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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Firearms Amendment (Prohibited
Pistols) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Firearms Act 1996 No 46 2
4 Amendment of Firearms (General) Regulation 1997 2
5 Amendment of other legislation 2
Schedules
1 Amendment of Firearms Act 1996 3
2 Amendment of Firearms (General) Regulation 1997 18
3 Amendment of other legislation 23
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Firearms Amendment (Prohibited
Pistols) Bill 2003
Act No , 2003
An Act to amend the Firearms Act 1996 and the Firearms (General)
Regulation 1997 to make further provision in relation to the regulation and
control of pistols used for the purposes of sporting target shooting; to provide
compensation for surrendering certain pistols; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Firearms Amendment (Prohibited Pistols) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Firearms Amendment (Prohibited Pistols) Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Firearms Act 1996 No 46
The Firearms Act 1996 is amended as set out in Schedule 1.
4 Amendment of Firearms (General) Regulation 1997
The Firearms (General) Regulation 1997 is amended as set out in
Schedule 2.
5 Amendment of other legislation
The Acts and the regulation specified in Schedule 3 are amended as
set out in that Schedule.
Page 2
Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of Firearms Act 1996 Schedule 1
Schedule 1 Amendment of Firearms Act 1996
(Section 3)
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
barrel length, in relation to a pistol, means:
(a) in the case of a revolver--the distance from the muzzle
of the barrel to the breech end immediately in front of
the cylinder, or
(b) in any other case--the distance from the muzzle of the
barrel to the point of the breech face (including the
chamber) with the top slide forward and the breech face
or bolt in a closed position,
and in either case includes an alteration of such kind as is
approved by the Commissioner and that has been permanently
attached to the barrel of the pistol.
black powder pistol means a pistol that:
(a) uses black powder to propel a projectile, and
(b) is not capable of being loaded with, or of discharging,
breech-loaded metallic cartridges.
category H (sport/target shooting) licence means a category
H licence that is issued for the purposes of sport/target
shooting.
post-1946 pistol means a pistol manufactured after 1 January
1946.
probationary pistol licence means a category H (sport/target
shooting) licence of the kind referred to in section 16A.
prohibited pistol--see section 4C.
[2] Section 4C
Insert after section 4B:
4C Meaning of "prohibited pistol"
(1) In this Act, prohibited pistol means any of the following kinds
of pistol:
(a) a pistol with a calibre of more than .38 inch,
Page 3
Firearms Amendment (Prohibited Pistols) Bill 2003
Schedule 1 Amendment of Firearms Act 1996
(b) a self-loading pistol with a barrel length of less than
120 mm,
(c) a revolver with a barrel length of less than 100 mm,
but does not include any such kind of pistol that is a black
powder pistol.
Note. A prohibited pistol is not a prohibited firearm. Prohibited firearms
are listed in Schedule 1 (see definition of prohibited firearm in section
4 (1)).
(2) For the purposes of this Act, any pistol that would be a
prohibited pistol:
(a) if it did not have something missing from it, or a defect
or obstruction in it, or
(b) if it were not for the fact that something has been done
to it (being something that, in the opinion of the
Commissioner, is not in accordance with the recognised
specifications for that pistol),
is taken to be a prohibited pistol.
[3] Section 8 Licence categories and authority conferred by licence
Insert at the end of the matter relating to category H licences in section
8 (1):
In the case of a category H (sport/target shooting) licence, the
licensee is authorised to possess or use a registered pistol only
for the purposes of participating in competitive shooting
activities that are approved by the Commissioner.
A category H (sport/target shooting) licence does not
authorise the possession or use of a prohibited pistol.
[4] Section 8 (3)
Insert "this Act and" after "subject to".
[5] Section 12 Genuine reasons for having a licence
Omit paragraphs (a) and (b) of the matter relating to the genuine reason of
firearms collection in the Table to section 12.
Insert instead:
(a) be a current member of a collectors' society or club
approved by the Commissioner in accordance with the
regulations, and
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Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of Firearms Act 1996 Schedule 1
(b) provide a written statement by that collectors' society
or club confirming that the applicant's firearms
collection has a genuine commemorative, historical,
thematic or financial value.
[6] Section 16 Category H licences--restrictions on issue
Insert at the end of the section:
(2) The Commissioner must not issue a category H (sport/target
shooting) licence (other than a probationary pistol licence) to
a person unless:
(a) the person has previously been issued with a
probationary pistol licence, and
(b) the probationary pistol licence has expired, and
(c) the application for the category H (sport/target
shooting) licence is supported by a written statement by
the secretary or other relevant office holder of the pistol
shooting club of which the person is a member
confirming that the person has complied with the
conditions specified in section 16A (2).
(3) Subsection (2) does not apply in relation to a person if the
person has previously held a category H (sport/target
shooting) licence.
[7] Sections 16A and 16B
Insert after section 16:
16A Probationary pistol licences
(1) A category H (sport/target shooting) licence that is issued to a
person who has never held such a licence is to be issued as a
probationary pistol licence.
(2) A probationary pistol licence is subject to the following
conditions:
(a) for the first 6 months of the term of the licence, the
licensee must not possess or use a pistol except:
(i) while on the premises of a pistol shooting club
and under the supervision of a person who is the
holder of a category H (sport/target shooting)
licence that is not a probationary pistol licence,
and
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Firearms Amendment (Prohibited Pistols) Bill 2003
Schedule 1 Amendment of Firearms Act 1996
(ii) in connection with the requirement referred to in
paragraph (b),
(b) the licensee must, by the end of that 6-month period,
have completed to the satisfaction of the Commissioner
a firearm training and safety training course conducted
by the pistol shooting club of which the licensee is a
member.
(3) If:
(a) the holder of a probationary pistol licence applies for a
category H (sport/target shooting) licence before the
term of the probationary pistol licence expires, and
(b) the application has not been dealt with by the time the
probationary pistol licence expires,
the authority conferred by the probationary pistol licence
continues until such time as the person is notified of the issue
of, or refusal of, the category H (sport/target shooting)
licence.
(4) This section does not limit the conditions to which a
probationary pistol licence is subject.
16B Special provisions relating to category H (sport/target
shooting) licences issued for specialised target pistols
(1) In this section:
specialised target pistol means:
(a) a self-loading pistol with a barrel length of less than 120
mm, or
(b) a revolver with a barrel length of less than 100 mm,
that, in the opinion of the Commissioner, is of a distinctive
size or shape and is used in International Shooting Sport
Federation competition events, but that is not otherwise a
prohibited pistol.
(2) The Commissioner may issue a category H (sport/target
shooting) licence (referred to in this section as a special pistol
licence) authorising a person to possess and use a specialised
target pistol for the purposes only of participating in such
classes of specialised shooting competitions as may be
approved by the Commissioner.
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Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of Firearms Act 1996 Schedule 1
(3) For the avoidance of doubt, a special pistol licence is a type of
category H (sport/target shooting) licence, and any
requirements under this Act or the regulations that apply to or
in respect of a category H (sport/target shooting) licence
apply to or in respect of a special pistol licence.
[8] Section 17C
Insert after section 17B:
17C Special provisions relating to firearms collector licences
(post-1946 pistols)
The Commissioner may issue a firearms collector licence that
authorises a person to possess a post-1946 pistol if:
(a) the person produces evidence to the Commissioner that
the person has been a member of a collectors' society or
club for at least one year, and
(b) the application for the licence is supported by a written
statement by the secretary or other relevant office
holder of the collectors' society or club of which the
person is a member confirming that the part of the
person's firearms collection comprising post-1946
pistols has a genuine commemorative, historical,
thematic or financial value.
Note. See also the Table to section 12 which provides that one of the
requirements for the genuine reason of firearms collection is that the
applicant for the licence must be a current member of an approved
collectors' society or club.
[9] Section 20 Firearms collector licences--special conditions
Insert "or that is a prohibited pistol" after "1900" in section 20 (b).
[10] Section 20 (f)
Insert after section 20 (e):
(f) in the case of a licence that was in force immediately
before the commencement of this paragraph--a
post-1946 pistol can only be kept as part of the
collection if:
(i) the licensee has been a member of a collectors'
society or club since 20 December 2002, and
Page 7
Firearms Amendment (Prohibited Pistols) Bill 2003
Schedule 1 Amendment of Firearms Act 1996
(ii) the licensee provides the Commissioner with a
written statement by the secretary or other
relevant office holder of the collectors' society or
club of which the licensee is a member
confirming that the part of the licensee's firearms
collection comprising post-1946 pistols has a
genuine commemorative, historical, thematic or
financial value.
[11] Section 21 Term of licence
Omit "subsection (2)" from section 21 (1). Insert instead "this section".
[12] Section 21 (3)
Insert after section 21 (2):
(3) A probationary pistol licence continues in force from the time
it is issued for a period of 12 months unless it is sooner
surrendered or revoked or otherwise ceases to be in force.
[13] Section 24 Revocation of licence
Insert after section 24 (2) (c):
(c1) if the Commissioner is satisfied that the licensee,
through any negligence or fraud on the part of the
licensee, has caused a firearm to be lost or stolen, or
[14] Section 31 Permits to acquire firearms
Insert after section 31 (3):
(3A) Without limiting subsection (3), the Commissioner must not
issue a permit authorising a person who is the holder of a
category H (sport/target shooting) licence (including a
probationary pistol licence) to acquire a pistol unless the
application for the permit is supported by a written statement
by the secretary or other relevant office holder of the pistol
shooting club in respect of which the person's genuine reason
for having the licence has been established:
(a) confirming that the person has adequate storage
arrangements (as specified under this Act) in relation to
the safe keeping of the pistol, and
(b) specifying the shooting activities for which the pistol is
required.
Page 8
Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of Firearms Act 1996 Schedule 1
(3B) In the case of a person who is the holder of a probationary
pistol licence, and without limiting subsections (3) and (3A),
the Commissioner:
(a) during the initial probationary period referred to in
section 16A (2)--must not issue a permit authorising
the person to acquire any kind of pistol, and
(b) during the remainder of the term of the licence--may
only issue a total of 2 permits authorising the person to
acquire no more than 2 pistols, any one of which
(subject to subsection (3C)) is:
(i) a centrefire pistol, or
(ii) a rimfire pistol with a calibre of no more than .22
inch, or
(iii) an air pistol with a calibre of no more than .177
inch, or
(iv) a black powder pistol.
(3C) However, nothing in subsection (3B) (b) authorises the holder
of a probationary pistol licence to possess a centrefire pistol
and a rimfire pistol at the same time.
[15] Section 51E
Insert after section 51D:
51E Possession or use of pistols fitted with magazines of more
than 10 round capacity
A person who is the holder of a category H (sport/target
shooting) licence must not possess or use a pistol fitted with a
magazine that has a capacity of more than 10 rounds.
Maximum penalty: imprisonment for 14 years.
[16] Section 58 Possession of spare barrels for firearms
Insert "(other than a prohibited pistol)" after "a firearm".
Page 9
Firearms Amendment (Prohibited Pistols) Bill 2003
Schedule 1 Amendment of Firearms Act 1996
[17] Section 58 (2)
Insert at the end of section 58:
(2) A person must not possess a barrel for a prohibited pistol
unless the person is authorised by a licence or permit to
possess the pistol or barrel.
Maximum penalty: imprisonment for 5 years.
[18] Section 60 Disposal of firearms by unauthorised persons
Insert "(except as provided by section 82A)" after "must" in section 60 (1).
[19] Section 63 Converting firearms
Insert after section 63 (1):
(1A) A person must not, unless authorised to do so by a permit,
alter the construction or action of a pistol that is not a
prohibited pistol so as to convert it into a prohibited pistol.
Maximum penalty: imprisonment for 10 years.
[20] Section 78
Omit the section. Insert instead:
78 Compensation for surrendering prohibited pistols and
post-1946 pistols
(1) In this section and in section 78A:
buyback period means the period starting on the
commencement of this section (as substituted by the Firearms
Amendment (Prohibited Pistols) Act 2003) and ending 6
months later (or such longer period as may be prescribed by
the regulations).
(2) A person who is the holder of a category H (sport/target
shooting) licence that was in force immediately before the
start of the buyback period is entitled to be paid compensation
by the State for any registered prohibited pistol in the person's
possession if:
(a) the person was, immediately before the date on which
the buyback period starts, authorised by the licence to
possess the pistol, and
Page 10
Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of Firearms Act 1996 Schedule 1
(b) the pistol is surrendered to a police officer or other
member of NSW Police during the buyback period.
(3) A person who is the holder of a firearms dealer licence that
was in force immediately before the start of the buyback
period is entitled to be paid compensation by the State for any
prohibited pistol in the person's possession if the pistol:
(a) was acquired or ordered by the person before 20
December 2002, and
(b) is surrendered to a police officer or other member of
NSW Police during the buyback period.
(4) A person who is the holder of a firearms collector licence that
was in force immediately before the start of the buyback
period is entitled to be paid compensation by the State for any
registered post-1946 pistol in the person's possession if:
(a) the person was, immediately before the date on which
the buyback period starts, authorised under this Act or
the regulations to possess the pistol as part of the
person's firearms collection, and
(b) the person is unable to comply with section 20 (f), and
(c) the pistol is surrendered to a police officer or other
member of NSW Police during the buyback period.
(5) The amount of compensation payable for surrendering a
prohibited pistol or post-1946 pistol under this section is the
amount specified in respect of the pistol in the valuation list
approved by the Commissioner for the purposes of this
section. That list is to be made publicly available in such
manner as the Commissioner determines.
(6) If a person who is entitled to be paid compensation for
surrendering a pistol under this section establishes that the
approved valuation list does not take into account any
modification or other thing that may relate to the true value of
the pistol (being a modification or thing that has not been
valued in relation to the pistol in accordance with the
valuation list), the Commissioner may refer the dispute to an
independent pistol evaluation panel constituted by the
Commissioner for the purposes of this section. Such a panel
is to comprise persons who, in the opinion of the
Commissioner, are suitably qualified to assess the value of
pistols surrendered under this section.
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Firearms Amendment (Prohibited Pistols) Bill 2003
Schedule 1 Amendment of Firearms Act 1996
(7) The panel is to determine any such valuation dispute referred
to it. Any such determination may include a recommendation
to the Commissioner as to the value of any modification or
other thing that is the subject of the dispute.
(8) The panel's determination is final and is not subject to any
appeal or review.
(9) Any prohibited pistol or post-1946 pistol that is surrendered
under this section is forfeited to the Crown after
compensation for the pistol has been paid in accordance with
this section.
(10) The Commissioner is to make arrangements:
(a) for the manner in which prohibited pistols and
post-1946 pistols are to be surrendered under this
section, and
(b) for the manner in which compensation under this
section is to be paid, and
(c) for the disposal or destruction of, or for otherwise
dealing with, pistols that are to be surrendered under
this section.
[21] Section 78A
Omit section 78A. Insert instead:
78A Compensation for surrendering other items
The regulations may make provision for or with respect to the
payment of compensation by the State in relation to the
surrendering, during the buyback period, of any one or more
of the following:
(a) pistols that are not prohibited pistols,
(b) post-1946 pistols that the holder of a firearms collector
licence is authorised under this Act or the regulations to
possess as part of the licensee's firearms collection,
(c) firearm parts and accessories in relation to prohibited
pistols,
(d) pistol magazines with a capacity of more than 10
rounds,
Page 12
Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of Firearms Act 1996 Schedule 1
(e) such other things in relation to prohibited pistols and
post-1946 pistols as may be prescribed by the
regulations.
[22] Section 79
Omit the section. Insert instead:
79 Disclosure by health professionals of certain information
(1) If a health professional is of the opinion that a person to whom
the health professional has been providing professional
services may pose a threat to public safety (or a threat to the
person's own safety) if in possession of a firearm, the health
professional may inform the Commissioner of that opinion.
(2) A health professional is not subject to any criminal or civil
liability, including liability for breaching any duty of
confidentiality, if the health professional informs the
Commissioner in good faith of the health professional's
opinion referred to in subsection (1).
(3) In this section:
health professional means any of the following persons:
(a) a medical practitioner, psychologist, nurse or social
worker,
(b) a person who provides professional counselling
services,
(c) a person who is of such other class of health
professional as may be prescribed by the regulations.
[23] Section 79A
Insert after section 79:
79A Disclosure of certain information by club officials
The disclosure of any information or other matter by the
secretary or other relevant office holder of a pistol club or a
collectors' society or club to the Commissioner in accordance
with any requirement imposed on the secretary or office
holder under the regulations does not, if the disclosure was in
good faith, subject the society or club, or the secretary or
office holder, to any criminal or civil liability.
Page 13
Firearms Amendment (Prohibited Pistols) Bill 2003
Schedule 1 Amendment of Firearms Act 1996
[24] Section 82A
Insert after section 82:
82A Deceased estates
(1) The executor or administrator of an estate of a person:
(a) who has died, and
(b) who was authorised by a licence or permit to possess a
firearm,
does not commit an offence under section 7 in respect of the
possession of the firearm if the executor or administrator
retains possession of the firearm for the purposes of disposing
of it lawfully.
(2) Any such executor or administrator must:
(a) notify the Commissioner of the death of the person who
possessed the firearm as soon as practicable after the
person's death, and
(b) while retaining possession of the firearm, comply with
the same requirements as to the safe keeping of the
firearm that would apply to a person who is authorised
by a licence or permit to keep a firearm of that kind.
Maximum penalty: 50 penalty units.
(3) Subsection (1) ceases to have effect in relation to any such
executor or administrator:
(a) once the firearm is disposed of lawfully by the executor
or administrator, or
(b) at the end of the period of 6 months immediately
following the death of the person who was authorised to
possess the firearm concerned,
whichever occurs first.
(4) Nothing in this section authorises the use of a firearm.
[25] Section 84 Proceedings for offences
Insert "51E, 58 (2)," after "51D (1)," in section 84 (2).
Page 14
Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of Firearms Act 1996 Schedule 1
[26] Section 88 Regulations
Omit "prohibited firearms" from section 88 (2) (b).
Insert instead "pistols as provided by section 78".
[27] Section 88 (2) (b1)
Omit the paragraph.
[28] Schedule 3 Savings and transitional provisions
Insert after clause 1 (1) (c):
(d) the Firearms Amendment (Prohibited Pistols)
Act 2003.
[29] Schedule 3, Part 5
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Firearms Amendment (Prohibited
Pistols) Act 2003
19 Existing category H licences issued for sport/target shooting
purposes
(1) A category H licence issued for the genuine reason of
sport/target shooting and in force immediately before the
commencement of this clause is taken to be a category H
(sport/target shooting) licence.
(2) Section 8 (as amended by the Firearms Amendment
(Prohibited Pistols) Act 2003) extends to a category H licence
in force immediately before the commencement of that
amendment if the licence was issued for the genuine reason of
sport/target shooting.
(3) Without limiting subclause (1), if the holder of a category H
licence issued for the genuine reason of sport/target shooting
was, immediately before the commencement of this clause,
authorised by that licence to possess and use a specialised
target pistol within the meaning of section 16B, the holder is
taken to have been issued with a special pistol licence (as
referred to in that section) in respect of that pistol.
Page 15
Firearms Amendment (Prohibited Pistols) Bill 2003
Schedule 1 Amendment of Firearms Act 1996
20 Existing firearms collector licences
Section 20 (b) (as amended by the Firearms Amendment
(Prohibited Pistols) Act 2003) extends to a firearms collector
licence in force immediately before the commencement of
this clause.
21 Temporary amnesty for possession of prohibited pistols and
post-1946 pistols
(1) In this clause and in clause 22:
buyback period means the period referred to in section 78 (as
substituted by the Firearms Amendment (Prohibited Pistols)
Act 2003).
(2) A person who is the holder of a category H (sport/target
shooting) licence does not commit an offence under section 7
in respect of the possession of a prohibited pistol acquired by
the person before the buyback period.
(3) Subclause (2) ceases to have effect in relation to any such
person once:
(a) a police officer or other member of NSW Police makes
a determination that the pistol is a prohibited pistol, or
(b) the buyback period ends,
whichever occurs first.
(4) Subject to the regulations, a person who is the holder of a
firearms collector licence does not commit an offence under
section 7 in respect of the possession of a post-1946 pistol
acquired by the person before the buyback period.
(5) Subclause (4) ceases to have effect at the end of the buyback
period.
(6) Nothing in this clause authorises a person to use a prohibited
pistol or post-1946 pistol.
22 Temporary amnesty for possession of pistols fitted with
magazines of more than 10 round capacity
(1) This clause applies to a pistol fitted with a magazine that has
a capacity of more than 10 rounds.
Page 16
Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of Firearms Act 1996 Schedule 1
(2) A person who is the holder of a category H (sport/target
shooting) licence does not, during the buyback period,
commit an offence under section 51E (as inserted by the
Firearms Amendment (Prohibited Pistols) Act 2003) in
respect of the possession of a pistol to which this clause
applies that was acquired by the person before the buyback
period.
(3) Nothing in this clause authorises a person to use a pistol to
which this clause applies.
Page 17
Firearms Amendment (Prohibited Pistols) Bill 2003
Schedule 2 Amendment of Firearms (General) Regulation 1997
Schedule 2 Amendment of Firearms (General)
Regulation 1997
(Section 4)
[1] Clause 59A
Insert after clause 59:
59A Permit for high calibre pistols used in specially approved
shooting competitions
(1) This clause applies to any pistol with a calibre of more than
.38 inch (but not more than .45 inch) but that is not otherwise
a prohibited pistol.
(2) The Commissioner may, on application by a person who is the
holder of a category H (sport/target shooting) licence (other
than a probationary pistol licence), issue a permit authorising
the person to possess and use a pistol to which this clause
applies for the purposes only of participating in such classes
of specialised shooting competitions as may be approved.
(3) The Commissioner must not issue a permit to a person under
this clause unless the pistol shooting club in respect of which
the person's genuine reason for having the category H
(sport/target shooting) licence has been established has
certified to the Commissioner that the pistol to which the
permit relates is required by the person to participate in any
such specialised shooting competition.
(4) In accordance with section 30 (3) of the Act, a permit under
this clause:
(a) is subject to such conditions as the Commissioner
thinks fit to impose, and
(b) remains in force for such period as the Commissioner
determines at the time the permit is issued (unless it is
sooner surrendered or revoked or otherwise ceases to be
in force).
[2] Clause 77 Definitions
Insert in alphabetical order:
pistol club means a shooting club that conducts or organises
approved pistol shooting competitions.
Page 18
Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of Firearms (General) Regulation 1997 Schedule 2
[3] Clause 80 Conditions of approval of club
Omit "the club membership requirements under clause 81 (1)" from clause
80 (2) (b).
Insert instead "the requirements specified in clause 81".
[4] Clauses 80A and 80B
Insert after clause 80:
80A Special conditions relating to pistol clubs
Without limiting the conditions to which the approval of a
pistol club may be subject, any such approval is subject to the
following conditions:
(a) the club must not admit a person (the applicant) as a
member unless:
(i) the applicant has submitted 2 character
references from persons who are of or above the
age of 18 and who have known the applicant for
at least 2 years, and
(ii) the secretary or other relevant office holder of the
club is satisfied that the applicant has submitted
the name of any other approved pistol club or
shooting club of which the applicant is a member,
(b) if the club cancels or suspends the membership of any
member, the secretary or other relevant office holder
must, within 7 days of the cancellation or suspension,
notify the Commissioner that the person's membership
has been cancelled or suspended and advise the
Commissioner of the reasons for the cancellation or
suspension,
(c) the club must ensure that a person whose catgeory H
(sport/target shooting) licence has been revoked or
suspended does not, while the revocation or suspension
remains in force, use a pistol on any shooting range or
other premises of the club,
(d) if the secretary or other relevant office holder of an
approved pistol club is of the opinion that any person
who is a member of the club, or who has applied to be
a member of the club, may pose a threat to public safety
Page 19
Firearms Amendment (Prohibited Pistols) Bill 2003
Schedule 2 Amendment of Firearms (General) Regulation 1997
(or a threat to the person's own safety) if in possession
of a firearm, the secretary or office holder must inform
the Commissioner of that opinion.
80B Special conditions relating to collectors' societies and clubs
Without limiting the conditions to which the approval of a
collectors' society or club may be subject, any such approval
is subject to the following conditions:
(a) if the society or club cancels or suspends the
membership of any member who is the holder of a
licence or permit, the secretary or other relevant office
holder must, within 7 days of the cancellation or
suspension, notify the Commissioner that the person's
membership has been cancelled or suspended and
advise the Commissioner of the reasons for the
cancellation or suspension,
(b) if the secretary or other relevant office holder of the
society or club is of the opinion that any person who is
a member of the society or club, or who has applied to
be a member of the society or club, is not a fit and
proper person to be in possession of a firearm, the
secretary or office holder must inform the
Commissioner of that opinion.
[5] Clause 81 Participation requirements for club members
Omit clause 81 (1) (a). Insert instead:
(a) in the case of an approved pistol club--the person must,
over each period of 12 months that the licence is in
force:
(i) participate in at least 6 club organised
competitive shooting matches that are held at the
club's shooting range, and
(ii) for each different kind of pistol that the person
possesses for different shooting events,
undertake at least 4 club organised shoots,
[6] Clause 81 (2)
Omit "any such requirement".
Insert instead "the requirements under this clause".
Page 20
Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of Firearms (General) Regulation 1997 Schedule 2
[7] Clause 83
Insert after clause 82:
83 Disclosure of information by Commissioner
(1) The Commissioner is, in relation to an application for
membership of an approved club, authorised to disclose to the
secretary or other relevant office holder of the club any
information as to the following:
(a) the pistols that are held by the applicant,
(b) any other approved pistol club of which the applicant is
a member,
(c) any other information that, in the opinion of the
Commissioner, is relevant to the person's application
for membership of the approved club.
(2) In this clause:
approved club means an approved pistol club or an approved
collectors' society or club.
[8] Clause 84 Fees
Insert after clause 84 (1) (c):
(c1) application fee for a probationary pistol licence--$100,
[9] Clause 97 Disclosure by health practitioners of certain
information
Omit the clause.
[10] Clause 111 Exemption for certain firearms manufactured before
1900
Omit clause 111 (1). Insert instead:
(1) This clause applies to any firearm manufactured before 1900
that:
(a) in the case of a firearm other than a pistol--is not
capable of discharging breech-loaded metallic
cartridges or is a firearm for which ammunition is not,
in the opinion of the Commissioner, commercially
available, or
(b) is a pre-percussion pistol.
Page 21
Firearms Amendment (Prohibited Pistols) Bill 2003
Schedule 2 Amendment of Firearms (General) Regulation 1997
[11] Clause 111 (5)
Insert after clause 111 (4):
(5) In subclause (1):
pre-percussion pistol means a muzzle loading pistol
(including a percussion lock pistol that is muzzle loading) that
uses black powder to propel a projectile, but does not include
any breech loading pistol with a rotating cylinder or any other
breech loading pistol that accepts metallic cartridges.
[12] Clause 120
Insert after clause 119:
120 Temporary general amnesty for illegally held firearms that are
surrendered to the police
(1) In this clause:
general amnesty period means the period starting on the
commencement of this clause and ending 6 months later.
(2) A person is, during the general amnesty period, exempt from
the requirement under the Act to hold a licence or permit
authorising possession of a firearm if the person:
(a) is surrendering the firearm to a member of NSW Police
in accordance with such directions as are issued by the
Commissioner, or
(b) is proceeding to a police station (or other nominated
place) for the purpose of surrendering the firearm.
(3) Nothing in this clause authorises the use of a firearm.
Page 22
Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of other legislation Schedule 3
Schedule 3 Amendment of other legislation
(Section 5)
3.1 Criminal Procedure Act 1986 No 209
[1] Section 268 Maximum penalties for Table 2 offences
Insert "51E, 58 (2)," after "51D (1)," in section 268 (2) (e1) (as
renumbered by Schedule 1 [84] to the Criminal Procedure Amendment
(Justices and Local Courts) Act 2001).
[2] Schedule 1 Indictable offences triable summarily
Insert "51E, 58 (2)," after "51D (1)," in clause 7 of Table 2.
3.2 Weapons Prohibition Act 1998 No 127
[1] Schedule 1 Prohibited weapons
Insert at the end of clause 4 (4) (d):
, or
(e) a pistol magazine with a capacity of more than 10
rounds.
[2] Schedule 2 Savings and transitional provisions
Omit "this Act." from clause 1 (1). Insert instead:
the following Acts:
this Act
Firearms Amendment (Prohibited Pistols) Act 2003, to the
extent that it amends this Act
[3] Schedule 2, clause 1 (2)
Omit "this Act". Insert instead "the Act concerned".
Page 23
Firearms Amendment (Prohibited Pistols) Bill 2003
Schedule 3 Amendment of other legislation
[4] Schedule 2, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Firearms Amendment (Prohibited
Pistols) Act 2003
8 Amnesty for pistol magazines with a capacity of more than 10
rounds
(1) This clause applies to a prohibited weapon referred to in
clause 4 (4) (e) of Schedule 1.
(2) A person who is the holder of a category H (sport/target
shooting) licence under the Firearms Act 1996 does not
commit an offence under section 7 of this Act in respect of the
possession of a prohibited weapon to which this clause
applies acquired by the person before the buyback period.
(3) Subclause (2) ceases to have effect in relation to any such
person once the buyback period ends.
(4) Nothing in this clause authorises a person to use a prohibited
weapon to which this clause applies (including fitting the
prohibited weapon to a pistol).
(5) In this clause:
buyback period has the same meaning as in section 78 of the
Firearms Act 1996 (as substituted by the Firearms
Amendment (Prohibited Pistols) Act 2003.
3.3 Weapons Prohibition Regulation 1999
[1] Schedule 1 Persons exempt from requirement for permit
Omit "clause 4 (4)" from clause 4. Insert instead "clause 4 (4) (a)(d)".
[2] Schedule 1, clause 4 Possession and use of firearm magazines by
certain persons
Insert at the end of the clause:
(2) The holder of a category H licence under the Firearms Act
1996 issued for the genuine reason of business or employment
is exempt from the requirement under the Act for a permit to
Page 24
Firearms Amendment (Prohibited Pistols) Bill 2003
Amendment of other legislation Schedule 3
possess or use a prohibited weapon referred to in clause
4 (4) (e) of Schedule 1 to the Act, but:
(a) only in relation to its use in a registered pistol to which
the licence applies, and
(b) only in connection with that genuine reason, and
(c) subject to such restrictions as may be imposed on the
licence by or under the Firearms Act 1996.
Page 25
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