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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Firearms Amendment (Public Safety)
Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Firearms Act 1996 No 46 2
4 Amendment of other legislation 2
Schedules
1 Amendment of Firearms Act 1996 3
2 Miscellaneous amendments to Firearms Act 1996 to clarify
operation of existing penalties 12
3 Amendment of other legislation 16
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2002
New South Wales
Firearms Amendment (Public Safety)
Bill 2002
Act No , 2002
An Act to amend the Firearms Act 1996 to authorise the use of dogs by police
officers to detect firearms and explosives in public places and to make further
provision with respect to the regulation and control of firearms; to amend the
Weapons Prohibition Act 1998 and the Criminal Procedure Act 1986; and for other
purposes.
See also Summary Offences Amendment (Public Safety) Act 2002.
Clause 1 Firearms Amendment (Public Safety) Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Firearms Amendment (Public Safety) Act 2002.
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 Schedules 1 and 2.
4 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 (Public Safety) Bill 2002
Amendment of Firearms Act 1996 Schedule 1
Schedule 1 Amendment of Firearms Act 1996
(Section 3)
[1] Section 4 Definitions
Omit the definition of firearms dealer from section 4 (1). Insert instead:
firearms dealer means a person who, in the course of carrying
on a business or in carrying out the person's duties as a club
armourer:
(a) manufactures, purchases, sells, transfers, tests, repairs or
converts firearms or firearm parts, and
(b) possesses firearms or firearm parts for the purpose of
doing anything referred to in paragraph (a).
[2] Section 4 (1)
Insert in alphabetical order:
test a firearm or firearm part includes carry out developmental
work or research into the manufacture of a firearm or firearm
part.
[3] Section 8 Licence categories and authority conferred by licence
Insert "convert," after "manufacture," where firstly and thirdly occurring
under the category heading "Firearms dealer licence" in section 8 (1).
[4] Section 8 (2)
Insert "and firearms dealer licences, and specify the authority conferred by
each such sub-category" after "licences".
[5] Section 9 Authority conferred by licence--additional matters
Omit "altered (otherwise than to convert it into a prohibited firearm)" from
section 9 (1) (a) (ii).
Insert instead "converted".
Page 3
Firearms Amendment (Public Safety) Bill 2002
Schedule 1 Amendment of Firearms Act 1996
[6] Section 11 General restrictions on issue of licences
Insert after section 11 (5):
(5A) A licence 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 licence would be contrary to the
public interest.
(5B) The Commissioner is not, under this or any other Act or law,
required to give any reasons for not issuing a licence on the
grounds referred to in subsection (5A).
[7] Section 11 (7)
Omit "The". Insert instead "Despite any other provision of this section, the".
[8] Section 11 (8)
Omit the note following the subsection.
[9] Section 29 General restrictions on issuing permits
Insert after section 29 (3):
(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.
(3B) The Commissioner is not, under this or any other Act or law,
required to give reasons for not issuing a permit on the grounds
referred to in subsection (3A).
[10] Section 29 (4)
Omit "The". Insert instead "Despite any other provision of this section, the".
Page 4
Firearms Amendment (Public Safety) Bill 2002
Amendment of Firearms Act 1996 Schedule 1
[11] Section 43
Omit the section. Insert instead:
43 Firearms dealers must be licensed
A person must not:
(a) carry on activities as a firearms dealer, or
(b) possess a firearm in the person's capacity as a firearms
dealer,
unless authorised to do so by a firearms dealer licence.
Maximum penalty: imprisonment for 7 years.
[12] Section 50A
Insert after section 50:
50A Unauthorised manufacture of firearms
(1) A person who manufactures a firearm is guilty of an offence
under this subsection unless the person is authorised by a
licence or permit to manufacture the firearm.
Maximum penalty: imprisonment for 10 years.
(2) A person who manufactures a prohibited firearm or pistol is
guilty of an offence under this subsection unless the person is
authorised by a licence or permit to manufacture the prohibited
firearm or pistol.
Maximum penalty: imprisonment for 20 years.
(3) Without limiting the operation of subsection (1) or (2), those
subsections apply to a person regardless of whether the firearm
concerned was manufactured in the course of carrying on a
business.
(4) If on the trial of a person for an offence under subsection (2)
the jury is not satisfied that the accused is guilty of the offence
charged but is satisfied on the evidence that the accused is
guilty of an offence under subsection (1), it may find the
accused not guilty of the offence charged but guilty of an
offence under subsection (1), and the accused is liable to
punishment accordingly.
Page 5
Firearms Amendment (Public Safety) Bill 2002
Schedule 1 Amendment of Firearms Act 1996
(5) In this section:
manufacture a firearm includes assemble a firearm from
firearm parts.
[13] Section 51D
Insert after section 51C:
51D Unauthorised possession of firearms in aggravated
circumstances
(1) A person who is in possession of more than 3 firearms is guilty
of an offence under this subsection if:
(a) the firearms are not registered, and
(b) the person is not authorised by a licence or permit to
possess the firearms.
Maximum penalty: imprisonment for 10 years.
(2) A person who is in possession of more than 3 firearms any one
of which is a prohibited firearm or pistol is guilty of an offence
under this subsection if:
(a) the firearms are not registered, and
(b) the person is not authorised by a licence or permit to
possess the firearms.
Maximum penalty: imprisonment for 20 years.
(3) If on the trial of a person for an offence under subsection (2)
the jury is not satisfied that the accused is guilty of the offence
charged but is satisfied on the evidence that the accused is
guilty of an offence under subsection (1), it may find the
accused not guilty of the offence charged but guilty of an
offence under subsection (1), and the accused is liable to
punishment accordingly.
Page 6
Firearms Amendment (Public Safety) Bill 2002
Amendment of Firearms Act 1996 Schedule 1
[14] Section 63 Converting firearms
Insert after section 63 (2):
(3) A person must not, unless authorised to do so by a permit, alter
the construction or action of a firearm that is not a prohibited
firearm so as to convert it into a prohibited firearm.
Maximum penalty: imprisonment for 10 years.
(4) A person must not provide another person with any information
or thing that the person knows, or could reasonably be expected
to know, is to be used for the purpose of altering the
construction or action of a firearm if the other person is not
authorised by a licence or permit to possess a firearm of the
kind to which it is capable of being so altered.
Maximum penalty: imprisonment for 10 years.
[15] Part 6A
Insert after Part 6:
Part 6A Use of dogs to detect firearms and
explosives
72A Definitions
(1) In this Part:
premises means any building or structure, vehicle, vessel or
aircraft and any place, whether built on or not.
public place includes:
(a) a place (whether or not covered by water), or part of
premises, that is open to the public or is used by the
public, whether or not on payment of money or other
consideration, whether or not the place or part is
ordinarily so open or used and whether or not the public
to whom it is open consists only of a limited class of
persons, and
(b) a road, or a road related area, within the meaning of the
Road Transport (General) Act 1999.
Page 7
Firearms Amendment (Public Safety) Bill 2002
Schedule 1 Amendment of Firearms Act 1996
relevant firearm or explosives offence means an offence under
this or any other Act involving the possession or use of a
firearm or explosive.
72B Part does not confer power of entry or detention
Nothing in this Part confers on a police officer a power:
(a) to enter any premises that the officer is not otherwise
authorised to enter, or
(b) to detain a person who the officer is not otherwise
authorised to detain.
72C General authority to use dogs for detecting firearms or
explosives
(1) If a police officer is authorised to search a person for the
purpose of detecting a relevant firearms or explosives offence,
the officer is entitled to use a dog for that purpose.
(2) A police officer is, for the purpose of detecting a relevant
firearms or explosives offence, entitled to be accompanied by
a dog under the officer's control if the officer is entitled to
enter, or be in or on, particular premises in the exercise of the
officer's functions.
(3) Neither the State nor a police officer is liable to any action,
liability, claim or demand merely because a dog entered, or was
in or on, premises as provided by subsection (2).
72D General firearms or explosives detection using dogs
(1) For the purposes of this section, general firearms or explosives
detection is the detection or tracking of firearms or explosives,
including live or spent ammunition or any residue from a
firearm or explosive, in a public place (including in any vehicle
in a public place or in the possession of a person who is in a
public place).
(2) A police officer is authorised to use a dog to carry out general
firearms or explosives detection without a warrant.
(3) A police officer carrying out general firearms or explosives
detection under this section is to take all reasonable precautions
to prevent the dog touching a person.
Page 8
Firearms Amendment (Public Safety) Bill 2002
Amendment of Firearms Act 1996 Schedule 1
(4) A police officer is required to keep a dog under control when
the officer is using the dog to carry out general firearms or
explosives detection under this section.
(5) The provisions of this section do not affect the search of a
person whom a police officer reasonably suspects is
committing a relevant firearms or explosives offence.
72E Monitoring by Ombudsman
(1) For the period of 2 years after the commencement of this
section, the Ombudsman is to keep under scrutiny the exercise
of the powers conferred on police officers by this Part.
(2) For that purpose, the Ombudsman may require the
Commissioner of Police to provide information about the
exercise of those powers.
(3) The Ombudsman must, as soon as practicable after the
expiration of that 2-year period, prepare a report on the exercise
of those powers and furnish a copy of the report to the Minister
and the Commissioner of Police.
(4) The Minister is to lay (or cause to be laid) a copy of the report
before both Houses of Parliament as soon as practicable after
the Minister receives the report.
(5) If a House of Parliament is not sitting when the Minister seeks
to lay a report before it, the Minister may present copies of the
report to the Clerk of the House concerned.
(6) The report:
(a) is, on presentation and for all purposes, taken to have
been laid before the House, and
(b) may be printed by authority of the Clerk of the House,
and
(c) if so printed, is for all purposes taken to be a document
published by or under the authority of the House, and
(d) is to be recorded:
(i) in the case of the Legislative Council, in the
Minutes of the Proceedings of the Legislative
Council, and
Page 9
Firearms Amendment (Public Safety) Bill 2002
Schedule 1 Amendment of Firearms Act 1996
(ii) in the case of the Legislative Assembly, in the
Votes and Proceedings of the Legislative
Assembly,
on the first sitting day of the House after receipt of the
report by the Clerk.
[16] Section 75 Review by Administrative Decisions Tribunal of certain
decisions
Insert after section 75 (3):
(4) The following provisions of the Administrative Decisions
Tribunal Act 1997 do not apply to an application to the
Administrative Decisions Tribunal for a review of a decision
referred to in subsection (1) (a) or (c) that was made on the
grounds referred to in section 11 (5A) or 29 (3A):
(a) Part 2 of Chapter 5,
(b) section 58.
(5) In determining an application for a review of any such decision,
the Administrative Decisions Tribunal:
(a) is to ensure that it does not, in the reasons for its
decision or otherwise, disclose the existence or content
of any criminal intelligence report or other information
referred to in section 11 (5A) or 29 (3A), and
(b) in order to prevent the disclosure of any such report or
other information, is to receive evidence and hear
argument in the absence of the public, the applicant for
review and the applicant's representative.
[17] Section 81 Delegation
Insert "or the Commissioner's functions under section 11 (5A) or 29 (3A)"
after "delegation" in section 81 (1).
[18] Section 84 Proceedings for offences
Omit "Proceedings" from section 84 (1).
Insert instead "Except as provided by this section, proceedings".
Page 10
Firearms Amendment (Public Safety) Bill 2002
Amendment of Firearms Act 1996 Schedule 1
[19] Section 84 (2) and (3)
Omit the subsections. Insert instead:
(2) An offence under section 7, 36, 43, 44A, 50, 50A (1), 51 (1)
or (2), 51A, 51D (1), 62, 63, 64, 66, 70, 72 (1) or 74 may be
prosecuted on indictment. However, Division 3 of Part 2 of the
Criminal Procedure Act 1986 (which relates to the summary
disposal of certain indictable offences unless an election is
made by the prosecution to proceed on indictment) applies to
and in respect of an offence referred to in this subsection.
(3) An offence under section 50A (2), 51 (1A) or (2A), 51B
or 51D (2) is to be prosecuted on indictment only.
[20] Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
(c) the Firearms Amendment (Public Safety) Act 2002.
[21] Schedule 3
Insert after Part 3 of the Schedule:
Part 4 Provisions consequent on enactment of
Firearms Amendment (Public Safety) Act 2002
17 Restrictions on issuing licences or permits
The amendments made by Schedule 1 [6] and [9] to the
Firearms Amendment (Public Safety) Act 2002 extend to an
application for a licence or permit made (but not yet
determined) before the commencement of those amendments.
18 Existing firearms dealer licences
(1) This clause applies to a firearms dealer licence that is due to
expire on or before 31 December 2002.
(2) Any such licence continues in force until 30 June 2003 unless
it is sooner surrendered or revoked or otherwise ceases to be in
force.
Page 11
Firearms Amendment (Public Safety) Bill 2002
Schedule 2 Miscellaneous amendments to Firearms Act 1996 to clarify operation of
existing penalties
Schedule 2 Miscellaneous amendments to Firearms
Act 1996 to clarify operation of existing
penalties
(Section 3)
[1] Section 7 Offence of unauthorised possession or use of firearms
Omit the matter relating to the penalties at the end of section 7 (1).
Insert instead:
Maximum penalty: imprisonment for 14 years if the firearm
concerned is a prohibited firearm or pistol, or imprisonment for
5 years in any other case.
[2] Section 36 Unregistered firearms
Omit the matter relating to the penalties at the end of section 36 (1).
Insert instead:
Maximum penalty: imprisonment for 10 years if the firearm
concerned is a prohibited firearm or pistol, or imprisonment for
5 years in any other case.
[3] Section 50 Purchase of firearms
Omit the matter relating to the penalties at the end of the section.
Insert instead:
Maximum penalty: imprisonment for 10 years if the firearm
concerned is a prohibited firearm or pistol, or imprisonment for
5 years in any other case.
[4] Section 51 Restrictions on sale of firearms
Insert at the end of section 51 (1) and (2):
Maximum penalty: imprisonment for 5 years.
Page 12
Firearms Amendment (Public Safety) Bill 2002
Miscellaneous amendments to Firearms Act 1996 to clarify operation of Schedule 2
existing penalties
[5] Section 51 (1A)
Insert after section 51 (1):
(1A) A person (the seller) must not sell, or knowingly take part in
the sale of, a prohibited firearm or pistol to another person (the
purchaser) unless:
(a) the purchaser is authorised to possess the prohibited
firearm or pistol by a licence or permit, and
(b) the following documents have been produced to, and
inspected by, the seller:
(i) the purchaser's licence or permit, and
(ii) if the purchaser is not a licensed firearms
dealer--the purchaser's permit to acquire the
firearm (or the equivalent of any permit that is
issued under the law of another State or
Territory in respect of the prohibited firearm or
pistol concerned).
Maximum penalty: imprisonment for 20 years.
[6] Section 51 (2A)
Insert after section 51 (2):
(2A) A person other than a licensed firearms dealer must not sell, or
knowingly take part in the sale of, a prohibited firearm or pistol
to a person who is not a licensed firearms dealer unless:
(a) the sale has, in accordance with the regulations, been
arranged through a licensed firearms dealer, or
(b) in any case where a licensed firearms dealer is not (as
determined by the regulations) reasonably
available--the sale is witnessed by a police officer
authorised by the Commissioner.
Maximum penalty: imprisonment for 20 years.
Page 13
Firearms Amendment (Public Safety) Bill 2002
Schedule 2 Miscellaneous amendments to Firearms Act 1996 to clarify operation of
existing penalties
[7] Section 51 (4)
Insert after section 51 (3):
(4) If on the trial of a person for an offence under subsection (1A)
or (2A) the jury is not satisfied that the accused is guilty of the
offence charged but is satisfied on the evidence that the accused
is guilty of an offence under subsection (1) or (2), respectively,
it may find the accused not guilty of the offence charged but
guilty of the latter offence, and the accused is liable to
punishment accordingly.
[8] Section 51
Omit the matter relating to the penalties at the end of the section.
[9] Section 51A Restrictions on purchase of firearms
Omit the matter relating to the penalties at the end of the section.
Insert instead:
Maximum penalty: imprisonment for 14 years if the firearm
concerned is a prohibited firearm or pistol, or imprisonment for
5 years in any other case.
[10] Section 62 Shortening firearms
Omit the matter relating to the penalties at the end of section 62 (1).
Insert instead:
Maximum penalty: imprisonment for 10 years.
[11] Section 63 Converting firearms
Omit the matter relating to the penalties at the end of section 63 (1) and (2).
Insert instead at the end of each of those subsections:
Maximum penalty: imprisonment for 10 years.
Page 14
Firearms Amendment (Public Safety) Bill 2002
Miscellaneous amendments to Firearms Act 1996 to clarify operation of Schedule 2
existing penalties
[12] Section 64 Restrictions where alcohol or other drugs concerned
Omit the matter relating to the penalties at the end of section 64 (1) and (2).
Insert instead at the end of each of those subsections:
Maximum penalty: imprisonment for 5 years.
[13] Section 66 Defacing or altering identification marks
Omit the matter relating to the penalties at the end of the section.
Insert instead:
Maximum penalty: imprisonment for 5 years.
[14] Section 70 False or misleading applications
Omit the matter relating to the penalties at the end of the section.
Insert instead:
Maximum penalty: imprisonment for 10 years if the application
relates to a prohibited firearm or pistol, or imprisonment for 5
years in any other case.
[15] Section 72 Falsifying or altering records
Omit the matter relating to the penalties at the end of section 72 (1).
Insert instead:
Maximum penalty: imprisonment for 14 years if the record
relates to a prohibited firearm or pistol (or part of a prohibited
firearm or pistol), or imprisonment for 5 years in any other
case.
[16] Section 74 Effect of firearms prohibition order
Omit the matter relating to the penalties at the end of section 74 (1) and (3).
Insert instead at the end of each of those subsections:
Maximum penalty: imprisonment for 10 years if the firearm
concerned is a prohibited firearm or pistol, or imprisonment for
5 years in any other case.
Page 15
Firearms Amendment (Public Safety) Bill 2002
Schedule 3 Amendment of other legislation
Schedule 3 Amendment of other legislation
(Section 4)
3.1 Criminal Procedure Act 1986 No 209
[1] Section 28 Maximum penalties for Table 2 offences
Insert after section 28 (2) (e):
(e1) for an offence under section 7, 36, 43, 44A, 50, 50A (1),
51 (1) or (2), 51A, 51D (1), 62, 63, 64, 66, 70, 72 (1) or
74 of the Firearms Act 1996--imprisonment for 2
years, or a fine of 50 penalty units, or both.
[2] Schedule 1 Indictable offences triable summarily
Insert "33B (1)," after "31C," in clause 2 of Table 1.
[3] Schedule 1, Table 2, clause 7
Omit the clause. Insert instead:
7 Firearms Act 1996
An offence under section 7, 36, 43, 44A, 50, 50A (1), 51 (1)
or (2), 51A, 51D (1), 62, 63, 64, 66, 70, 72 (1) or 74 of the
Firearms Act 1996.
3.2 Weapons Prohibition Act 1998 No 127
Schedule 1 Prohibited weapons
Insert after clause 4 (4):
(5) Any article or device, such as a device known as a brass
catcher, that is designed to be attached to a firearm for the
purposes of catching ejected cartridge cases when the firearm
is being fired.
Page 16
Firearms Amendment (Public Safety) Bill 2002
Amendment of other legislation Schedule 3
3.3 Weapons Prohibition Regulation 1999
Schedule 1 Persons exempt from requirement for permit
Insert after clause 4:
4A Possession and use of brass catchers by persons holding
firearms licence
The holder of a licence or permit under the Firearms Act 1996
is exempt from the requirement under the Act for a permit to
possess or use a prohibited weapon referred to in clause 4 (5)
of Schedule 1 to the Act, but only in relation to its use in
connection with a firearm to which the licence or permit under
the Firearms Act 1996 applies.
Page 17
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