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New South Wales
Weapons and Firearms Legislation
Amendment Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Weapons Prohibition Act 1998 No 127 3
Schedule 2 Amendment of Firearms Act 1996 No 46 18
Schedule 3 Amendment of other legislation 22
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, , 2010
New South Wales
Weapons and Firearms Legislation
Amendment Bill 2010
Act No , 2010
An Act to amend the Weapons Prohibition Act 1998 to make further provision with
respect to the regulation and control of certain weapons; to amend the Firearms Act
1996 in relation to imitation and antique firearms and certain other matters; 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.
Assistant Speaker of the Legislative Assembly.
Clause 1 Weapons and Firearms Legislation Amendment Bill 2010
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Weapons and Firearms Legislation Amendment
Act 2010.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Weapons and Firearms Legislation Amendment Bill 2010
Amendment of Weapons Prohibition Act 1998 No 127 Schedule 1
Schedule 1 Amendment of Weapons Prohibition Act
1998 No 127
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
military-style weapon means a prohibited weapon of a kind
referred to in clause 1A of Schedule 1.
[2] Section 7 Offence of unauthorised possession or use of prohibited
weapon
Omit the penalty at the end of section 7 (1). Insert instead:
Maximum penalty: imprisonment for 14 years.
[3] Section 10 Issuing of permit
Omit "as may be approved (either generally or in a particular case)" from
section 10 (2) (c).
Insert instead "as are imposed by or under this Act".
[4] Section 10 (3) (c)
Omit the paragraph. Insert instead:
(c) is subject to a good behaviour bond, whether entered into
in New South Wales or elsewhere, in relation to an offence
prescribed by the regulations, or
[5] Section 10 (3A) and (3B)
Insert after section 10 (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.
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).
[6] Section 10 (4)
Omit "The". Insert instead "Despite any other provision of this section, the".
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Weapons and Firearms Legislation Amendment Bill 2010
Schedule 1 Amendment of Weapons Prohibition Act 1998 No 127
[7] Section 10 (6)
Omit the subsection.
[8] Section 11 Genuine reason
Insert after the matter relating to the genuine reason of recreational/sporting
purposes in the Table to section 11 (2):
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.
[9] Section 11 (2), Table
Omit the matter relating to the genuine reason of weapons collection.
Insert instead:
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.
[10] Section 13 Form of permit
Omit section 13 (2) (a). Insert instead:
(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
[11] Section 14 Conditions of permit
Omit section 14 (1). Insert instead:
(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.
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Weapons and Firearms Legislation Amendment Bill 2010
Amendment of Weapons Prohibition Act 1998 No 127 Schedule 1
[12] Section 14 (3)
Omit the subsection.
[13] Section 16 Suspension of permit
Insert after section 16 (1):
(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.
[14] Section 18 Revocation of permit
Insert after section 18 (2):
(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.
[15] Section 19 Surrender and seizure of prohibited weapons when permit
suspended or revoked
Omit "suspended or revoked" wherever occurring.
Insert instead "suspended, revoked or otherwise ceases to be in force".
[16] Section 19 (3)
Insert after section 19 (2):
(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.
[17] Section 20 Weapons dealers and theatrical weapons armourers must
hold permit
Omit the penalty at the end of the section. Insert instead:
Maximum penalty: imprisonment for 7 years.
Page 5
Weapons and Firearms Legislation Amendment Bill 2010
Schedule 1 Amendment of Weapons Prohibition Act 1998 No 127
[18] Section 20A
Insert after section 20:
20A Record of sale of prohibited weapons
(1) An authorised weapons dealer or authorised theatrical weapons
armourer must ensure that the following particulars are recorded
in relation to each sale by the dealer or armourer of a prohibited
weapon to another person:
(a) the name and address of the other person,
(b) the number of the other person's permit authorising the
other person to possess the prohibited weapon,
(c) the date of the sale,
(d) a description of the prohibited weapon sold,
(e) in the case of the sale of a military-style weapon--the
serial number or other unique identifier (if available) of the
weapon,
(f) such other particulars as may be prescribed by the
regulations.
(2) An entry required to be made in a record concerning the sale of a
prohibited weapon must, subject to the regulations, be entered
within 24 hours of the sale occurring.
(3) A record must be made and kept in the approved form.
(4) If an authorised weapons dealer or authorised theatrical weapons
armourer ceases to hold a weapons dealer permit or theatrical
weapons armourer permit, the former dealer or armourer must
provide the Commissioner with a record of all sales during the
2 years immediately preceding the date on which the permit
ceased to be in force.
(5) A person who is required to ensure a record is kept or to keep a
record under this section, must, on demand made by a police
officer at any time:
(a) produce the record to that officer and permit that officer to
inspect and make copies of any entries in it, and
(b) produce to that officer all prohibited weapons in the
possession of that person, and
(c) furnish to that officer any information in that person's
possession with respect to any prohibited weapon that has
been manufactured, purchased or received under the
authority of the person's weapons dealer permit or
theatrical weapons armourer permit, or that the person has
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Weapons and Firearms Legislation Amendment Bill 2010
Amendment of Weapons Prohibition Act 1998 No 127 Schedule 1
in his or her possession or has sold or repaired under the
authority of the permit.
Maximum penalty: 50 penalty units.
[19] Section 23 Restrictions on purchase of prohibited weapons
Omit the penalty at the end of section 23 (1). Insert instead:
Maximum penalty: imprisonment for 5 years.
[20] Section 23 (3)
Omit the subsection.
[21] Sections 23A and 23B
Insert after section 23:
23A Restrictions on sale of prohibited weapons
(1) Prohibited weapons generally
A person (the seller) must not sell a prohibited weapon to another
person (the buyer) unless:
(a) the buyer is authorised to possess the weapon by a permit,
and
(b) the seller:
(i) has seen the buyer's permit, or
(ii) knows that the buyer is an authorised weapons
dealer or authorised theatrical weapons armourer.
Maximum penalty: imprisonment for 14 years.
(2) Military-style weapons
A person (the seller) must not sell a military-style weapon to
another person (the buyer) unless:
(a) the buyer is authorised to possess the weapon by a permit,
and
(b) the seller:
(i) has seen the buyer's permit, or
(ii) knows that the buyer is an authorised weapons
dealer or authorised theatrical weapons armourer.
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
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Schedule 1 Amendment of Weapons Prohibition Act 1998 No 127
guilty of the offence charged but guilty of the latter offence, and
the accused is liable to punishment accordingly.
23B Selling prohibited weapons on an ongoing basis
(1) Offences
A person must not contravene section 23A on 3 or more separate
occasions over any consecutive period of 12 months.
Maximum penalty: imprisonment for 20 years.
(2) Jury must be satisfied as to same 3 occasions of sale
If, on the trial of a person for an offence under this section, more
than 3 occasions of selling a prohibited weapon are relied on as
evidence of commission of the offence, the members of the jury
who return a guilty verdict must be satisfied as to at least 3 of the
same occasions of sale.
(3) Alternative verdict--relevant selling offence
If, on the trial of a person for an offence under this section, the
jury is not satisfied that the offence is proven but is satisfied that
the person has, in respect of any of the occasions relied on as
evidence of commission of the offence under this section,
committed a relevant selling offence, the jury may acquit the
person of the offence charged and find the person guilty of the
relevant selling offence, and the person is liable to punishment
accordingly.
(4) Double jeopardy provisions
A person who has been convicted of an offence under this section
is not liable to be convicted:
(a) of a relevant selling offence, or
(b) of a separate offence under this section,
on the same, or substantially the same, facts as those relied on as
evidence of commission of the offence in respect of which the
person has been convicted.
(5) A person who has been acquitted of an offence under this section
is not liable to be convicted:
(a) except as provided by subsection (3)--of a relevant selling
offence, or
(b) of a separate offence under this section,
on the same, or substantially the same, facts as those relied on as
evidence of commission of the offence in respect of which the
person has been acquitted.
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Amendment of Weapons Prohibition Act 1998 No 127 Schedule 1
(6) A person who has been:
(a) convicted of a relevant selling offence, or
(b) acquitted of a relevant selling offence,
is not liable to be convicted of an offence under this section on
the same, or substantially the same, facts as those relied on as
evidence of commission of the relevant selling offence.
(7) Liability for relevant selling offences not affected by offence
under this section
Subject to subsections (4) and (5), this section does not:
(a) remove the liability of any person to be convicted of a
relevant selling offence, or
(b) affect the punishment that may be imposed for any such
offence.
(8) Definition
In this section, relevant selling offence means any offence under
this Act (other than under this section) relating to the sale of a
prohibited weapon.
[22] Section 25A
Insert after section 25:
25A Unauthorised manufacture of prohibited weapons
(1) A person who manufactures a prohibited weapon is guilty of an
offence unless the person is authorised by a permit to
manufacture the weapon.
Maximum penalty: imprisonment for 14 years.
(2) A person who manufactures a military-style weapon is guilty of
an offence unless the person is authorised by a permit to
manufacture the weapon.
Maximum penalty: imprisonment for 20 years.
(3) Without limiting the operation of subsection (1) or (2), this
section applies to a person regardless of whether the prohibited
weapon concerned was manufactured in the course of carrying on
a business.
[23] Section 26 General requirement for safe keeping of prohibited weapons
Omit the section.
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Weapons and Firearms Legislation Amendment Bill 2010
Schedule 1 Amendment of Weapons Prohibition Act 1998 No 127
[24] Section 31 False or misleading documents
Omit the penalty at the end of the section. Insert instead:
Maximum penalty: imprisonment for 10 years.
[25] Part 4A
Insert after Part 4:
Part 4A Safe keeping of prohibited weapons
32A General requirement for safe keeping of prohibited weapons
A person who possesses a prohibited weapon must take all
reasonable precautions to ensure:
(a) its safe keeping, and
(b) that it is not stolen or lost, and
(c) that it does not come into the possession of a person who
is not authorised to possess the weapon.
Maximum penalty: 100 penalty units or imprisonment for
2 years, or both.
32B Level 1 requirements
(1) The holder of a permit in respect of a prohibited weapon that is
prescribed for the purposes of this section must comply with the
following requirements (each of which is a level 1 requirement):
(a) when any such weapon is not actually being used or
carried, it must be stored in a locked receptacle of a type
approved by the Commissioner and that is constructed of
hard wood or steel and not easily penetrable,
(b) if such a receptacle weighs less than 150 kilograms when
empty, it must be fixed in order to prevent its easy
removal,
(c) the locks of such a receptacle must be of solid metal and be
of a type approved by the Commissioner,
(d) such other requirements relating to security and safe
storage as may be prescribed by the regulations.
Maximum penalty: 20 penalty units or imprisonment for
6 months, or both.
(2) A permit holder does not have to comply with a level 1
requirement if the permit holder satisfies the Commissioner that
the permit holder has provided alternative arrangements for the
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Weapons and Firearms Legislation Amendment Bill 2010
Amendment of Weapons Prohibition Act 1998 No 127 Schedule 1
storage of prohibited weapons in the permit holder's possession
that are of a standard not less than the requirements set out in this
section.
(3) The Commissioner may, in such cases as the Commissioner
thinks fit, vary or modify a level 1 requirement in respect of its
application to a particular permit holder. Any such variation or
modification is to be imposed by way of a condition on the
relevant permit.
32C Level 2 requirements
(1) The holder of a permit in respect of a prohibited weapon that is
prescribed for the purposes of this section must comply with the
following requirements (each of which is a level 2 requirement):
(a) when any such weapon is not actually being used or
carried, it must be stored in a locked steel safe of a type
approved by the Commissioner and that cannot be easily
penetrated,
(b) such a safe must be bolted to the structure of the premises
where the weapon is authorised to be kept,
(c) such other requirements relating to security and safe
storage as may be prescribed by the regulations.
Maximum penalty: 50 penalty units or imprisonment for 1 year,
or both.
(2) A permit holder does not have to comply with a level 2
requirement if the permit holder satisfies the Commissioner that
the permit holder has provided alternative arrangements for the
storage of prohibited weapons in the permit holder's possession
that are of a standard not less than the requirements set out in this
section.
(3) The Commissioner may, in such cases as the Commissioner
thinks fit, vary or modify a level 2 requirement in respect of its
application to a particular permit holder. Any such variation or
modification is to be imposed by way of a condition on the
relevant permit.
32D Level 3 requirements
(1) The holder of a permit in respect of a military-style weapon, or
such other prohibited weapon prescribed for the purposes of this
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Weapons and Firearms Legislation Amendment Bill 2010
Schedule 1 Amendment of Weapons Prohibition Act 1998 No 127
section, must comply with the following requirements (each of
which is a level 3 requirement):
(a) when any such weapon is not actually being used or
carried, it must be stored in an area or room of a permanent
building that has secure locks on all entrances,
(b) the area or room of the building must have solid walls that
provide a substantial barrier to forced entry,
(c) any windows in the area or room must be covered by a
security screen,
(d) any doors to the area or room must be made of solid
material or be reinforced with steel,
(e) any such door must be fitted with a `dead latch' type lock
or with a hasp/barrel bolt and padlock,
(f) door hinges must be concealed or the hinge pins must be
welded to prevent them from being punched out,
(g) the weapon must be stored in the area or room in a locked
steel safe of a type approved by the Commissioner and that
cannot be easily penetrated,
(h) such a safe must be bolted to the structure of the area or
room where the weapon is authorised to be kept,
(i) such other requirements relating to security and safe
storage as may be prescribed by the regulations.
Maximum penalty: 100 penalty units or imprisonment for
2 years, or both.
(2) A permit holder does not have to comply with a level 3
requirement if the permit holder satisfies the Commissioner that
the permit holder has provided alternative arrangements for the
storage of prohibited weapons in the permit holder's possession
that are of a standard not less than the requirements set out in this
section.
(3) The Commissioner may, in such cases as the Commissioner
thinks fit, vary or modify a level 3 requirement in respect of its
application to a particular permit holder. Any such variation or
modification is to be imposed by way of a condition on the
relevant permit.
[26] Section 34 Effect of weapons prohibition order
Omit the penalty at the end of section 34 (1) and (3) wherever occurring.
Insert instead:
Maximum penalty: imprisonment for 10 years.
Page 12
Weapons and Firearms Legislation Amendment Bill 2010
Amendment of Weapons Prohibition Act 1998 No 127 Schedule 1
[27] Section 35 Review by Administrative Decisions Tribunal of certain
decisions
Insert at the end of the section:
(2) 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 refusal to
issue a permit, or the revocation or suspension of a permit, that
was made on the grounds referred to in section 10 (3A):
(a) Part 2 of Chapter 5,
(b) section 58.
(3) 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 10 (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.
[28] Section 43
Omit the section. Insert instead:
43 Proceedings for offences
(1) Except as provided by this section, proceedings for an offence
under this Act or the regulations may be disposed of summarily
before the Local Court.
(2) An offence under section 7, 20, 23 (1), 23A (1), 25A (1), 31 or 34
may be prosecuted on indictment. However, Chapter 5 of the
Criminal Procedure Act 1986 (which relates to the summary
disposal of certain indictable offences unless an election is made
to proceed on indictment) applies to and in respect of an offence
referred to in this subsection.
(3) An offence under section 23A (2), 23B or 25A (2) is to be
prosecuted on indictment only.
Page 13
Weapons and Firearms Legislation Amendment Bill 2010
Schedule 1 Amendment of Weapons Prohibition Act 1998 No 127
[29] Section 50 Regulations
Insert after section 50 (2) (d):
(d1) the approval of clubs, societies or organisations in relation
to the use or possession of prohibited weapons (including
requirements in relation to the membership of such clubs,
societies or organisations),
[30] Schedule 1 Prohibited weapons
Insert ", wholly or partly," after "can be fitted" in clause 1 (5).
[31] Schedule 1
Insert after clause 1:
1A Military-style weapons
(1) Any bomb, grenade, rocket, missile or mine or other similar
device (such as a tear-gas canister) that is in the nature of, or that
expels or contains, an explosive, incendiary, irritant, gas or
smoke, and whether or not it is live, has been deactivated or is
spent.
For the purposes of this subclause, bomb includes a device
known as an Improvised Explosive Device (or IED).
(2) Any device intended for use by a military or defence force and
that is designed to propel or launch a weapon referred to in
subclause (1).
(3) A flame thrower that is of military design or any other device
that is capable of projecting ignited incendiary fuel.
[32] Schedule 1, clause 2 (1)(3)
Omit the subclauses.
[33] Schedule 1, clause 2 (16)
Insert ", but not including any such article that is produced and identified as a
children's toy" after "independently of each other".
[34] Schedule 1, clause 2 (17)
Insert ", but not including any such article that is produced and identified as a
children's toy" after "permanently fixed".
Page 14
Weapons and Firearms Legislation Amendment Bill 2010
Amendment of Weapons Prohibition Act 1998 No 127 Schedule 1
[35] Schedule 1, clause 2 (18), (18A) and (18B)
Omit clause 2 (18). Insert instead:
(18) Any hand-held defence or anti-personnel device that is designed
to administer an electric shock on contact.
(18A) A Taser gun or other similar anti-personnel conducted energy
device.
(18B) A cartridge or similar device that is designed to propel probes or
prongs from a weapon referred to in subclause (18A).
[36] Schedule 1, clause 2 (19)
Omit "over the knuckles". Insert instead "over 2 or more knuckles".
[37] Schedule 1, clause 3 (Imitations, concealed blades etc)
Omit clause 3 (1). Insert instead:
(1) Any object that substantially duplicates in appearance a weapon
referred to in clause 1A (1), but not including an object that is
produced and identified as a children's toy.
[38] Schedule 1, clause 3 (2)
Omit the subclause.
[39] Schedule 1, clause 4 (1) and (2)
Omit the subclauses. Insert instead:
(1) Body armour vests (or other similar article) designed for
anti-ballistic purposes or similar purposes (such as protection
against electroshock or conducted energy devices) and to be worn
on (or to cover) any part of the body, but not including helmets or
anti-ballistic articles used to protect the eyes or ears.
(2) Handcuffs (including thumb and leg cuffs), being a set of
ring-shaped shackles of any material (and connected by any
means) that are designed to be worn on the wrists, thumbs or
ankles (as the case requires), but not including:
(a) antique handcuffs, or
(b) handcuffs produced and identified as children's toys, or
(c) handcuffs that are designed to be released by the wearer
(such as handcuffs used in theatrical productions).
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Weapons and Firearms Legislation Amendment Bill 2010
Schedule 1 Amendment of Weapons Prohibition Act 1998 No 127
[40] Schedule 1, clause 4 (4)
Omit the subclause. Insert instead:
(4) A detachable firearm magazine of any of the following kinds:
(a) a rimfire rifle magazine with a capacity of more than
15 rounds,
(b) a centre-fire self-loading rifle magazine with a capacity of
more than 5 rounds,
(c) a centre-fire rifle magazine (other than a self-loading rifle
magazine) with a capacity of more than 10 rounds,
(d) a shotgun magazine with a capacity of more than 5 rounds,
(e) a tubular magazine extension that is capable of extending
the capacity of any firearm,
(f) a pistol magazine with a capacity of more than 10 rounds,
(g) any magazine designed to be attached to any machine gun,
sub-machine gun or other firearm that is capable of
propelling projectiles in rapid succession following one
pressure of the trigger.
[41] Schedule 1, clause 4 (9)
Insert after clause 4 (8):
(9) Any device (regardless of its composition) that is designed to
propel or launch a bomb, grenade, rocket or missile by any means
other than by means of an explosive, including a device known as
a PVC cannon.
[42] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
Weapons and Firearms Legislation Amendment Act 2010
[43] Schedule 2, Part 4
Insert after Part 3:
Part 4 Provisions consequent on enactment of
Weapons and Firearms Legislation
Amendment Act 2010
9 Definition
In this Part, amending Act means the Weapons and Firearms
Legislation Amendment Act 2010.
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Weapons and Firearms Legislation Amendment Bill 2010
Amendment of Weapons Prohibition Act 1998 No 127 Schedule 1
10 Existing permits issued for weapons collection purposes
(1) The amendment made by Schedule 1 [9] to the amending Act
does not apply to or in respect of a permit that was in force
immediately before the commencement of that amendment.
(2) This clause ceases to have effect 6 months after the
commencement of the amendment made by Schedule 1 [9] to the
amending Act (or such later period as may be prescribed by the
regulations).
11 Existing permits may be revoked on grounds of risk to public
safety etc
Section 10 (3A), as inserted by Schedule 1 [5] to the amending
Act, extends to a permit that was in force immediately before the
commencement of that subsection.
Page 17
Weapons and Firearms Legislation Amendment Bill 2010
Schedule 2 Amendment of Firearms Act 1996 No 46
Schedule 2 Amendment of Firearms Act 1996 No 46
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
imitation firearm--see section 4D.
[2] Section 4D
Insert after section 4C:
4D Special provisions relating to imitation firearms
(1) This Act applies to an imitation firearm in the same way as it
applies to a firearm, subject to the following:
(a) the Commissioner may issue a permit, but not a licence,
authorising the possession or use of an imitation firearm,
(b) an imitation firearm is not required to be registered.
(2) For the purposes of the application (as provided by this section)
of this Act to imitation firearms:
(a) an imitation firearm that is an imitation of a pistol is taken
to be a pistol, and
(b) an imitation firearm that is an imitation of a prohibited
firearm is taken to be a prohibited firearm.
(3) In this section, imitation firearm means an object that, regardless
of its colour, weight or composition or the presence or absence of
any moveable parts, substantially duplicates in appearance a
firearm but that is not a firearm.
(4) However, an imitation firearm does not include any such object
that is produced and identified as a children's toy.
[3] Section 6A
Omit the section. Insert instead:
6A Exemption for certain firearms manufactured before 1900
(1) A person is exempt from any requirement under this Act to hold
a licence or permit in respect of the possession of an antique
firearm. However, the exemption provided by this subsection
does not extend to an antique revolver.
Note. A licence or permit will still be required to use any such firearm.
(2) An antique firearm is not required to be registered. Accordingly,
a person does not commit an offence under section 36 or 37 (2)
in relation to an antique firearm.
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Weapons and Firearms Legislation Amendment Bill 2010
Amendment of Firearms Act 1996 No 46 Schedule 2
(3) A permit under section 31 to acquire a firearm is not required in
the case of an antique firearm.
(4) Sections 50, 50AA, 51 and 51A do not apply in relation to the
sale or purchase of an antique firearm or a firearm part for an
antique firearm. However, the exemption provided by this
subsection does not extend to an antique revolver or a firearm
part for an antique revolver.
(5) Sections 50 (b) and 51 (1) (b) (ii) and (1A) (b) (ii) do not apply in
relation to the sale or purchase of an antique revolver.
(6) The possession of an antique firearm by a person in accordance
with an exemption under this section is taken not to be possession
for the purposes of section 51D.
(7) In this section:
antique firearm means any firearm manufactured before 1900
that:
(a) in the case of a firearm other than a pistol:
(i) is not capable of discharging breech-loaded metallic
cartridges, or
(ii) is a firearm the ammunition for which is determined
by the Commissioner to be ammunition that is not
commercially available, or
(b) in the case of a pistol--is not capable of discharging
breech-loaded metallic cartridges.
antique revolver means an antique firearm that is a percussion
lock pistol equipped with a revolving cylinder.
(8) Any determination by the Commissioner of the ammunition that
is not commercially available for the purposes of this section
must be published in the Gazette.
[4] Section 22 Suspension of licence
Insert after section 22 (1):
(1A) If a licence is being suspended because the Commissioner is
satisfied that there may be grounds for revoking the licence under
section 11 (5A), the notice suspending the licence is not required:
(a) to state the reasons for the suspension, or
(b) to include any request that the licensee provide the
Commissioner with reasons why the licence should not be
revoked.
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Weapons and Firearms Legislation Amendment Bill 2010
Schedule 2 Amendment of Firearms Act 1996 No 46
[5] Section 24 Revocation of licence
Insert after section 24 (2):
(2A) If the Commissioner revokes a licence because the licence holder
would be refused a licence on the grounds referred to in
section 11 (5A), the Commissioner is not, under this or any other
Act or law, required to give any reasons for revoking the licence
on those grounds.
[6] Section 25 Surrender and seizure of firearms when licence suspended or
revoked
Omit "suspended or revoked" wherever occurring.
Insert instead "suspended, revoked or otherwise ceases to be in force".
[7] Section 25 (3)
Insert after section 25 (2):
(3) This section does not apply in relation to a licence that has
expired if the authority conferred by the licence continues to have
effect (as provided by the regulations) pending the determination
of an application for a subsequent licence.
[8] Section 30 General provisions relating to permits
Omit "suspended or revoked" from section 30 (6) and (7), wherever occurring.
Insert instead "suspended, revoked or otherwise ceases to be in force".
[9] Section 30 (8)
Insert after section 30 (7):
(8) Subsections (6) and (7) do 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.
[10] Section 30 (8) and (9)
Insert after section 30 (7):
(8) If a permit is being suspended because the Commissioner is
satisfied that there may be grounds for revoking the permit under
section 11 (5A), 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.
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Weapons and Firearms Legislation Amendment Bill 2010
Amendment of Firearms Act 1996 No 46 Schedule 2
(9) If the Commissioner revokes a permit because the permit holder
would be refused a permit on the grounds referred to in
section 11 (5A), the Commissioner is not, under this or any other
Act or law, required to give any reasons for revoking the permit
on those grounds.
[11] Schedule 1 Prohibited firearms
Omit item 17.
[12] Schedule 3 Savings and transitional provisions
Insert after clause 1 (1) (f):
(g) the Weapons and Firearms Legislation Amendment
Act 2010, to the extent that it amends this Act.
[13] Schedule 3, Part 8
Insert after Part 7:
Part 8 Provisions consequent on enactment of
Weapons and Firearms Legislation
Amendment Act 2010
25 Definition
In this Part, amending Act means the Weapons and Firearms
Legislation Amendment Act 2010.
26 Existing permits for imitation firearms
A permit issued in respect of a prohibited weapon referred to in
clause 3 (2) of Schedule 1 to the Weapons Prohibition Act 1998
(as in force immediately before the repeal of that subclause by the
amending Act) is taken to be a permit issued in respect of an
imitation firearm under this Act and continues in force (unless it
is sooner suspended, revoked or otherwise ceases to be in force)
for the remainder of the term for which it was issued.
27 Existing determinations of ammunition considered not
commercially available
A determination by the Commissioner in respect of ammunition
that is not commercially available and made under section 6A (as
in force immediately before the substitution of that section by the
amending Act) is taken to be a determination made under
section 6A as so substituted.
Page 21
Weapons and Firearms Legislation Amendment Bill 2010
Schedule 3 Amendment of other legislation
Schedule 3 Amendment of other legislation
3.1 Bail Act 1978 No 161
Section 8B Presumption against bail for serious firearms and weapons
offences
Insert after section 8B (1) (c):
(d) an offence under section 7 of the Weapons Prohibition
Act 1998, being an offence that relates to a military-style
weapon,
(e) an offence under section 23A (2), 23B or 25A (2) of the
Weapons Prohibition Act 1998.
3.2 Casino Control Act 1992 No 15
Section 66 Approval of games and rules for games
Insert "or an imitation firearm," after "ammunition," in section 66 (4) (b) (ii).
3.3 Centennial Park and Moore Park Trust Regulation 2009
Clause 18 Recreational activities on Trust lands
Insert ", or imitation firearm," after "firearm" in clause 18 (k).
3.4 Children (Protection and Parental Responsibility) Act 1997
No 78
Section 29 Removal of concealed weapons
Omit paragraph (a) of the definition of weapon in section 29 (2). Insert instead:
(a) a firearm, or an imitation firearm, within the meaning of
the Firearms Act 1996, or
3.5 Commercial Agents and Private Inquiry Agents Act 2004
No 70
Section 4 Definitions
Insert "or imitation firearm (within the meaning of the Firearms Act 1996)"
after "firearm" in paragraph (b) of the definition of major offence in
section 4 (1).
Page 22
Weapons and Firearms Legislation Amendment Bill 2010
Amendment of other legislation Schedule 3
3.6 Commons Management Regulation 2006
Schedule 1 Model by-law
Insert "or imitation firearm" after "firearm" in clause 4 (a) of the Schedule.
3.7 Court Security Act 2005 No 1
[1] Section 4 Definitions
Omit paragraph (b) of the definition of restricted item in section 4 (1).
Insert instead:
(b) a firearm, or an imitation firearm, within the meaning of
the Firearms Act 1996,
[2] Section 8 Possession of restricted items in court premises
Insert ", or an imitation firearm," after "firearm" in paragraph (a) of the
penalty at the end of section 8 (1).
3.8 Crimes Act 1900 No 40
[1] Section 4 Definitions
Omit paragraph (a) of the definition of Dangerous weapon in section 4 (1).
Insert instead:
(a) a firearm, or an imitation firearm, within the meaning of
the Firearms Act 1996, or
[2] Section 93F Interpretation
Insert ", imitation firearm" after "firearm" where firstly occurring in
section 93F (1).
[3] Section 154D Stealing firearms
Omit the definition of firearm from section 154D (2). Insert instead:
firearm has the same meaning as in the Firearms Act 1996, and
includes an imitation firearm within the meaning of that Act.
[4] Section 207 Placing etc dangerous articles on board an aircraft or vessel
Insert after section 207 (3):
(4) A reference in this section to a firearm includes a reference to an
imitation firearm within the meaning of the Firearms Act 1996.
Page 23
Weapons and Firearms Legislation Amendment Bill 2010
Schedule 3 Amendment of other legislation
3.9 Crimes (Criminal Organisations Control) Act 2009 No 6
Section 27 Prohibition on carrying on of certain activities when interim
control order or control order takes effect
Insert ", or an imitation firearm," after "firearm" in paragraph (e) of the
definition of prescribed activity in section 27 (6).
3.10 Crimes (Sentencing Procedure) Act 1999 No 92
Section 76 Home detention not available for certain offences
Insert ", or an imitation firearm, within the meaning of the Firearms Act 1996"
after "firearm" in section 76 (d).
3.11 Criminal Procedure Act 1986 No 209
[1] Section 268 Maximum penalties for Table 2 offences
Insert after section 268 (2) (e1):
(e2) for an offence under section 7, 20, 23 (1), 23A (1), 25A (1),
31 or 34 of the Weapons Prohibition Act 1998--
imprisonment for 2 years, or a fine of 100 penalty units, or
both,
[2] Section 348 Offences in respect of which an intervention program may
be conducted
Insert ", or an imitation firearm, within the meaning of the Firearms Act 1996"
after "firearm" in section 348 (2) (e).
[3] Schedule 1 Indictable offences triable summarily
Omit clause 8 from Table 2. Insert instead:
8 Weapons Prohibition Act 1998
An offence under section 7, 20, 23 (1), 23A (1), 25A (1), 31 or 34
of the Weapons Prohibition Act 1998.
3.12 Crown Lands (General Reserves) By-law 2006
Clause 21 Regulation of conduct in reserve
Insert ", or an imitation firearm," after "firearm" in clause 21 (2) (u).
Page 24
Weapons and Firearms Legislation Amendment Bill 2010
Amendment of other legislation Schedule 3
3.13 Crown Lands Regulation 2006
Clause 46 Unauthorised activities on public land
Insert ", or an imitation firearm," after "firearm" in clause 46 (1) (u).
3.14 Firearms Regulation 2006
[1] Clauses 116 and 116A
Omit the clauses.
[2] Clause 119 Exemption relating to imitations and replicas of firearms
Omit the clause.
3.15 Law Enforcement (Powers and Responsibilities) Act 2002
No 103
[1] Section 3 Interpretation
Omit the definition of firearm from section 3 (1). Insert instead:
firearm has the same meaning as it has in the Firearms Act 1996,
and includes an imitation firearm within the meaning of that Act.
[2] Section 46A Searchable offences
Insert ", an imitation firearm" after "firearm" in the definition of firearms or
prohibited weapons offence in section 46A (2).
3.16 Lotteries and Art Unions Act 1901 No 34
Section 2A Definitions
Insert "or an imitation firearm," after "ammunition," in paragraph (b) of the
definition of prohibited prize in section 2A (1).
3.17 National Parks and Wildlife Act 1974 No 80
Section 166 Definition of "article" for secs 164 and 165
Insert at the end of the section:
(2) A reference in this section to a firearm includes a reference to an
imitation firearm within the meaning of the Firearms Act 1996.
Page 25
Weapons and Firearms Legislation Amendment Bill 2010
Schedule 3 Amendment of other legislation
3.18 National Parks and Wildlife Regulation 2009
Clause 20 Weapons
Insert ", or imitation firearm," after "firearm" in clause 20 (1) (a).
3.19 Parramatta Park Trust Regulation 2007
Clause 17 Recreational activities on trust lands
Insert "or imitation firearm" after "firearm" in clause 17 (k).
3.20 Road Transport (Driver Licensing) Act 1998 No 99
[1] Section 39 Photographs to which this Part applies
Omit section 39 (c). Insert instead:
(c) photographs in the possession of the Authority that were
taken or provided for the purpose of applications for the
issue or renewal by the Commissioner of Police of the
following:
(i) a licence or permit under the Firearms Act 1996,
(ii) a licence under the Security Industry Act 1997,
(iii) a permit under the Weapons Prohibition Act 1998.
[2] Section 40 Purposes for which photographs may be kept and used
Omit section 40 (1) (a). Insert instead:
(a) to reproduce the likeness of a person on a driver licence or
on the following:
(i) a licence or permit under the Firearms Act 1996,
(ii) a licence under the Security Industry Act 1997,
(iii) a permit under the Weapons Prohibition Act 1998,
[3] Section 41 Release of photographs prohibited
Omit section 41 (1) (c) (iii). Insert instead:
(iii) in relation to a licence or permit under the Firearms
Act 1996, a licence under the Security Industry Act 1997 or
a permit under the Weapons Prohibition Act 1998, or
Page 26
Weapons and Firearms Legislation Amendment Bill 2010
Amendment of other legislation Schedule 3
3.21 Road Transport (Driver Licensing) Regulation 2008
[1] Clause 108A Keeping and use of photographs: use of facial recognition
technology
Insert "or permit" after "licence" in paragraph (d) of the definition of relevant
permit in clause 108A (2).
[2] Clause 108A (2), definition of "relevant permit"
Insert after paragraph (e) of the definition:
(e1) a permit under the Weapons Prohibition Act 1998,
3.22 Sydney Harbour Foreshore Authority Regulation 2006
Clause 4 Commercial and other activities
Insert "or imitation firearm within the meaning of the Firearms Act 1996"
after "firearm" in clause 4 (1) (p).
3.23 Sydney Olympic Park Authority Regulation 2007
Clause 4 Commercial and other activities
Insert "or imitation firearm" after "firearm" in clause 4 (v).
3.24 Sydney Water Catchment Management Regulation 2008
Clause 23 Certain conduct prohibited on Schedule 1 land and
Schedule 2 land
Insert "or imitation firearm (within the meaning of the Firearms Act 1996)"
after "firearm" in clause 23 (2) (c).
3.25 Sydney Water Regulation 2006
Clause 23 Certain conduct prohibited
Omit "firearm or prohibited weapon" from clause 23 (1) (c).
Insert instead "firearm or imitation firearm (within the meaning of the
Firearms Act 1996) or prohibited weapon (within the meaning of the Weapons
Prohibition Act 1998)".
3.26 Tow Truck Industry Regulation 2008
[1] Clause 7 Offences that disqualify applicants for licences
Insert "or imitation firearm (within the meaning of the Firearms Act 1996)"
after "firearm" in clause 7 (1) (b).
Page 27
Weapons and Firearms Legislation Amendment Bill 2010
Schedule 3 Amendment of other legislation
[2] Clause 16 Offences that disqualify applicants for drivers certificates
Insert "or imitation firearm (within the meaning of the Firearms Act 1996)"
after "firearm" in clause 16 (1) (b).
3.27 Water Management (Water Supply Authorities) Regulation
2004
Clause 76 Prohibited conduct
Insert ", imitation firearm" after "firearm" in clause 76 (i).
3.28 Wellington Showground By-law 1987
Clause 10 Regulation of conduct within the land
Omit "firearm or prohibited weapon within the meaning of the Firearms and
Dangerous Weapons Act 1973" from clause 10 (1) (k).
Insert instead "firearm or imitation firearm (within the meaning of the
Firearms Act 1996) or prohibited weapon (within the meaning of the Weapons
Prohibition Act 1998)".
Page 28
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