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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
The underlying principles of this Bill are:
(a)
to confirm that the possession and use of prohibited weapons is a
privilege that is condltional on the overriding need to ensure public
safety. and
(b)
to improve public safety by imposing strict controls on the possession
and use of prohibited weapons.
The specific objects of this Bill are as follows:
(a)
to require each person who possesses or uses a prohibited weapon
under the authority of a permit to have a genuine reason for possessing
or using the weapon.
(b)
to provide strict requirements that must be satisfied in relation to the
possession and use of prohibited weapons.
(c)
to provide an amnesty period to enable the surrender of prohibited
weapons.
* Amended in committee--see table at end of volume.
Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 sets out the principles and objects of the proposed Act (as stated in
the above overview).
Clause 4 defines certain words and expressions used in the proposed Act.
The term prohibited weapon is defined to mean anything described in
Schedule 1 to the proposed Act, and Commissioner refers to the
Commissioner of Police who will be the regulatory authority under the
proposed Act.
Clause 5 enables the list of prohibited weapons in Schedule 1 to the
proposed Act to be amended by the regulations.
Clause 6 provides that the proposed Act will bind the Crown. but will not
apply to certain classes of persons (eg police officers and military personnel).
Part 2
Permits for prohibited weapons
Division 1
Requirement for permit
Clause 7 requires any person who possesses or uses a prohibited weapon to
be authorised by a permit under the proposed Act. The unauthorised
possession or use of a prohibited weapon by a person includes possessing or
using a weapon for any purpose otherwise than in connection with the
person's genuine reason for possessing or using the weapon.
Division 2
Permit scheme
Clause 8 sets out the permit categories and specifies the authority that the
permit confers. The permit categories are general permits. weapons dealer
permits and theatrical weapons armourers permits. The regulations may
provide for different types of general permits.
Clause 9 provides for the making of applications for permits.
Explanatory note page 2
Clause 10 provides for the issuing of permits by the Commissioner, and
specifies the mandatory and discretionary grounds for refusing a permit
application.
Clause 11 requires the applicant for a permit to have a genuine reason for
possessing or using a prohibited weapon before a permit can be issued to the
applicant.
Clause 12 requires a person to notify the Commissioner when such a
genuine reason ceases to exist.
Clause 13 provides for the form of permits and the particulars to be
specified.
Clause 14 provides for the conditions to which a permit is subject.
Clause 15 provides that the term of a permit is 5 years (or less if specified in
the permit).
Clause 16 enables the Commissioner to suspend a permit.
Clause 17 provides for the automatic suspension of a permit on the making
of an interim apprehended violence order against the permit holder.
Clause 18 enables the Commissioner to revoke a permit on certain grounds
(eg for any reason for which the holder would have been refused a permit in
the first place). A permit is automatically revoked on the making of an
apprehended violence order against the permit holder.
Clause 19 provides that, as a consequence of the suspension or revocation
of a permit. any prohibited weapon in the person's possession must be
surrendered to a police officer.
Part 3 Weapons dealers and
theatrical weapons
armourers--special provisions
Clause 20 requires a weapons dealer who carries on a business as such to
hold a weapons dealer permit. and requires a theatrical weapons armourer (ie
a person who manufactures. buys or sells prohibited weapons for use in
connection with cinematographic. television or theatrical productions) who
carries on a business as such to hold a theatrical armourers weapons permit.
Clause 21 requires weapons dealers and theatrical weapons armourers.
before they take possession of a prohibited weapon from any person for the
purposes of repairing or testing it. to sight the person's permit.
Clause 22 requires weapons dealers and theatrical weapons armourers to
ensure the security of displayed prohibited weapons.
Explanatory note page 3
Part 4
Miscellaneous offences
Clause 23 makes it an offence for a person to buy a prohibited weapon
without a permit that authorises the person to possess the weapon, makes it
an offence for a person to buy a prohibited weapon from an unauthorised
seller, and makes it an offence to sell a prohibited weapon to an unauthorised
buyer.
Clause 24 prohibits the sending of prohibited weapons by. or to, persons
who are not authorised to possess them.
Clause 25 requires any advertisement for the sale of a prohibited weapon to
state that a permit is needed for the prohibited weapon and to specify the
relevant permit number of the seller.
Clause 26 provides that reasonable precautions must be taken to ensure the
safe keeping of prohibited weapons.
Clause 27 provides for the on-the-spot inspection of prohibited weapons by
an authorised officer or police officer.
Clause 28 requires unauthorised persons to surrender prohibited weapons
that come into their possession.
Clause 29 requires permit holders to produce their permits when requested
by an authorised officer or police officer.
Clause 30 requires a permit holder to notify the Commissioner of any
change in the particulars specified in the permit.
Clause 31 prohibits the making of false or misleading statements in
applications for permits.
Clause 32 prohibits the misuse of a permit (including the false
representation by a person that he or she is the holder of a permit).
Part 5
Weapons prohibition orders
Clause 33 enables the Commissioner to make an order prohibiting a person
from possessing a prohibited weapon if it is not in the public interest for the
person to have a prohibited weapon.
Clause 34 provides that it is an offence to possess a prohibited weapon in
contravention of such an order. It will also be an offence to sell or transfer
prohibited weapon to another person knowing that the other person is subject
to a weapons prohibition order.
Explanatory note page 4
Part 6
Miscellaneous provisions
Clause 35 confers jurisdiction on the Administrative Decisions Tribunal to
review decisions of the Commissioner under the proposed Act that relate to
permits.
Clause 36 allows interstate transactions between authorised persons.
Clause 37 requires the Commissioner to keep a register of permits.
Clause 38 enables medical and other health practitioners to disclose
opinions about patients who are not suitable to have prohibited weapons.
Clause 39 allows a police officer to seize prohibited weapons that are
connected with an offence under the proposed Act.
Clause 40 deals with the disposal of surrendered or seized firearms. and
enables the Local Court to order that such weapons are to be sold on behalf
of the owner concerned.
Clause 41 enables the Commissioner to delegate functions under the
proposed Act to police officers and other authorised persons.
Clause 42 provides that certain offences under the proposed Act and the
regulations may be dealt with by way of penalty notices (ie "on-the-spot"
infringement notices).
Clause 43 provides for the manner in which proceedings for offences under
the proposed Act are to be dealt with.
Clause 44 requires an information for an offence to be laid within 2 years of
the date on which the offence is alleged to have been committed.
Clause 45 provides for parents to also be liable for offences that are
committed by children or young persons.
Clause 46 makes directors of corporations liable for offences under the
proposed Act that are committed by corporations.
Clause 47 provides for the service of notices under the proposed Act.
Clause 48 provides for certificate evidence in relation to certain matters
under the proposed Act.
Clause 49 requires an authorised officer (ie non-police officers who have
certain inspection powers under the proposed Act) to produce his or her
identification if required to do so.
Explanatory note page 5
Clause 50 empowers the making of regulations for the purposes of the
proposed Act.
Clause 51 gives effect to the Schedule of savings and transitional
provisions.
Clause 52 repeals the Prohibited Weapons Act 1989 and the Prohibited
Weapons Regulation 1997.
Clause 53 gives effect to the Schedule of consequential amendments to
other Acts.
Clause 54 provides for a review of the proposed Act after 5 years.
Schedules
Schedule 1 contains a list of things that are prohibited weapons.
Schedule 2 contains savings and transitional provisions. including a power to
make regulations of a savings or transitional nature consequent on the
enactment of the proposed Act. Special provision is made for a 3-month
amnesty in relation to the unauthorised possession of prohibited weapons for
the purposes of surrendering such weapons. A 6-month amnesty is provided
in relation to the possession of certain prohibited weapons that were not
prohibited weapons under the former Act. Existing permits will be continued
under the proposed Act for a limited period to enable the new regime to be
phased in.
Schedule 3 contains amendments to other Acts that are consequential on the
enactment of the proposed Act.
Explanatory note page 6