New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 91)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and any of the following Acts:(a) the Firearms Amendment Act 1996 ,(b) the Firearms Amendment (Trafficking) Act 2001 ,(c) the Firearms Amendment (Public Safety) Act 2002 ,(d) the Firearms Amendment (Prohibited Pistols) Act 2003 ,(e) the Firearms and Crimes Legislation Amendment (Public Safety) Act 2003 , to the extent that it amends this Act,(f) the Firearms Amendment Act 2008 ,(g) the Weapons and Firearms Legislation Amendment Act 2010 , to the extent that it amends this Act,(h) Firearms Legislation Amendment Act 2010 .
(2) Any such savings or transitional provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later day.
(3) To the extent to which any such savings or transitional provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part:
"existing licence" means a licence:
(a) that was issued under a provision of the former Act (being a provision that has been repealed by this Act), and
(b) that was in force immediately before the provision was repealed."existing permit" means a permit:
(a) that was issued under a provision of the Firearms Regulation 1990 (being a provision that has been repealed by this Act), and
(b) that was in force immediately before the provision was repealed."former Act" means the Firearms Act 1989 .
(cf APMC 11)
(1) This clause applies to the following kinds of prohibited firearms:(a) self-loading rimfire or centre-fire rifles,(b) self-loading or pump action shotguns,(c) such other prohibited firearms as may be prescribed by the regulations.
(2) Subject to the regulations, any person who:(a) acquired a firearm to which this clause applies before the commencement of this clause, and(b) is not the holder of a licence or permit under this Act authorising the person to possess the firearm,does not, during the period of 12 months starting on the commencement of this clause, commit an offence under section 7 of this Act in respect of the possession of that firearm.
(3) However, nothing in this clause authorises any such person to use a firearm to which this clause applies without the authority of a licence.
(1) Subject to the regulations and to this clause, an existing licence that authorised the possession or use of a firearm:(a) is taken to be a licence of the corresponding kind (as determined by the Commissioner) issued under this Act, and(b) continues to authorise the possession or use of the firearm in respect of which it was issued for the period of 12 months from the commencement of this clause (unless its term expires during that period or it is sooner surrendered or revoked in accordance with this Act).
(2) Except as provided by subclauses (3) and (4), nothing in this clause authorises a person, under the authority of any such existing licence, to continue to use a prohibited firearm.
(3) A person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production, may, during the 12 month period referred to in subclause (1) (b), continue to use (under the authority of an existing licence) a prohibited firearm of a kind to which a category C licence applies.
(4) A person referred to in paragraph (a) or (b) of the genuine reason of vertebrate pest animal control in the Table to section 12 of this Act may, during the 12 month period referred to in subclause (1) (b), continue to use (under the authority of an existing licence) a prohibited firearm of a kind to which a category D licence applies.
Subject to the regulations, an existing permit:
(a) is taken to be a permit of the corresponding kind (as determined by the Commissioner) issued under this Act, and
(b) continues, unless it is sooner surrendered or cancelled, in force for the unexpired portion (if any) of its term or until the end of the period of 12 months starting at the commencement of this clause (whichever is sooner).
(1) Any permit issued under the Prohibited Weapons Act 1989 authorising the possession or use of a prohibited firearm and in force immediately before the commencement of this clause:(a) is taken to be a permit of the corresponding kind (as determined by the Commissioner) issued under this Act, and(b) continues to authorise the possession of the firearm in respect of which it was issued for the period of 12 months from the commencement of this clause (unless its term expires during that period or it is sooner surrendered or revoked in accordance with this Act).
(2) However, nothing in this clause authorises the use of any such prohibited firearm.
The conditions to which an existing licence or existing permit is subject are, subject to the regulations, taken to be conditions imposed by the Commissioner under this Act, and any such condition may be changed or revoked in accordance with this Act.
Subject to the regulations, an applicant for a licence under this Act who has passed a firearms safety awareness course or a firearms safety test approved under clause 79 of the Firearms Regulation 1990 (as in force immediately before the repeal of that clause by this Act), is not required to complete any firearms training and safety course (as referred to in section 11 (3) (b) of this Act) before being issued with the licence.
Any application made under a repealed provision of the former Act or the Firearms Regulation 1990 that was not finally determined before the repeal of the provision by this Act is cancelled and does not have any operation with respect to this Act.
An appeal under Part 5 of the former Act that was pending immediately before the repeal of that Part by this Act is taken to have been made under Part 8 of this Act, except if it relates to a prohibited firearm.
A firearms prohibition order that was made under section 39 of the former Act, and in force immediately before the repeal of that section by this Act, is taken to be a firearms prohibition order under this Act.
Except as provided by the regulations, a reference in any instrument (other than this Act or the regulations) to any provision of the Firearms Act 1989 , or the Firearms Regulation 1990 , is to be read as a reference to the corresponding provision of this Act, or the regulations made under this Act, respectively.
(1) Section 17B extends to an application for a licence that was made, but not finally determined, before the commencement of that section.
(2) Section 44 (1), as substituted by the Firearms Amendment (Trafficking) Act 2001 , does not apply in respect of an application made before the commencement of that subsection.
(3) Section 44 (2), as substituted by the Firearms Amendment (Trafficking) Act 2001 , does not apply to the holder of a licence in force at the commencement of that subsection.
(4) Section 44 (3) extends to the holder of a licence in force at the commencement of that subsection.
Section 84 (3) does not apply in respect of an offence committed before the commencement of that subsection.
Section 51B does not apply in respect of a sale of a firearm that took place before the commencement of that section.
(1) Subject to the regulations, a person who acquired a firearm frame or receiver before the commencement of this clause that is not registered under Part 3 (as applied by section 93) does not, during the period of 6 months starting on the commencement of this clause, commit an offence under section 36 by possessing, purchasing or selling the frame or receiver.
(2) However, subclause (1) only operates in respect of the sale or purchase of an unregistered firearm frame or receiver if:(a) the person purchasing the frame or receiver is a licensed firearms dealer, or(b) the transaction has, in accordance with the regulations, been arranged through a licensed firearms dealer, or(c) in any case where a licensed firearms dealer is not (as determined by the regulations) reasonably available, the transaction is witnessed by a police officer authorised by the Commissioner.
(3) A person who is the holder of a licence or permit and who applies, on or before the expiry of the 6-month period referred to in subclause (1), for the registration of a firearm frame or receiver does not commit an offence under section 36 in respect of the possession of an unregistered firearm frame or receiver that is capable of forming part of a firearm to which the licence or permit relates before the person is notified of the registration or refusal of registration of the firearm or receiver.
(4) If, after the expiry of the 6-month period referred to in subclause (1), a person who applied for the registration of an unregistered firearm frame or receiver before the expiry of that period is notified that the application has been refused, the person must immediately surrender the frame or receiver to a police officer.Maximum penalty (subclause (4)): 50 penalty units or imprisonment for 12 months, or both.
(5) A person does not contravene any other provision of this Act just by surrendering a firearm frame or receiver in accordance with subclause (4).
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.
(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.
(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.
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.
(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 or 7A 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 or 7A 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.
(1) This clause applies to a pistol fitted with a magazine that has a capacity of more than 10 rounds.
(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.
For the purposes of section 51B (as amended by Schedule 2 [2] to the Firearms and Crimes Legislation Amendment (Public Safety) Act 2003 ), a consecutive period of 12 months may include a period part of which occurs before the commencement of that amendment so long as that part period does not exceed 30 days.
(1) In this clause:
"existing permit" means a theatrical armourer’s permit issued under the Firearms Regulation 2006 and in force immediately before the commencement of this clause.
(2) An existing permit is taken to be a firearms dealer licence issued under this Act authorising the licence holder to carry on business as a theatrical armourer.
(3) The conditions to which the existing permit was subject are taken to be conditions imposed on the firearms dealer licence concerned. Any such conditions may be varied or revoked in accordance with this Act.
(4) Any such licence continues in force, unless it is sooner surrendered or revoked under this Act, for the remainder of the term for which the existing permit was issued.
In this Part, "amending Act" means the Weapons and Firearms Legislation Amendment Act 2010 .
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.
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.