WEAPONS PROHIBITION ACT 1998 - SECT 6
Application of Act
WEAPONS PROHIBITION ACT 1998 - SECT 6
Application of Act
6 Application of Act
(1) This Act binds the Crown in right of New South Wales and, so far as the
legislative power of Parliament permits, the Crown in all its other capacities
(except as otherwise provided by this section).
(2) A person is not guilty of
an offence under this Act or the regulations only because of something done by
the person while acting in the ordinary course of the person's duties--
(a) as
a police officer (or as a student police officer), or
(a1) as a special
constable within the meaning of section 82L of the Police Act 1990who is
exercising functions of a police officer, or
(b) as a correctional officer
employed in the Department of Corrective Services, or
(c) as a member of the
police force, or as a custodial officer (however described), of the
Commonwealth or of another State or Territory, or
(d) as a member of the
armed forces of the Commonwealth, or of any government that is allied or
associated with the Commonwealth in any war or joint military exercise in
which the Commonwealth is engaged.
(3) A person is not guilty of an offence
under Part 2 only because of possessing a prohibited weapon--
(a) that is
being conveyed or stored in the ordinary course of the person's duties in the
business of a carrier or warehouse operator, or
(b) that has been seized by
the person, under the authority of any Act or other law, in the course of the
person's duties as an employee or officer of a government agency or public
authority, or
(c) while acting in the ordinary course of the person's duties
as a member (other than a police officer) of the NSW Police Force.
(4) The
regulations may exempt any person or class of persons from the operation of
any provision or requirement of this Act in such circumstances, and subject to
such conditions, as may be specified in the regulations. Any such regulation
may create offences in relation to a failure to comply with a condition
prescribed in relation to an exemption.