WEAPONS PROHIBITION ACT 1998 - SCHEDULE 2

WEAPONS PROHIBITION ACT 1998 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 51)

Part 1 - Preliminary

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--

this Act

Firearms Amendment (Prohibited Pistols) Act 2003 , to the extent that it amends this Act

Weapons and Firearms Legislation Amendment Act 2010

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from 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.

Part 2 - Provisions consequent on enactment of this Act

2 Definitions

(1) In this Part--


"existing permit" means a permit--

(a) that was issued under the former Act, and

(b) that was in force immediately before the repeal of the former Act by this Act.

"former Act" means the Prohibited Weapons Act 1989 as in force immediately before its repeal by this Act.

(2) For the purposes of this Part, a person is taken to have
"acquired" a prohibited weapon if the person has purchased, accepted or received, or otherwise taken possession of, the weapon.

3 Temporary amnesty for surrendering existing prohibited weapons

(1) This clause applies to any person who--

(a) acquired a prohibited weapon (other than a prohibited weapon to which clause 4 applies) before the commencement of this clause, and

(b) is not the holder of a permit under this Act authorising the person to possess the weapon.

(2) Subject to the regulations, a person to whom this clause applies is exempt from the requirement under Part 2 of this Act to hold a permit authorising possession of the prohibited weapon, but only for the purpose of--

(a) surrendering the prohibited weapon to any member of the Police Service in accordance with such directions as are issued by the Commissioner, or

(b) proceeding to a police station (or such other place nominated by the Commissioner) for the purposes of surrendering the prohibited weapon.

(3) However, nothing in this clause authorises any such person to use a prohibited weapon without the authority of a permit.

(4) This clause ceases to have effect 3 months after the commencement of this clause (or such later period as may be prescribed by the regulations).

4 Amnesty concerning certain things that have become prohibited weapons

(1) This clause applies to a prohibited weapon referred to in clause 1 (2) or 2 (3) or (24) of Schedule 1.

(2) Subject to the regulations, any person who--

(a) acquired a prohibited weapon to which this clause applies before the commencement of this clause, and

(b) is not the holder of a permit under this Act authorising the person to possess the weapon,

does not commit an offence under section 7 of this Act in respect of the possession of that weapon.

(3) However, nothing in this clause authorises any such person to use a prohibited weapon to which this clause applies without the authority of a permit.

(4) This clause ceases to have effect 6 months after the commencement of this clause (or such later period as may be prescribed by the regulations).

5 Saving of existing permits

(1) Subject to the regulations, an existing permit that authorised the possession or use of a prohibited weapon--

(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 suspended or revoked in accordance with this Act or otherwise ceases to be in force) to authorise the possession or use of the weapon in respect of which it was issued for a period of 12 months from the commencement of this clause or for such longer period as may be prescribed by the regulations.

(2) The conditions to which an 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 varied or revoked in accordance with this Act.

6 Pending applications

An application for a permit made under the former Act that was not finally determined before the repeal of the former Act by this Act is void and does not have any operation with respect to this Act.

7 References to prohibited weapons and articles

A reference in any Act (other than this Act) or statutory instrument to a prohibited weapon or a prohibited article within the meaning of the former Act is to be read as a reference to a prohibited weapon within the meaning of this Act.

Part 3 - Provisions consequent on enactment of Firearms Amendment (Prohibited Pistols) Act 2003

8 Amnesty for pistol magazines with a capacity of more than 10 rounds

(1) This clause applies to a prohibited weapon referred to in clause 4 (4) (e) of Schedule 1.

(2) A person who is the holder of a category H (sport/target shooting) licence under the Firearms Act 1996 does not commit an offence under section 7 of this Act in respect of the possession of a prohibited weapon to which this clause applies acquired by the person before the buyback period.

(3) Subclause (2) ceases to have effect in relation to any such person once the buyback period ends.

(4) Nothing in this clause authorises a person to use a prohibited weapon to which this clause applies (including fitting the prohibited weapon to a pistol).

(5) In this clause--


"buyback period" has the same meaning as in section 78 of the Firearms Act 1996 (as substituted by the Firearms Amendment (Prohibited Pistols) Act 2003 .

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 .

10 Existing permits issued for weapons collection purposes

(1) The amendment made by Schedule 1 [9[#93] 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[#93] 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[#93] to the amending Act, extends to a permit that was in force immediately before the commencement of that subsection.

Part 5 - Provisions consequent on enactment of Justice Legislation Amendment Act (No 2) 2019

12 Application of eligibility amendments

(1) This clause applies to the amendments made to section 10(3) of this Act and clause 5 of the Weapons Prohibition Regulation 2017 by the Justice Legislation Amendment Act (No 2) 2019 (the
"eligibility amendments" ).

(2) Any permit that would have been validly issued or not issued during the transitional period if the eligibility amendments had been in force at the relevant time is taken to have been validly issued or not issued (as the case requires).

(3) Subclause (2) does not affect the validity of any decision made during the transitional period to issue or refuse to issue a permit if the decision would have been valid even without the eligibility amendments.

(4) To avoid doubt, the eligibility amendments extend to an application for a permit made, but not finally determined, before the commencement of this clause.

(5) In this clause--


"transitional period" means the period commencing on 24 September 2018 and ending immediately before the day this clause commences.

Note : The Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 commenced on 24 September 2018. It included transitional provisions that converted good behaviour bonds into community correction orders and conditional release orders.