New South Wales Consolidated Regulations

FIREARMS REGULATION 2006 - REG 26

26 Licences or permits held by government agencies and their employees

(cf 1997 cl 24)

(1) If a licence or permit is held by a government agency authorising the agency to possess firearms, and persons who are authorised by separate licences or permits to possess or use firearms for business or employment purposes are employed in or by the agency, the agency (or its chief executive officer) must:

(a) except as provided by this clause, keep in safe storage all firearms authorised to be possessed by those employees when they are not on duty, and

(b) in addition to the requirements set out in Part 4 of the Act, ensure that any firearm required to be kept in safe storage is secured in such a manner as would reasonably prevent its removal otherwise than by an authorised employee, and

(c) must not allow any firearm in the agency’s possession (including any firearms that have been acquired by the agency) to be possessed or used by an employee who is not authorised to possess or use the firearm by a licence or permit issued to the employee, and

(d) must notify the Commissioner in writing within 7 days if any employee (unless employed on a casual basis) who is the holder of a licence or permit authorising possession or use of a firearm ceases to be employed in or by the agency, and

(e) ensure that each firearm in respect of which each employee holds a licence or permit is inspected once every 3 months by some competent person to ascertain its working condition, and

(f) must cause each such firearm to be serviced at least once a year by an appropriately qualified person.

Maximum penalty: 50 penalty units.

(2) A person who is employed in or by a government agency must, at the end of any period of duty, return any firearm in the employee’s possession to his or her employer’s store of firearms unless the person is authorised to retain possession of the firearm in accordance with subclause (4).

Maximum penalty: 50 penalty units.

(3) A person does not commit an offence under subclause (2) if:

(a) the person has not been on duty at his or her ordinary place of work, and

(b) it was not reasonably practicable, for reasons of distance or public safety, to return the firearm to the employer’s store of firearms, and

(c) it was not reasonably practicable in the circumstances for an authorisation under subclause (4) to be obtained (eg because the person was required to travel unexpectedly in connection with the person’s employment).

(4) The Commissioner may authorise in writing any person who is employed in or by a government agency to retain possession of a firearm that the employee is authorised to possess between periods of duty as an employee.

(5) The Commissioner must not authorise possession of a firearm between periods of duty unless the Commissioner is satisfied that:

(a) it is not practicable in the circumstances for the employee to return the firearm to the employer’s store of firearms, and

(b) the firearm will, as far as is reasonably practicable in the circumstances, be stored in accordance with the requirements of Part 4 of the Act.

(6) An employee’s authorisation to retain possession of a firearm between periods of duty is subject to the following requirements:

(a) the firearm may only be carried by the employee:

(i) when travelling directly to or from work or in the course of a work-related journey, or

(ii) in accordance with approved arrangements that have been made by the government agency concerned,

(b) the firearm must be stored:

(i) at the employee’s place of residence, or

(ii) in accordance with approved arrangements that have been made by the government agency concerned,

(c) the employee must, as far as is reasonably practicable in the circumstances, comply with the requirements of Part 4 of the Act,

(d) the employee must permit a police officer to inspect, at any reasonable time, the arrangements for the safe-keeping of the firearm.

(7) An authorisation under this clause remains in force for such time as is specified in the authorisation unless it is sooner revoked by the Commissioner.

(8) The Commissioner may revoke any such authorisation if the Commissioner is satisfied that:

(a) the requirements of subclause (6) have not been complied with, or

(b) it is in the public interest to do so.

(9) In addition to the firearms safety training courses required in connection with an application for a licence or permit, any person who is employed in or by a government agency and who is authorised to possess or use a firearm for business or employment purposes must undertake, at such times as may be determined by the Commissioner, such continuing firearms safety training courses as may be approved.

Maximum penalty: 20 penalty units.

(10) The government agency that employs such a person (or in which the person is employed) must:

(a) ensure that subclause (9) is complied with by any such employee, and

(b) report to the Commissioner when those persons have completed the required training.

Maximum penalty: 20 penalty units.

(11) Clause 76 applies, in the same way as that clause applies to security guards, to any person:

(a) who is employed in or by a government agency, and

(b) who is authorised to possess or use a pistol for business or employment purposes,

while the person is carrying the pistol.

(12) Clause 81 applies to a government agency in the same way as that clause applies to a person who employs security guards.