New South Wales Consolidated Regulations

WEAPONS PROHIBITION REGULATION 2009 - SCHEDULE 1

SCHEDULE 1 – Persons exempt from requirement for permit

(Clause 4)

1 Possession and use of explosives and incendiaries by dangerous goods inspectors

An inspector under the Explosives Act 2003 is exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 2 (1) of Schedule 1 to the Act, but only when acting in the course of employment as such an inspector.

2 Possession and use of blow guns by National Parks and Wildlife officers and Zoological Parks Board employees

An officer of the Service within the meaning of the National Parks and Wildlife Act 1974 , and a person employed in the Zoological Parks Board Division of the Government Service, are exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 2 (8) or (9) of Schedule 1 to the Act, but only when acting in the course of employment as such an officer or employee.

3 Possession and use of handcuffs and extendable batons by non-police law enforcement and security personnel

(1) The following persons are exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 2 (17A) or 4 (2) of Schedule 1 to the Act, but only when acting in the course of employment (or in the course of carrying on business) as such, and only if the Commissioner is satisfied that the person has been trained in the use of the prohibited weapon:

(a) a correctional officer within the meaning of the Crimes (Administration of Sentences) Act 1999 who is engaged in court security and escort duties,

(b) a sheriff’s officer within the meaning of the Sheriff Act 2005 ,

(c) an Officer of Customs within the meaning of the Customs Act 1901 of the Commonwealth,

(d) a special constable appointed under the Police (Special Provisions) Act 1901 ,

(e) a fisheries officer within the meaning of the Fisheries Management Act 1994 ,

(f) a person appointed under the Local Government Act 1993 as:

(i) an authorised person for the purpose of enforcing any of the provisions of Part 2 of Chapter 16 of that Act, or

(ii) an enforcement officer for the purposes of section 642 of that Act,

(g) an administrative officer within the meaning of the Police Act 1990 ,

(h) a person employed in the Office of the Police Integrity Commission Division of the Government Service to carry on security activities within the meaning of the Security Industry Act 1997 ,

(i) a person employed to carry on a security activity referred to in section 4 (1) (c) (i), (iv) or (v) of the Security Industry Act 1997 and who holds a class 1A, 1D, 1F or P1F licence under that Act,

(j) a person carrying on a security activity referred to in section 4 (1) (j) or (k) of the Security Industry Act 1997 and who holds a class 2D licence under that Act.

(2) A person employed in the Department of Human Services Division of the Government Service who is engaged in custodial duties is exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 4 (2) of Schedule 1 to the Act, but only when acting in the course of that employment and only if the Commissioner is satisfied that the person has been trained in the use of the prohibited weapon.

(3) It is a condition of an exemption referred to in this clause that the person to whom the exemption relates must store or keep the prohibited weapon concerned in a safe and secure manner when it is not being used.

(4) Failure to comply with the condition under subclause (3) is an offence.

Maximum penalty: 50 penalty units.

4 Possession and use of capsicum spray by sheriff’s officers

(1) A sheriff’s officer within the meaning of the Sheriff Act 2005 is exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 2 (22) (d) of Schedule 1 to the Act, but only when acting in the course of employment as a sheriff’s officer, and only if the Commissioner is satisfied that the officer has been trained in the use of the prohibited weapon in a manner approved by the Commissioner.

(2) It is a condition of the exemption referred to in this clause that the person to whom the exemption relates must store or keep the prohibited weapon concerned in a safe and secure manner when it is not being used.

(3) Failure to comply with the condition under subclause (2) is an offence.

Maximum penalty: 50 penalty units.

5 Possession and use of firearm magazines by certain persons

(1) The holder of a category D licence under the Firearms Act 1996 (as referred to in section 8 of that Act) is exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 4 (4) (a)-(d) of Schedule 1 to the Act, but:

(a) only in relation to its use in a registered firearm to which the licence applies, and

(b) only for the purpose established by the licensee under that Act as being the genuine reason for possessing or using the firearm, and

(c) subject to such restrictions as may be imposed on the licence by or under the Firearms Act 1996 .

(2) The holder of a category H licence under the Firearms Act 1996 (as referred to in section 8 of that Act) issued for the genuine reason of business or employment is exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 4 (4) (f) of Schedule 1 to the Act, but:

(a) only in relation to its use in a registered pistol to which the licence applies, and

(b) only in connection with that genuine reason, and

(c) subject to such restrictions as may be imposed on the licence by or under the Firearms Act 1996 .

6 Possession and use of brass catchers by persons holding firearms licence

The holder of a licence or permit under the Firearms Act 1996 is exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 4 (5) of Schedule 1 to the Act, but only in relation to its use in connection with a firearm to which the licence or permit under the Firearms Act 1996 applies.

7 Possession of prohibited weapons by off-duty police officers

(1) A police officer who is in possession of a service prohibited weapon while the police officer is not on duty as a police officer is exempt from the requirement under the Act for a permit to possess the weapon, but only if the police officer complies with such guidelines as may be issued by the Commissioner with respect to the off-duty possession of service prohibited weapons by police officers.

(2) In this clause:
"service prohibited weapon" means a prohibited weapon possessed or used by a police officer in his or her capacity as a police officer.

8 Exemption for interstate sporting permit holders

A person who:

(a) is a resident of another State or Territory, and

(b) is the holder of the equivalent of a prohibited weapons-sporting permit issued under the law in force in that State or Territory,

9 Exemption for interstate residents moving to this State

(1) A resident of another State or a Territory who is the holder of the equivalent of a permit issued under the law in force in that State or Territory may notify the Commissioner in writing that he or she intends to reside on a permanent basis in this State.

(2) If the Commissioner is notified under subclause (1), the person is exempt from the requirement under the Act for a permit to possess or use the prohibited weapon to which the person’s interstate permit relates, but only:

(a) for a period of 3 months from the time the person notified the Commissioner, or

(b) until the person’s application for a permit under the Act in respect of that weapon is granted or refused,

whichever is sooner.

10 Possession and use of laser pointers

The following persons are exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 4 (8) of Schedule 1 to the Act:

(a) a person who is (or has been within an approved period) a member of an approved astronomical organisation, but only for the purpose of enabling the person to take part in activities associated with astronomy,

(b) a person who is the holder of a licence or permit under the Firearms Act 1996 , but only in relation to its use in connection with a firearm to which the licence or permit under that Act applies.

11 Exemption for interstate re-enactment participants

A person who:

(a) is a resident of another State or Territory, and

(b) is the holder of a permit issued under the law in force in that State or Territory that is the equivalent of a permit issued under the Act,