New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(Section 4)
Insert after clause 16 (1):
(1A) Subclause (1) does not apply if the licence or permit holder has already provided the information referred to in that subclause to the Commissioner in connection with the application for the permit to acquire the firearm concerned.
Note: Item [1] provides that the current requirement to notify the Commissioner, when acquiring a firearm, of the address where the firearm is to be kept when not being used and the arrangements for the safe keeping and storage of the firearm does not apply if that information has already been provided to the Commissioner.
Insert at the end of the clause:
(2) At least 60 days before the date on which a licence or permit is due to expire, the Commissioner is to notify the licence or permit holder in writing that the licence or permit is due to expire on the date specified in the notice.
Note: Item [2] requires the Commissioner to notify licence and permit holders of the date on which the licence or permit is due to expire.
Insert “, but only if membership of the club is the sole ground on which the licensee has established that genuine reason” after “comply with clause 96 (1) (c)” in clause 29 (1).
Note: Item [3] makes it clear that the requirement for a member of an approved hunting club to participate in the club’s events only applies if the member relies on the club membership as the sole ground for establishing the genuine reason of recreational hunting/vermin control.
Omit clause 31 (3) (b). Insert instead:
(b) is to cause the name and licence number of the person using the shooting range under this clause to be recorded, and
Note: Item [4] modifies the requirement for the holder of the approval of a shooting range to record details of the non-target shooters (eg recreational hunters) who use the range for practising or for the sighting in firearms.
Insert after clause 35:
35A Theatrical armourers(1) In addition to the authority conferred under the Act, a firearms dealer licence issued to a theatrical armourer authorises:(a) the licensee and any authorised employee of the licensee to instruct and supervise actors and other persons involved in a film, television or theatrical production in the possession and use of firearms for the purposes of the production, and(b) the actors and other persons involved in the production to possess and use the firearms, but only while under the supervision and control of the licensee or authorised employee of the licensee.(2) A firearms dealer licence issued to a theatrical armourer is subject to the following conditions:(a) any firearm used in the production must be maintained in a safe working condition,(b) the licensee must comply with any requirements determined by the Commissioner in relation to the safe keeping of firearms that the licensee is authorised to possess,(c) the licensee must ensure that any employee who is authorised by the Commissioner to possess or use firearms under the licence is properly trained in the safe handling of firearms and is suitably qualified to carry out the functions of a theatrical armourer.(3) The licensee must, while acting under the authority conferred by subclause (1):(a) keep in the approved form a register in which particulars of the following matters are kept:(i) the types, and registration numbers, of firearms authorised under the licence,(ii) the name of each person authorised to possess and use any such firearm, and the periods for which each such person had possession or use of the firearm,(iii) the periods for which any firearm was removed from safe storage, and(b) ensure that the register is kept in a place of safe keeping (not being a place in which any firearms are kept), and(c) ensure that each entry that is made in the register is maintained for not less than 3 years after it is made, and(d) if requested to do so by a police officer at any time, immediately produce the register to the officer and allow the officer to inspect, and make copies of any entry contained in, the register.Maximum penalty: 50 penalty units.
Note: Item [5] provides that the authority conferred by a firearms dealer licence issued to a theatrical armourer extends, as is the case at present under a theatrical armourer’s permit, to the use of firearms by the actors and other persons involved in the film, television or theatrical production concerned. The proposed clause also replicates certain requirements and conditions that currently apply in relation to a theatrical armourer’s permit under clause 53 of the Regulation.
Omit the subclause.
Note: Item [6] removes the restriction that prevents an heirloom permit being issued to a person if the person already has such a permit.
Omit “the holder of a theatrical armourer’s permit” wherever
occurring from clause 52 (5) (b) and paragraph (b) of the note at the end of
the clause.
Insert instead “a licensed theatrical armourer”.
Omit the clause.
Note: Items [7] and [8] are consequential on the amendments made by Schedule 1 relating to theatrical armourers being licensed as firearm dealers.
Omit clause 61 (2). Insert instead:
(2) A historical re-enactment organiser’s permit also authorises any person who is the holder of a licence to use any firearm:(a) that is not a prohibited firearm, and(b) that the person is authorised to possess or use under a licence,for the purposes of participating in any historical re-enactment event conducted under the authority of a historical re-enactment organiser’s permit.
Note: Item [9] provides that the authority conferred by a historical re-enactment organiser’s permit extends to those persons who are participating in the historical re-enactment to which the permit relates. As a consequence of the amendment, the participants in the authorised event will no longer need to hold a separate historical re-enactment participant’s permit. Such participants are already required to have a licence to use the firearms concerned and this requirement will remain.
Omit the paragraph.
Note: Item [10] removes the requirement that the applicant for a historical re-enactment organiser’s permit must provide the Commissioner with details of each licensee who will be participating in the event to which the application relates.
Insert “kinds of” before “firearms”.
Note: Item [11] provides that the applicant for a historical re-enactment organiser’s permit must provide the Commissioner with details of the kinds of firearms to be used in the event rather than the details of each firearm to be used.
Omit “A permit under this clause” wherever
occurring.
Insert instead “A historical re-enactment organiser’s permit”.
Omit the subclause.
Note: Items [12] and [13] are consequential on the amendment made by item [9].
Omit clause 65 (2). Insert instead:
(2) An arms fair permit also authorises any person who is a licensed firearms dealer or the holder of a firearms collector licence or an ammunition collector permit to participate in an arms fair that is the subject of an arms fair permit.
(2A) The authority conferred by a firearms dealer licence extends, to the extent that the licensee is participating in an arms fair that is the subject of an arms fair permit, to the sale by the licensee at the arms fair of any firearms or firearm parts to which the licence applies, or any ammunition for those firearms, but only if the sale is conducted in accordance with the Act.
Note: Item [14] provides that the authority conferred by an arms fair permit extends to those persons (such as firearms dealers) who are participating in the arms fair to which the permit relates. As a consequence of the amendment, the participants in an authorised arms fair will no longer need to hold a separate arms fair participant’s permit.
Omit the subclauses.
Omit “A permit under this clause”. Insert instead “An arms fair permit”.
Note: Items [15] and [16] are consequential on the amendment made by item [14].
Omit clause 88 (a). Insert instead:
(a) section 6B of the Act applies in relation to the person, or
Note: Item [17] is consequential on the insertion of proposed section 6B into the Firearms Act 1996 (see Schedule 1 [3]).
Omit clause 92 (2) (d) and (e).
Note: Item [18] provides that the failure by an approved firearms club to disqualify any member who has been convicted of a firearms offence (and who is therefore not authorised to possess or use a firearm) is no longer a specific ground on which the Commissioner may revoke the approval of the club. However, it will remain an offence for a range official (or any other licensed person) to permit an unauthorised person to possess or use a firearm (see section 19 (2) (b) of the Act and Part 8 of the Regulation).
Insert after clause 92:
92A Members convicted of disqualifying offences not permitted to take part in club activities involving firearms If a member of a club is convicted of an offence referred to in clause 5, the person who is the secretary of the club (or, if there is no secretary, the person who occupies the most senior executive position in the club) must, as soon as practicable after the person is made aware of that conviction, take such action as is reasonably within the person’s capacity to prevent the club member from participating in any activity of the club that involves the possession or use of firearms.Maximum penalty: 50 penalty units.
Note: Item [19] deals with participation in club activities by persons who have been convicted of certain offences.
Insert “, but only if the licence is issued for the genuine reason of recreational hunting/vermin control and the person’s membership of the club is the sole ground on which that genuine reason is established” after “training” in clause 96 (1) (c).
Note: Item [20] makes it clear that the requirement for a member of an approved hunting club to participate in the club’s events only applies if the member relies on the club membership as the sole ground for establishing the genuine reason of recreational hunting/vermin control.
Insert “or (h1)” after “(h)” in clause 99 (1) (g).
Insert after clause 99 (1) (h):
(h1) application fee for an initial or subsequent firearms dealer’s licence to be held by a theatrical armourer-$500,
Omit the paragraph.
Note: Items [21]-[23] are consequential on the amendments made by Schedule 1 relating to theatrical armourers being licensed as firearms dealers.
Omit the clause. Insert instead:
110 Requirements relating to exemption for unlicensed persons shooting on approved ranges and for persons undertaking firearms safety training courses(1) The purpose of this clause is to prescribe requirements relating to the exemption under section 6B of the Act of persons from the requirement to be authorised by a licence or permit to possess or use a firearm.(2) It is a condition of the approval under clause 87 of a shooting range that a club or range official must ensure that each person who, in accordance with section 6B (1) (a) of the Act, possesses or uses a firearm at the shooting range but who is not authorised by a licence or permit to do so completes and signs a form containing the following questions before the person uses any firearm at the shooting range:(a) Have you, in New South Wales or elsewhere:(i) been refused or prohibited from holding a firearms licence or permit or had a firearms licence or permit suspended, cancelled or revoked?(ii) been the subject of a firearms prohibition order?(iii) within the last 10 years, been convicted of an offence involving firearms, weapons, prohibited drugs, robbery, violence or terrorism?(iv) within the last 10 years, been convicted of an offence of a sexual nature?(v) within the last 10 years, been the subject of a family law or domestic violence order or an apprehended violence order (other than an order that was revoked)?(b) Are you currently, in New South Wales or elsewhere:(i) subject to a good behaviour bond?(ii) subject to an interim apprehended violence order?(iii) suffering from any mental illness or other disorder that may prevent you from using a firearm safely?(3) It is a condition of the approval under clause 122 (4) of a person to be an instructor for a firearms safety training course that the person must ensure that each person who, in accordance with section 6B (1) (b) of the Act, possesses or uses a firearm while participating in the course but who is not authorised by a licence or permit to do so, completes and signs a form containing the questions set out in subclause (2) before the person uses any firearm as part of the course.(4) It is a condition of any such approval referred to in subclause (2) or (3) that the club or range official, or the instructor, as the case requires, must:(a) prevent a person from possessing or using a firearm at the shooting range, or as part of the course, if the person has answered “Yes” to any of the questions set out in subclause (2), and(b) record the name, address and date of birth of each person who possesses or uses a firearm at the shooting range, or as part of the course, in accordance with section 6B of the Act, and(c) make available for inspection, by the Firearms Registry of the NSW Police Force, any record made under paragraph (b) and any completed and signed forms under subclause (2) or (3).(5) Without limiting the operation of subclause (4) (a), if the person concerned has answered “Yes” to any of the questions set out in subclause (2), the club or range official, or the instructor, as the case requires, must prevent the person from possessing or using a firearm at the shooting range or as part of the course.Maximum penalty: 50 penalty units.(6) The club or range official, or the instructor, as the case requires, must ensure that the person who is possessing or using a firearm at the shooting range, or as part of the course, does so only while under direct supervision as required by section 6B (1) of the Act.Maximum penalty: 50 penalty units.(7) The record under subclause (4) (b) must also include details of the photo identification of the person concerned or, if the person is a minor, details of the photo identification of a parent or guardian of the minor and a copy of the parent’s or guardian’s written consent to the minor possessing or using the firearm.(8) In this clause:
"club or range official" means:(a) in the case of a club within the meaning of Part 9-a member of the club who has been authorised for the purposes of this clause by the secretary or other relevant office holder of the club, or(b) in the case of a shooting range-a person authorised for the purposes of this clause by the holder of the approval of the range under Part 8.
Note: Item [24] modifies the requirements that apply in relation to the current exemptions under the Regulation for unlicensed persons shooting on ranges and person who are undertaking approved firearms safety training courses. These exemptions are being transferred to the Act (see Schedule 1 [3]). The requirements are similar to those that apply in relation to open day participants under clause 66 of the Regulation. The item also inserts additional related offences.
Omit the clauses.
Note: Item [25] is consequential on the insertion of proposed section 6B into the Firearms Act 1996 (see Schedule 1 [3]).
Omit the clause.
Note: Item [26] is consequential on the insertion of proposed section 6A into the Firearms Act 1996 (see Schedule 1 [3]).
Omit clause 127 (3).
Note: Item [27] will require notices of inspection to be served on individual club members rather than the current arrangement which provides that a club member is taken to have been served with a notice of inspection if the secretary or relevant office holder of the club has been served with the notice.