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Queensland
WEAPONS AMENDMENT
BILL 1993
Queensland
WEAPONS AMENDMENT BILL 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Omission of ss.1.3 and 1.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s.1.5 (Application of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s.1.6 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s.2.2 (Limitation on issue of licence) . . . . . . . . . . . . . . . . . . 9
8 Amendment of s.2.7 (Authorised officer determines application) . . . . . . . . 9
9 Replacement of s.2.20 (Visitors to Queensland) . . . . . . . . . . . . . . . . . . . . . . 10
2.20 Special licensing arrangements for a visitor to Queensland . . . . . . 10
10 Replacement of ss.3.23.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3.2 Physical possession and use of weapon sometimes
allowed for the purpose of training a minor . . . . . . . . . . . . . . . . . . . . 11
3.3 An unlicensed person may use a weapon at an approved range . . . 11
3.4 Possession or use of weapon by unlicensed person in
primary production sometimes allowed . . . . . . . . . . . . . . . . . . . . . . . 12
3.5 Use of weapons by unlicensed person at shooting gallery
allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3.6 Discharge of weapon on private land without owner's
consent prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3.7 Particular conduct involving a weapon in a public place
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3.7A Dangerous conduct with weapon prohibited generally . . . . . . . . . . . 14
3.7B Possession or use of weapon under the influence of liquor
or a drug prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Replacement of s.3.30 (Deactivation of collector's weapons) . . . . . . . . . . . 15
2
Weapons Amendment
3.30 Deactivation of collector's weapons . . . . . . . . . . . . . . . . . . . . . . . . . 15
12 Replacement of Part 3, Division 4 (Approved Clubs) . . . . . . . . . . . . . . . . . 15
Division 4--Approved shooting clubs
3.39 Only an approved shooting club may conduct target
shooting with Schedule 2 weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3.40 Application for shooting club permit . . . . . . . . . . . . . . . . . . . . . . . . . 15
3.41 Authorised officer may grant or refuse shooting club permit . . . . . . 16
3.42 Authorised officer to give reasons for refusing to grant permit . . . . 16
3.43 Conditions to apply to permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3.44 A nominee is required for some applications . . . . . . . . . . . . . . . . . . 17
3.45 Duty of nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
3.46 Change of nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3.47 How to decide whether an individual is an appropriate person . . . . 18
3.48 Authorised officer may amend permit conditions . . . . . . . . . . . . . . . 19
3.48A Authorised officer may make temporary amendment of
conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.48B Revoking or suspending permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.48C Club must keep range use register books . . . . . . . . . . . . . . . . . . . . . . 21
3.48D Service of notice on approved shooting club . . . . . . . . . . . . . . . . . . . 21
Division 4A--Approved ranges
3.48E Application for range approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3.48F Limits on approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3.48G Authorised officer may grant or refuse range approval . . . . . . . . . . . 22
3.48H Authorised officer to give reasons for refusing to grant approval . . . 23
3.48I Conditions to apply to approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3.48J Authorised officer may amend approval conditions . . . . . . . . . . . . . 23
3.48K Authorised officer may make temporary amendment of
conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.48L Revoking or suspending approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3.48M Range can be dealt with in conjunction with shooting club
permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3.48N Responsibilities of range operator . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3.48O Responsibilities of range officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.48P Responsibilities of person attending an approved range . . . . . . . . . . 26
3
Weapons Amendment
3.48Q Possession of Schedule 1 weapon on approved range is
unlawful . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
13 Amendment of s.3.50 (Conditions of approval) . . . . . . . . . . . . . . . . . . . . . . . 27
14 Amendment of s.3.52 (Conduct of persons resorting to shooting
galleries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
15 Replacement of s.3.56 (Use of theatrical ordnance supplies) . . . . . . . . . . . 27
3.56 Weapons may be supplied for theatre, film and television
productions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
16 Insertion of new s.3.56A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3.56A Supervision of use of weapons in theatre, film and
television productions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
17 Replacement of Part 3, Division 7 (Security guards) . . . . . . . . . . . . . . . . . . 29
Division 7--Security guards and security organisations
3.60 An armed security guard must be licensed . . . . . . . . . . . . . . . . . . . . 29
3.61 Training courses for security guards . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3.62 Control over way security guard carries weapon . . . . . . . . . . . . . . . . 30
3.63 Security guard must record prescribed information . . . . . . . . . . . . . . 30
3.64 Obligations of security organisation in relation to the
possession or use of a weapon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
3.65 Obligations of security organisation in relation to register . . . . . . . . 31
3.66 Obligation of members of governing body of security
organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3.67 Inspection by police officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
18 Amendment of s.4.6 (Powers in respect to premises specified in
licences or approvals under Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
19 Amendment of s.4.9 (Seizure and detention of weapons etc.) . . . . . . . . . . . 32
20 Replacement of s.5.1 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5.1 Right to appeal against decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5.1A How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5.1B Effect of appeal on decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
5.1C Appellant may carry on business pending appeal . . . . . . . . . . . . . . . 34
5.1D Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
5.1E Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
5.1F Powers of Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
4
Weapons Amendment
21 Amendment of s.6.1 (Detention and disposal of weapons in police
custody) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
22 Amendment of s.6.2 (Disqualification by a court) . . . . . . . . . . . . . . . . . . . . 36
23 Insertion of new s.6.4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
6.4A False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
24 Amendment of s.6.9 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . . 37
25 Amendment of s.6.10 (Service of notice, orders etc.) . . . . . . . . . . . . . . . . . . 38
26 Omission of Schedule 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
27 Insertion of new Part 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 7--TRANSITIONAL AND SAVINGS PROVISIONS
7.1 Saving of licences issued under Firearms and Offensive
Weapons Act 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
7.2 Saving of certificates etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
7.3 Saving of approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
7.4 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 41
MINOR AMENDMENTS
1993
A BILL
FOR
An Act to amend the Weapons Act 1990
6
Weapons Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause1. This Act may be cited as the Weapons Amendment Act 1993. 3
4
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 5
Act 6
Amended
The Weapons Act 1990 is amended as set out in this Act. 7
Clause3.
of ss.1.3 and 1.4 8
Omission
Sections 1.3 and 1.4-- 9
Clause4.
omit. 10
of s.1.5 (Application of Act) 11
Amendment
Clause5.(1) Section 1.5(1)(e)-- 12
omit, insert-- 13
`(e) who is-- 14
(i) an officer appointed, or a person employed, under the 15
Corrective Services (Administration) Act 1988; or 16
(ii) a person authorised, or undergoing training for the purpose 17
of being authorised, to discharge functions or exercise 18
powers of a general manager or custodial correctional officer 19
under section 19(3) of the Corrective Services 20
(Administration) Act 1988; 21
in respect of the officer's or person's possession or use of a 22
weapon as part of the performance of the officer's or person's 23
duties; 24
7
Weapons Amendment
`(ea) who is undergoing a training course approved by the 1
Commissioner to become a security guard for a security 2
organisation, in respect of the person's possession or use of a 3
weapon as part of the training course;'. 4
(2) Section 1.5(2)-- 5
omit. 6
of s.1.6 (Interpretation) 7
Amendment
Section 1.6 (definitions "approved club", "Commissioner", 8
Clause6.(1)
"firearm", "police officer", "range", "replica" and "weapon")-- 9
omit. 10
(2) Section 1.6-- 11
insert-- 12
` "approved form" means the form approved by the Commissioner; 13
"approved range" means-- 14
(a) a place approved under Division 4A of Part 3; or 15
(b) a place approved under a Commonwealth Act for use in the sport 16
of target shooting; 17
"approved shooting club" means a shooting club that holds a shooting 18
club permit; 19
"Commissioner" means the Commissioner of the Police Service under the 20
Police Service Administration Act 1990; 21
"Court" means the Magistrates Court; 22
"firearm" means-- 23
(a) a gun or other thing ordinarily described as a firearm; or 24
(b) a thing ordinarily described as a weapon that, if used in the way 25
for which it was designed or adapted, is capable of being aimed at 26
a target and causing death or injury by discharging-- 27
(i) a projectile; or 28
(ii) noxious, corrosive or irritant liquid, powder, gas, chemical 29
8
Weapons Amendment
or other substance; or 1
(c) a thing that would be firearm mentioned in paragraph (a) or (b), if 2
it were not temporarily inoperable or incomplete; 3
but does not include-- 4
(d) a powerhead, explosive tool, captive bolt humane killer, spear 5
gun, longbow or crossbow; or 6
(e) a replica of a spear gun, longbow or crossbow; 7
Example-- 8
A replica of a gun capable of causing death or injury by discharging a 9
projectile is a firearm. However, a replica of a gun not capable of causing 10
death or injury by discharging a projectile is not a firearm. 11
"paint pellet gun" means a weapon that discharges paint pellet projectiles; 12
"paint pellet sports" means games in which persons use paint pellet guns 13
to discharge paint pellet projectiles at other persons or things; 14
"range officer" of an approved range means a person who is a range 15
officer of the range within the meaning of section 3.48N(2); 16
"range operator" of an approved range means the range operator of the 17
range within the meaning of section 3.48N(1); 18
"replica"-- 19
(a) of a weapon--means a reasonable facsimile or copy of a weapon, 20
even if it is not capable of discharging a projectile or substance; or 21
(b) of a spear gun, longbow or crossbow--means a reasonable 22
facsimile or copy of a spear gun, longbow or crossbow even if it 23
is not capable of discharging a projectile; or 24
(c) of a thing prescribed by regulation--anything prescribed by 25
regulation to be a replica of the thing; 26
"security guard's weapons licence" has the meaning given by 27
section 3.60; 28
"shooting club" means a club or other organisation that conducts the sport 29
of target shooting; 30
"shooting club permit" means a shooting club permit issued under 31
section 3.41; 32
9
Weapons Amendment
"shooting gallery" includes a place used for paint pellet sports; 1
"weapon" means-- 2
(a) a firearm; or 3
(b) an item specified in Schedule 1, 2 or 3; or 4
(c) a thing prescribed by regulation;'. 5
(3) Section 1.6 (definition "officer in charge of police")-- 6
omit `of the Queensland Police Service'. 7
(4) Section 1.6 (definition "primary producer")-- 8
omit all words after paragraph (f), 9
insert `and includes a person prescribed by regulation;'. 10
of s.2.2 (Limitation on issue of licence) 11
Amendment
Section 2.2(2)-- 12
Clause7.(1)
omit `the business', insert `its business or affairs'. 13
(2) Section 2.2(3)(c)-- 14
omit, insert-- 15
`(c) whether the person is or has been subject to a domestic violence 16
order, or is or has been subject to an interstate order, within the 17
meaning of the Domestic Violence (Family Protection) 18
Act 1989.'. 19
of s.2.7 (Authorised officer determines application) 20
Amendment
Clause8. After section 2.7(1)-- 21
insert-- 22
`(1A) If-- 23
(a) an applicant applies for a security guard's weapons licence; and 24
(b) the applicant is the holder of an existing licence of another type; 25
an authorised officer is to determine the application for the security guard's 26
10
Weapons Amendment
weapons licence as soon as is practicable, but within 28 days after the 1
application is lodged.'. 2
of s.2.20 (Visitors to Queensland) 3
Replacement
Section 2.20-- 4
Clause9.
omit, insert-- 5
licensing arrangements for a visitor to Queensland 6
`Special
`2.20(1) In this section-- 7
"reciprocating State", in relation to Queensland, is another State or a 8
Territory in which a person who is a resident of Queensland-- 9
(a) may obtain a licence or other authority; or 10
(b) is taken to be the holder of a licence or other authority; 11
entitling the person to possess a weapon under the law of the State or 12
Territory merely because the person has a licence for the weapon under 13
this Act; 14
"weapon" does not include a Schedule 1 weapon. 15
`(2) If a person who-- 16
(a) is not a resident of Queensland; and 17
(b) is visiting, or intending to visit, Queensland; 18
establishes that the person is entitled, under the law of the place where the 19
person resides, to possess a weapon of a particular type, the person may be 20
issued with a licence for the weapon as prescribed by regulation. 21
`(3) The licence is-- 22
(a) valid for the period, not longer than 3 months, specified in the 23
licence; and 24
(b) must be endorsed as a visitor's licence. 25
`(4) If a person who is a resident of a reciprocating State is entitled to 26
possess a weapon in the reciprocating State under a licence or other 27
authority issued under its law, the person, while visiting Queensland, is 28
taken to be the holder of a licence for the weapon of the type applicable to 29
the weapon under this Act. 30
11
Weapons Amendment
`(5) This section does not apply to a visitor to Queensland who, if the 1
visitor were a resident of Queensland, would not be eligible to be issued the 2
licence because of the visitor's age.'. 3
of ss.3.23.7 4
Replacement
Sections 3.2 to 3.7-- 5
Clause10.
omit, insert-- 6
possession and use of weapon sometimes allowed for the 7
`Physical
purpose of training a minor 8
`3.2(1) A minor over 11 years may have physical possession of and use 9
a Schedule 3 weapon in a place where it is lawful to physically possess and 10
use a Schedule 3 weapon if-- 11
(a) the minor is under the direct and immediate supervision of a 12
parent, guardian or another person who is acting in the place of a 13
parent or guardian; and 14
(b) the parent, guardian or other person is licensed to possess the 15
weapon. 16
`(2) A minor over 11 years may have physical possession of and use a 17
Schedule 3 weapon at an approved range for Schedule 3 weapons if the 18
minor is supervised-- 19
(a) directly and immediately by a range officer; or 20
(b) as prescribed by regulation. 21
unlicensed person may use a weapon at an approved range 22
`An
`3.3(1) This section applies to a person who is eligible to obtain a licence 23
that authorises the possession of a weapon of a particular type, but who has 24
not been issued with a licence in force at the material time. 25
`(2) The person may have physical possession of and use the type of 26
weapon at an approved range for the type of weapon if the physical 27
possession and use of weapons at the range is supervised by a range officer. 28
12
Weapons Amendment
or use of weapon by unlicensed person in primary 1
`Possession
production sometimes allowed 2
`3.4(1) In this section-- 3
"primary producer" means a person who-- 4
(a) has a licence; and 5
(b) usually carries out primary production on land (the "primary 6
producer's land"), even if only as an agent or employee of 7
another person; 8
"weapon" means a Schedule 3 weapon that a primary producer possesses 9
under the authority of a licence. 10
`(2) A person who is an agent, employee or member of the immediate 11
family of the primary producer may physically possess or use the weapon 12
on the primary producer's land, even if the person does not hold a licence 13
for that type of weapon, if the person-- 14
(a) assists the primary producer with primary production on the land; 15
and 16
(b) is eligible to obtain a licence to possess a Schedule 3 weapon; and 17
(c) only uses the weapon with the express consent of the primary 18
producer; and 19
(d) only uses the weapon in connection with carrying out primary 20
production on the land. 21
of weapons by unlicensed person at shooting gallery allowed 22
`Use
`3.5 A person using a shooting gallery may physically possess and use a 23
weapon allowed under the conditions of approval of the shooting gallery, 24
even if the person is not the holder of a licence for the type of weapon. 25
of weapon on private land without owner's consent 26
`Discharge
prohibited 27
`3.6(1) In this section-- 28
"owner" of private land includes the occupier of the land; 29
13
Weapons Amendment
"private land" means land that is not a public place; 1
"weapon" includes a spear gun, longbow and crossbow. 2
`(2) A person must not, without reasonable excuse, discharge a weapon 3
on or across private land without the express consent of the owner. 4
Maximum penalty--20 penalty units or imprisonment for 3 months. 5
`(3) A person must not carry a weapon on private land without the 6
express consent of the owner unless-- 7
(a) the person has a reasonable excuse; or 8
(b) the weapon is unloaded, broken or for another reason cannot be 9
readily discharged. 10
Maximum penalty--20 penalty units. 11
conduct involving a weapon in a public place prohibited 12
`Particular
`3.7(1) In this section-- 13
"weapon" includes-- 14
(a) a spear gun, longbow, crossbow; and 15
(b) a replica of a weapon; and 16
(c) a replica of a thing mentioned in paragraph (a). 17
`(2) A person must not, without reasonable excuse, carry a weapon 18
exposed to view in a public place. 19
Maximum penalty--20 penalty units or imprisonment for 3 months. 20
`(3) A person must not, without reasonable excuse, carry in a public 21
place a loaded firearm or a weapon capable of being discharged. 22
Maximum penalty--60 penalty units or imprisonment for 1 year. 23
`(4) A person must not, without reasonable excuse, discharge a weapon 24
in, into, towards, over or through a public place. 25
Maximum penalty--100 penalty units or imprisonment for 2 years. 26
14
Weapons Amendment
conduct with weapon prohibited generally 1
`Dangerous
`3.7A(1) In this section-- 2
"weapon" includes-- 3
(a) a powerhead, explosive tool, captive bolt humane killer, spear 4
gun, longbow, crossbow; and 5
(b) a replica of a weapon; and 6
(c) a replica of a thing mentioned in paragraph (a); and 7
(d) an explosive. 8
`(2) A person must not-- 9
(a) without reasonable excuse; and 10
(b) by the physical possession or use of a weapon; 11
engage in conduct, alone or with another, likely to cause-- 12
(c) death or injury to a person; or 13
(d) unlawful destruction or damage to property; or 14
(e) alarm to another person. 15
Maximum penalty--100 penalty units or imprisonment for 2 years. 16
or use of weapon under the influence of liquor or a drug 17
`Possession
prohibited 18
`3.7B(1) In this section-- 19
"weapon" includes-- 20
(a) a spear gun, longbow, crossbow; and 21
(b) an explosive. 22
`(2) A person must not have physical possession of or use a weapon if 23
the person is under the influence of liquor or a drug. 24
Maximum penalty--20 penalty units.'. 25
15
Weapons Amendment
of s.3.30 (Deactivation of collector's weapons) 1
Replacement
Section 3.30-- 2
Clause11.
omit, insert-- 3
of collector's weapons 4
`Deactivation
`3.30(1) In this section-- 5
"weapon" does not include an antique firearm that is not a Schedule 1 6
weapon. 7
`(2) A licensed collector may only possess a weapon under the licensed 8
collector's licence if the weapon is made inoperable by a prescribed 9
person.'. 10
of Part 3, Division 4 (Approved Clubs) 11
Replacement
Part 3, Division 4-- 12
Clause12.
omit, insert-- 13
4--Approved shooting clubs 14
`Division
an approved shooting club may conduct target shooting with 15
`Only
Schedule 2 weapons 16
`3.39 A person must not conduct a shooting club for the sport of target 17
shooting with Schedule 2 weapons unless the shooting club is an approved 18
shooting club. 19
Maximum penalty--20 penalty units. 20
for shooting club permit 21
`Application
`3.40(1) Application may be made to an authorised officer to grant a 22
shooting club permit to a shooting club. 23
`(2) The shooting club permit may only be granted to a shooting club 24
whose primary purpose is to conduct the sport of target shooting. 25
`(3) The application must-- 26
(a) be in the approved form; and 27
16
Weapons Amendment
(b) provide the further particulars reasonably required by the 1
authorised officer; and 2
(c) be accompanied by the fee prescribed by regulation. 3
officer may grant or refuse shooting club permit 4
`Authorised
`3.41 The authorised officer may grant the shooting club permit if the 5
authorised officer is satisfied-- 6
(a) the primary purpose of the shooting club is to conduct the sport 7
of target shooting; and 8
(b) the location, construction and equipment of each shooting range, 9
and proposed shooting range, of the shooting club is appropriate 10
having regard to the need to protect persons from death or injury 11
and property from unlawful destruction or damage; and 12
(c) the application complies with section 3.40; and 13
(d) each individual member of the governing body of the shooting 14
club is an appropriate person; and 15
(e) if section 3.44 applies to the application--the section has been 16
complied with and the person nominated under section 3.44(2) is 17
an appropriate person. 18
officer to give reasons for refusing to grant permit 19
`Authorised
`3.42 The authorised officer may refuse to grant the shooting club permit 20
by written notice given to the applicant stating the reasons for the refusal. 21
to apply to permit 22
`Conditions
`3.43(1) If an authorised officer grants a shooting club permit to an 23
approved club, the authorised officer may impose conditions that apply to 24
the permit. 25
`(2) The authorised officer may impose conditions about-- 26
(a) the location, construction, equipment and maintenance of 27
shooting ranges; and 28
(b) the use, control, administration and management of shooting 29
17
Weapons Amendment
ranges; and 1
(c) matters prescribed by regulation. 2
`(3) In imposing conditions, the authorised officer must have regard to 3
the need to protect persons from death or injury and property from unlawful 4
destruction or damage. 5
`(4) The conditions must be specified in the permit or by written notice 6
given to the applicant. 7
nominee is required for some applications 8
`A
`3.44(1) This section only applies if an application for a shooting club 9
permit is made by-- 10
(a) an unincorporated body or association of persons; or 11
(b) a shooting club prescribed by regulation. 12
`(2) The application must nominate an adult individual to be the shooting 13
club's nominee. 14
`(3) The nominated person must hold the position in the shooting club in 15
which the person is charged with responsibility for the conduct of the 16
activities of the shooting club relating to the sport of target shooting (the 17
"responsible position"). 18
`(4) If a shooting club permit is granted on the application, the nominated 19
person is taken to be the shooting club's nominee for the purpose of the 20
permit (the "nominee"), until ceasing to be the nominee under section 3.46. 21
`(5) The shooting club must ensure that, at all times while the permit is in 22
effect, it maintains an appropriate person in the responsible position. 23
of nominee 24
`Duty
`3.45 The nominee must exercise all reasonable diligence to ensure the 25
shooting club, its members and all persons using a range conducted by it 26
comply with this Division and Division 4A. 27
Maximum penalty--20 penalty units. 28
18
Weapons Amendment
of nominee 1
`Change
`3.46(1) A person stops being the nominee of an approved shooting club 2
if the person stops holding the shooting club's responsible position. 3
`(2) If a person stops being the nominee, the person must give written 4
notice to an authorised officer within 28 days. 5
Maximum penalty--20 penalty units. 6
`(3) The person who occupies an approved shooting club's responsible 7
position after another person stops being the nominee must give written 8
notice ( the "nominee notice") to an authorised officer within 28 days. 9
`(4) If the authorised officer accepts a nominee notice from a person-- 10
(a) the person becomes the nominee; and 11
(b) the authorised officer must give written notice of the acceptance to 12
the nominee. 13
`(5) The authorised officer may refuse to accept the nominee notice on 14
the ground that the authorised person is not satisfied the person who gave 15
the nominee notice-- 16
(a) occupies the shooting club's responsible position; or 17
(b) is an appropriate person. 18
`(6) The refusal must be by written notice to the person who gave the 19
nominee notice stating reasons for the refusal. 20
to decide whether an individual is an appropriate person 21
`How
`3.47(1) In determining whether an individual is an appropriate person 22
for the purpose of this Division, an authorised officer may have regard only 23
to-- 24
(a) whether the individual demonstrates knowledge and 25
understanding of the obligations of an approved shooting club 26
and the individual's proposed position under this Act; and 27
(b) whether the individual is a person of good repute. 28
`(2) The authorised officer may obtain-- 29
(a) a report from the Commissioner about the criminal history of the 30
19
Weapons Amendment
person; or 1
(b) if the person holds or previously held in another State or a 2
Territory a relevant licence, permit, authority or position--a report 3
from the appropriate authority in the State or Territory. 4
officer may amend permit conditions 5
`Authorised
`3.48(1) An authorised officer may amend the conditions applying to a 6
shooting club permit of an approved shooting club-- 7
(a) on the application of the shooting club; or 8
(b) on the initiative of the authorised officer. 9
`(2) In making an amendment under subsection (1), the authorised 10
officer must have regard to the need to protect persons from death or injury 11
and property from unlawful destruction or damage. 12
`(3) Before making an amendment under subsection (1)(b), the 13
authorised officer must-- 14
(a) give written notice to the club informing it-- 15
(i) of the proposed amendment; and 16
(ii) that it may make written submissions to the authorised 17
officer about the proposed amendment before a specified 18
day (not earlier than 21 days after the notice is given to the 19
shooting club); and 20
(b) have regard to submissions made to the authorised officer by the 21
shooting club before the specified day. 22
`(4) If an authorised officer amends the conditions applying to a shooting 23
club permit, the authorised officer must give written notice of the 24
amendment to the shooting club. 25
`(5) The amendment takes effect-- 26
(a) on the day the written notice of the amendment is given to the 27
shooting club; or 28
(b) if a later day is specified in the notice--the specified day. 29
`(6) An authorised officer may refuse to make an amendment under 30
20
Weapons Amendment
subsection (1)(a) by written notice given to the shooting club stating the 1
reasons for the refusal. 2
officer may make temporary amendment of conditions 3
`Authorised
`3.48A(1) An authorised officer may make a temporary amendment of 4
the conditions applying to a shooting club permit if the authorised officer 5
considers, on reasonable grounds, that it is necessary to make the 6
amendment to protect a person from death or injury or property from 7
unlawful destruction or damage. 8
`(2) An authorised officer may make an amendment under 9
subsection (1) by written notice given to the shooting club stating the 10
reasons for the amendment. 11
`(3) The amendment takes effect on the day the written notice of the 12
temporary amendment is given to the shooting club or, if a later day is 13
specified in the notice, the specified day. 14
`(4) The amendment has effect for 28 days unless-- 15
(a) the notice specifies a shorter period; or 16
(b) the authorised officer extends the amendment for a single further 17
specified period (not longer than 28 days). 18
`(5) An authorised officer may extend an amendment under 19
subsection (4)(b) by written notice given to the shooting club stating the 20
reasons for the extension. 21
or suspending permit 22
`Revoking
`3.48B(1) An authorised officer may revoke or suspend a shooting club 23
permit if-- 24
(a) the shooting club contravenes this Act; or 25
(b) the shooting club contravenes a condition applying to the permit; 26
or 27
(c) the authorised officer reasonably believes it is likely a member of 28
the shooting club or the public will suffer injury or loss if the 29
permit is not revoked or suspended. 30
21
Weapons Amendment
`(2) The authorised officer must give written notice of the revocation or 1
suspension to the shooting club. 2
`(3) The notice must specify-- 3
(a) if the permit has been suspended--the day the suspension is 4
lifted; and 5
(b) the reasons for the revocation or suspension. 6
`(4) The revocation or suspension takes effect on the day the notice is 7
given to the shooting club or, if a later day is specified in the notice, the 8
specified day. 9
`(5) A shooting club permit that is suspended stops having effect until 10
the suspension is lifted. 11
must keep range use register books 12
`Club
`3.48C(1) An approved shooting club must ensure a range use register, 13
in the approved form, is available at each of its ranges at all times when the 14
range is being used to discharge weapons. 15
`(2) Before a person uses a range of an approved shooting club to 16
discharge a weapon, the person must enter in the range use register the 17
details provided for by the register regarding the person's identity and the 18
type of weapon the person will use on the range. 19
Maximum penalty--10 penalty units 20
`(3) A person must not make an entry in a range use register book that is 21
false or misleading 22
Maximum penalty--10 penalty units. 23
of notice on approved shooting club 24
`Service
`3.48D(1) A notice required or permitted by this Division to be served 25
on an approved shooting club may be served on the shooting club's 26
nominee. 27
`(2) Subsection (1) does not affect the operation of any other law that 28
authorises the service of the document in another way. 29
22
Weapons Amendment
4A--Approved ranges 1
`Division
for range approval 2
`Application
`3.48E(1) Application may be made to an authorised officer to approve a 3
range for weapons target shooting. 4
`(2) The application must-- 5
(a) be in the approved form; and 6
(b) provide the further particulars reasonably required by the 7
authorised officer; and 8
(c) be accompanied by the fee prescribed by regulation. 9
on approvals 10
`Limits
`3.48F(1) Approval may only be granted to a range for-- 11
(a) Schedule 2 weapons; or 12
(b) Schedule 3 weapons. 13
`(2) Approval may not be granted to a range for both Schedule 2 and 14
Schedule 3 weapons. 15
`(3) Approval may only be granted to a range for Schedule 2 weapons if 16
the range is conducted by an approved shooting club. 17
officer may grant or refuse range approval 18
`Authorised
`3.48G(1) The authorised officer may grant the approval if the authorised 19
officer is satisfied-- 20
(a) the range will be used for the sport of target shooting; and 21
(b) the location, construction and equipment of the range is 22
appropriate having regard to the need to protect persons from 23
death or injury and property from unlawful destruction or 24
damage; and 25
(c) the application complies with section 3.48E and 3.48F. 26
`(2) An approval must be given in the approved form. 27
23
Weapons Amendment
officer to give reasons for refusing to grant approval 1
`Authorised
`3.48H The authorised officer may refuse to grant the approval by 2
written notice given to the applicant stating the reasons for the refusal. 3
to apply to approval 4
`Conditions
`3.48I(1) If an authorised officer grants the approval, the authorised 5
officer may impose conditions applying to the approval. 6
`(2) The authorised officer may impose conditions about-- 7
(a) the location, construction, equipment and maintenance of the 8
range; and 9
(b) matters prescribed by regulation. 10
`(3) In imposing conditions, the authorised officer must have regard to 11
the need to protect persons from death or injury and property from unlawful 12
destruction or damage. 13
`(4) The conditions must be specified in the approval or by written notice 14
given to the applicant. 15
officer may amend approval conditions 16
`Authorised
`3.48J(1) An authorised officer may amend the conditions applying to an 17
approval-- 18
(a) on the application of the range operator; or 19
(b) on the initiative of the authorised officer. 20
`(2) In making an amendment under subsection (1), the authorised 21
officer must have regard to the need to protect persons from death or injury 22
and property from unlawful destruction or damage. 23
`(3) Before making an amendment under subsection (1)(b), the 24
authorised officer must-- 25
(a) give written notice to the range operator -- 26
(i) of the details of the proposed amendment; and 27
(ii) that the range operator may make written submissions to the 28
authorised officer about the proposed amendment before a 29
24
Weapons Amendment
specified day (not earlier than 21 days after the notice is 1
given to the range operator); and 2
(b) have regard to submissions made to the authorised officer by the 3
range operator before the specified day. 4
`(4) If an authorised officer amends the conditions applying to an 5
approval, the authorised officer must give written notice of the amendment 6
to the range operator. 7
`(5) The amendment takes effect-- 8
(a) on the day the written notice of the amendment is given to the 9
range operator; or 10
(b) if a later day is specified in the notice--the specified day. 11
`(6) An authorised officer may refuse to make an amendment under 12
subsection (1)(a) by written notice given to the range operator stating the 13
reasons for the refusal. 14
officer may make temporary amendment of conditions 15
`Authorised
`3.48K(1) An authorised officer may make a temporary amendment of 16
the conditions applying to an approval if the authorised officer considers, on 17
reasonable grounds, that it is necessary to make the amendment to protect a 18
person from death or injury or property from unlawful destruction or 19
damage. 20
`(2) An authorised officer may make an amendment under 21
subsection (1) by written notice given to the range operator stating the 22
reasons for the amendment. 23
`(3) The amendment takes effect-- 24
(a) on the day the written notice of the amendment is given to the 25
range operator; or 26
(b) if a later day is specified in the notice--the specified day. 27
`(4) The amendment has effect for 28 days unless-- 28
(a) the notice specifies a shorter period; or 29
(b) the authorised officer extends the amendment for a single further 30
specified period (not longer than 28 days). 31
25
Weapons Amendment
`(5) An authorised officer may extend an amendment under 1
subsection (4)(b) by written notice given to the range operator stating the 2
reasons for the extension. 3
or suspending approval 4
`Revoking
`3.48L(1) An authorised officer may revoke or suspend an approval if-- 5
(a) a range operator or a range officer contravenes this Act; or 6
(b) the authorised officer believes, on reasonable grounds, that it is 7
necessary to revoke or suspend the approval to protect a person 8
from loss of life or injury, or property from unlawful destruction 9
or damage. 10
`(2) The authorised officer must give written notice of the revocation or 11
suspension to the range operator. 12
`(3) The notice must specify-- 13
(a) if the permit has been suspended--the period of suspension; and 14
(b) the reasons for the revocation or suspension. 15
`(4) The revocation or suspension takes effect-- 16
(a) on the day the notice is given to the range operator; or 17
(b) if a later day is specified in the notice--the specified day. 18
`(5) A shooting club permit that is suspended stops having effect until 19
the suspension is lifted. 20
can be dealt with in conjunction with shooting club permit 21
`Range
`3.48M An application, grant of approval or notice under this Division 22
may be included in an application, issue of permit or notice respectively 23
under Division 4. 24
of range operator 25
`Responsibilities
`3.48N(1) In this section-- 26
"range operator" means the person conducting an approved range under 27
the approval given under this Division and, if the approval is issued to 28
26
Weapons Amendment
an unincorporated body or association of persons, includes each 1
member of the body's or association's governing body. 2
`(2) A range operator must ensure every person who physically 3
possesses or uses a weapon at the approved range is properly supervised by 4
a person (a "range officer") who holds a licence authorising the person to 5
possess that type of weapon. 6
`(3) A range operator must ensure the name of each range officer 7
supervising persons using the approved range is prominently displayed at 8
the range at any time when a weapon is discharged. 9
`(4) A range operator must take all reasonable steps to ensure a person 10
attending the approved range does not contravene this Act. 11
Maximum penalty--20 penalty units. 12
of range officer 13
`Responsibilities
`3.48O A range officer supervising an approved shooting range must 14
take all reasonable steps to ensure a person attending the range does not 15
contravene this Act. 16
Maximum penalty--20 penalty units. 17
of person attending an approved range 18
`Responsibilities
`3.48P(1) A person attending an approved range must not physically 19
possess or use a weapon unless the possession or use-- 20
(a) is authorised under-- 21
(i) a licence issued to the person; or 22
(ii) section 3.2 (Physical possession and use of weapons 23
sometimes allowed for the purpose of training a minor); or 24
(iii) section 3.3 (An unlicensed person may use a weapon at an 25
approved range); and 26
(b) is permitted by the range officer; and 27
(c) complies with the conditions on which the range was approved, 28
including, for example, that it is a weapon of a type for which the 29
range was approved. 30
27
Weapons Amendment
`(2) A person attending an approved range must not use a weapon in a 1
way that is likely to cause death or injury to a person or unlawful 2
destruction of, or damage to, property. 3
Maximum penalty--20 penalty units. 4
of Schedule 1 weapon on approved range is unlawful 5
`Possession
`3.48Q A person must not physically possess or use a Schedule 1 6
weapon at an approved shooting range. 7
Maximum penalty--20 penalty units.'. 8
of s.3.50 (Conditions of approval) 9
Amendment
Clause13. Section 3.50 (at the end)-- 10
insert-- 11
`(2) Subsection (1)(b), (c) and (d) do not apply to the use of a paint pellet 12
gun at a shooting gallery used solely for paint pellet sports.'. 13
of s.3.52 (Conduct of persons resorting to shooting 14
Amendment
galleries) 15
Clause14. Section 3.52 (at the end)-- 16
insert-- 17
`(2) Subsection (1)(a), (b), (c)(i) and (ii) do not apply to the use of a paint 18
pellet gun at a shooting gallery used solely for paint pellet sports.'. 19
of s.3.56 (Use of theatrical ordnance supplies) 20
Replacement
Section 3.56-- 21
Clause15.
omit, insert-- 22
may be supplied for theatre, film and television 23
`Weapons
productions 24
`3.56(1) The holder of a theatrical ordnance supplier's licence may 25
supply a weapon under the licence to a person only for the purpose of the 26
28
Weapons Amendment
person using the weapon in a theatrical, film or television production. 1
`(2) If the licence held by a theatrical ordnance supplier only allows the 2
licensee to supply a weapon to a specified person, or type of person, the 3
licensee may supply a weapon only to the specified person or type of 4
person. 5
Maximum penalty--10 penalty units.'. 6
of new s.3.56A 7
Insertion
Clause16. After section 3.56-- 8
insert-- 9
of use of weapons in theatre, film and television 10
`Supervision
productions 11
`3.56A(1) In this section-- 12
"licensee" means a person who holds a theatrical ordnance supplier's 13
licence; 14
"personal supervision" by a licensee means-- 15
(a) personal supervision by the licensee; or 16
(b) personal supervision by an employee of the licensee who is 17
eligible to obtain a theatrical ordnance supplier's licence. 18
`(2) A licensee must, by personal supervision, ensure that a weapon 19
supplied by the licensee to another person under the licence is properly 20
used. 21
Maximum penalty--10 penalty units. 22
`(3) If a licensee considers that a weapon supplied by the licensee under 23
the licence is being improperly used, the licensee must immediately take all 24
appropriate steps-- 25
(a) to ensure the weapon is properly used; or 26
(b) to recover the weapon. 27
Maximum penalty--10 penalty units. 28
`(4) For the purpose of this section, a weapon is properly used if it-- 29
29
Weapons Amendment
(a) is used only for the theatre, film and television production for 1
which it was supplied; and 2
(b) is not used in an unlawful way; and 3
(c) is not used in a way that may cause death of, or injury to, any 4
person or the unlawful destruction of, or damage to, property.'. 5
of Part 3, Division 7 (Security guards) 6
Replacement
Part 3, Division 7-- 7
Clause17.
omit, insert-- 8
7--Security guards and security organisations 9
`Division
armed security guard must be licensed 10
`An
`3.60 A person must not, in performing duties as a security guard, 11
physically possess a weapon unless the person holds a licence prescribed by 12
regulation for a security guard ("security guard's weapons licence"). 13
Maximum penalty--20 penalty units 14
courses for security guards 15
`Training
`3.61(1) A person may be issued with a security guard's weapons 16
licence only if the person has satisfactorily completed a training course 17
approved by the Commissioner. 18
`(2) A person who holds a security guard's weapons licence must 19
satisfactorily complete a training course approved by the Commissioner as 20
often as required by regulation. 21
`(3) If a person who holds a security guard's weapons licence does not 22
comply with subsection (2), an authorised officer, by written notice given to 23
the person-- 24
(a) may cancel the licence; or 25
(b) suspend the licence until the person completes the course. 26
30
Weapons Amendment
over way security guard carries weapon 1
`Control
`3.62 A person who carries a weapon in performing duties as a security 2
guard must carry the weapon only in the way prescribed by regulation. 3
Maximum penalty--10 penalty units. 4
guard must record prescribed information 5
`Security
`3.63(1) A person who possess or uses a weapon in performing duties 6
as a security guard must, as prescribed by regulation, record information 7
about the possession or use in the register book mentioned in section 3.65 8
kept by the security guard's security organisation. 9
Maximum penalty--10 penalty units. 10
`(2) A regulation may specify the type of information that must be 11
recorded and the time it must be recorded. 12
of security organisation in relation to the possession or 13
`Obligations
use of a weapon 14
`3.64(1) In this section-- 15
"employee" of a security organisation includes a person engaged in any 16
way by the security organisation to perform duties for it. 17
`(2) A security organisation must not-- 18
(a) possess a weapon; or 19
(b) allow an employee to have physical possession of a weapon 20
while performing duties for the organisation; 21
unless the security organisation has been issued with the licence for a 22
security organisation prescribed by regulation. 23
`(3) A security organisation may only physically possess or use a 24
weapon as prescribed by regulation. 25
`(4) A security organisation must ensure an employee of the security 26
organisation only physically possesses or uses a weapon as prescribed by 27
regulation. 28
Maximum penalty--100 penalty units. 29
31
Weapons Amendment
of security organisation in relation to register 1
`Obligations
`3.65(1) A security organisation must-- 2
(a) keep a register book in the approved form; and 3
(b) record in the register, as prescribed by regulation, information 4
about its, and its employees', possession or use of weapons; and 5
(c) make the register available for inspection as prescribed by 6
regulation. 7
`(2) A person must not make an entry in the register book that is false or 8
misleading. 9
`(3) A regulation may prescribe-- 10
(a) the type of information that must be recorded in the register book; 11
and 12
(b) the time when the information must be recorded; and 13
(c) who must record the information on behalf of the security 14
organisation; and 15
(d) procedures the security organisation must undertake to verify an 16
entry in the register book. 17
Maximum penalty--20 penalty units. 18
of members of governing body of security organisation 19
`Obligation
`3.66 Each member of the governing body of a security organisation 20
must ensure the security organisation complies with this Division. 21
Maximum penalty--20 penalty units. 22
by police officer 23
`Inspection
`3.67 If a police officer inspects a register book of a security 24
organisation, the police officer may make endorsements in the book about 25
the time the inspection was made and any comments about the inspection.'. 26
32
Weapons Amendment
of s.4.6 (Powers in respect to premises specified in 1
Amendment
licences or approvals under Act) 2
Clause18. Section 4.6(a)-- 3
omit, insert-- 4
`(a) at any reasonable time enter and remain on-- 5
(i) the premises of an approved shooting club or a shooting 6
club that is required to hold a shooting club permit; or 7
(ii) the premises of a shooting gallery; or 8
(iii) a range; or 9
(iv) the premises of a collector, dealer, armourer or theatrical 10
ordnance supplier; or'. 11
of s.4.9 (Seizure and detention of weapons etc.) 12
Amendment
Section 4.9(1)-- 13
Clause19.
omit, insert-- 14
`4.9(1) A police officer may seize and retain a thing mentioned in 15
subsection (1A) if the police officer-- 16
(a) suspects, on reasonable grounds, that-- 17
(i) an offence against this Act has been, is being or is about to 18
be committed; and 19
(ii) the thing may have been, or may be, used or otherwise 20
involved in the commission of the offence; or 21
(b) believes on reasonable grounds that the thing will provide 22
evidence of the commission of an offence against this Act. 23
`(1A) Subsection (1) applies to the following-- 24
(a) a weapon; 25
(b) a replica of a weapon; 26
(c) a powerhead, explosive tool, captive bolt humane killer, spear 27
gun, longbow or crossbow; 28
(d) a replica of a spear gun, longbow or crossbow; 29
33
Weapons Amendment
(e) ammunition; 1
(f) a licence; 2
(g) a book or register; 3
(h) a thing mentioned in section 3.15.'. 4
of s.5.1 (Appeals) 5
Replacement
Section 5.1-- 6
Clause20.
omit, insert-- 7
to appeal against decisions 8
`Right
`5.1(1) This section applies to the following decisions-- 9
(a) a decision refusing an application for a licence, permit, approval 10
or other authority under this Act; 11
(b) a decision refusing to accept the nomination of a person by an 12
applicant for a shooting club permit; 13
(c) a decision refusing to accept a nominee notice under section 3.46; 14
(d) a decision imposing or amending a condition applying to a 15
licence, permit, approval or other authority under this Act; 16
(e) a decision revoking or suspending a licence, permit, approval or 17
other authority under this Act. 18
`(2) A person aggrieved by a decision to which this section applies may 19
appeal against the decision. 20
`(3) The appeal may be made to the Magistrates Court nearest the place 21
where the appellant resides or carries on, or proposes to carry on, the 22
business or activity which the decision affects. 23
to start appeal 24
`How
`5.1A(1) An appeal is started by-- 25
(a) filing a written notice of appeal with the clerk of the court of the 26
Magistrates Court; and 27
(b) serving a copy of the notice on an authorised officer. 28
`(2) The notice of appeal must be filed within 28 days after the appellant 29
34
Weapons Amendment
receives notice of the decision appealed against. 1
`(3) The Court may at any time extend the period for filing the notice of 2
appeal. 3
`(4) The notice of appeal must state the grounds of the appeal. 4
of appeal on decision 5
`Effect
`5.1B An appeal against a decision does not affect the decision, subject 6
to-- 7
(a) section 5.1C (Appellant may carry on certain business pending 8
appeal); and 9
(b) section 5.1D (Stay of operation of decision). 10
may carry on business pending appeal 11
`Appellant
`5.1C A person who appeals against-- 12
(a) the refusal to renew a dealer's licence, armourer's licence or 13
theatrical ordnance supplier's licence; or 14
(b) the revocation of a dealer's licence, armourer's licence or 15
theatrical ordnance supplier's licence; 16
is entitled, until the appeal is decided, to carry on business as if the licence 17
had been renewed or had not been revoked. 18
of operation of decision 19
`Stay
`5.1D(1) The Court has power to grant a stay of a decision appealed 20
against for the purpose of securing the effectiveness of the appeal. 21
`(2) A stay-- 22
(a) may be granted on conditions that the Court considers 23
appropriate; and 24
(b) has effect for the period specified by the Court; and 25
(c) may be revoked or amended by the Court. 26
35
Weapons Amendment
`(3) The period of a stay specified by the Court must not extend past the 1
time when the Court decides the appeal. 2
procedures 3
`Hearing
`5.1E.(1) The power under the Magistrates Courts Act 1921 to make 4
rules for Magistrates Courts includes power to make rules for appeals to 5
Magistrates Courts under this Act. 6
`(2) The procedure for an appeal to a Magistrates Court under this Act is 7
to be in accordance with-- 8
(a) the rules made under the Magistrates Courts Act 1921; or 9
(b) in the absence of relevant rules--directions of the Court. 10
`(3) An appeal is to be by way of rehearing, unaffected by the decision 11
appealed against. 12
`(4) In deciding an appeal, the Court-- 13
(a) is not bound by the rules of evidence; and 14
(b) must observe natural justice; and 15
(c) may hear the appeal in court or chambers. 16
of Court on appeal 17
`Powers
`5.1F.(1) In deciding an appeal, the Court may-- 18
(a) confirm the decision appealed against; or 19
(b) set aside the decision and substitute another decision; or 20
(c) set aside the decision and return the matter to an authorised officer 21
with directions that the Court considers appropriate. 22
`(2) In substituting another decision, the Court has the same powers as 23
an authorised officer. 24
Example-- 25
The Court may decide that an unsuccessful applicant for a licence be 26
granted the licence either unconditionally or on particular conditions. 27
36
Weapons Amendment
`(3) If the Court substitutes another decision, the substituted decision is 1
taken, for the purposes of this Act, to be an authorised officer's decision. 2
`Appeal to District Court on questions of law only 3
`5.1G A party aggrieved by the decision of the Court may appeal to a 4
District Court, but only on a question of law.'. 5
of s.6.1 (Detention and disposal of weapons in police 6
Amendment
custody) 7
Clause21.(1) Section 6.1(1)(c)-- 8
omit `one year', insert `3 months'. 9
(2) Section 6.1(1)(c)-- 10
omit `Minister', insert `Commissioner'. 11
(3) Section 6.1(4)-- 12
omit `Minister directs', insert `Commissioner directs, subject to the 13
Explosives Act 1952,'. 14
of s.6.2 (Disqualification by a court) 15
Amendment
Clause22. Section 6.2(1)(c)-- 16
omit `weapon', 17
insert `weapon, ammunition, powerhead, explosive tool, captive bolt 18
humane killer, spear gun, longbow or crossbow'. 19
of new s.6.4A 20
Insertion
Clause23. After section 6.4-- 21
insert-- 22
or misleading information 23
`False
`6.4A(1) In this section-- 24
"application" means an application for a licence, permit, approval or other 25
authority under this Act; 26
37
Weapons Amendment
"notice" means a notice under section 3.48 or 3.48J. 1
`(2) A person must not-- 2
(a) state anything in or in connection with an application, or in 3
response to a notice, that the person knows is false or misleading 4
in a material particular; or 5
(b) omit from a statement made in or in connection with an 6
application, or in response to a notice, anything without which the 7
statement is, to the person's knowledge, false or misleading in a 8
material particular. 9
Maximum penalty--20 penalty units. 10
`(3) A complaint against a person for an offence against subsection (2)(a) 11
or (b) is sufficient if it states that the statement was false or misleading to 12
the person's knowledge.'. 13
of s.6.9 (Evidentiary provisions) 14
Amendment
Clause24.(1) Section 6.9(1)(c) to (e)-- 15
omit, insert-- 16
`(c) a statement in a complaint under the Justices Act 1886 of any of 17
the following matters is evidence of the matter-- 18
(i) a place is or is not an approved range; 19
(ii) a club or an organisation is or is not an approved shooting 20
club; 21
(iii) a person is or is not of a particular age; 22
(iv) a person was, or was not, the holder of a specified licence, 23
permit, approval or other approval issued or granted under 24
this Act at or during a specified time; and 25
(d) a certificate purporting to be signed by an authorised officer 26
stating any of the following matters is evidence of the matter-- 27
(i) a specified document is a licence, permit or approval or other 28
document issued or granted under this Act or a copy of the 29
document; 30
(ii) at or during a specified time, in relation to a place, person, 31
38
Weapons Amendment
club or organisation there was or was not a specified licence, 1
permit, approval or other authority issued or granted under 2
this Act; 3
(iii) a licence, permit, approval or other authority granted or 4
issued under this Act was subject to the terms, conditions or 5
restrictions stated in the document.'. 6
(2) Section 6.9(1)(f) to (h)-- 7
renumber as section 6.9(1)(e) to (g) respectively. 8
(3) After section 6.9(2)-- 9
insert-- 10
`(3) Unless the tribunal of fact considers the interests of justice require 11
that opinion evidence be given, the tribunal of fact may decide whether a 12
thing produced to it, and examined by it, is 1 of the following without the 13
assistance of opinion evidence-- 14
(a) a weapon; 15
(b) a particular type of weapon; 16
(c) a power head, explosive tool, captive bolt humane killer, spear 17
gun, longbow or crossbow; 18
(d) a replica of a weapon; 19
(e) a firearm; 20
(f) a thing mentioned in section 3.15.'. 21
of s.6.10 (Service of notice, orders etc.) 22
Amendment
Clause25. Section 6.10 (at the end)-- 23
insert-- 24
`(5) Subsection (4) applies to the service of a notice on a range operator 25
that is an unincorporated body or association of persons.'. 26
39
Weapons Amendment
of Schedule 5 1
Omission
Schedule 5-- 2
Clause26.
omit. 3
of new Part 7 4
Insertion
Clause27. After section 6.15-- 5
insert-- 6
`PART 7--TRANSITIONAL AND SAVINGS 7
PROVISIONS 8
of licences issued under Firearms and Offensive Weapons Act 9
`Saving
1979 10
`7.1 A licence in force under the Firearms and Offensive Weapons Act 11
1979 immediately before the commencement of this Act continues in force 12
under this Act for the period for which it was issued. 13
of certificates etc. 14
`Saving
`7.2 A certificate, entry, copy, extract, document, order, warrant or other 15
authority in force under the Firearms and Offensive Weapons Act 1979 16
immediately before the commencement of this Act continues in force under 17
this Act until it expires or is cancelled, suspended, surrendered or otherwise 18
dealt with under this Act. 19
of approvals 20
`Saving
`7.3(1) An approval granted to a club or organisation as an approved club 21
under section 3.38(2) before, and in force immediately before, the 22
commencement of this Part is taken, after the commencement, to be a 23
shooting club permit granted to the club or organisation as an approved 24
shooting club under section 3.41. 25
`(2) An approval granted under section 3.41(1) for a range before, and in 26
force immediately before, the commencement of this Part is taken to be an 27
approval granted under section 3.48G after the commencement. 28
40
Weapons Amendment
and renumbering of Act 1
`Numbering
`7.4 In the first reprint of the Act produced under the Reprints Act 1992, 2
section 43 (Numbering and renumbering of provisions) of the Reprints Act 3
1992 must be used.'. 4
5
41
Weapons Amendment
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
section 3 3
1. Section 2.2(6)-- 4
omit `approved club', insert `approved shooting club'. 5
2. Section 2.2(6)(b)-- 6
omit `prescribed form', insert `approved form'. 7
3. Section 2.2(7)-- 8
omit `an approved club', insert `an approved shooting club'. 9
4. Section 2.4(a)-- 10
omit `an approved club', insert `an approved shooting club'. 11
5. Section 2.5(a)-- 12
omit `prescribed', insert `approved'. 13
6. Section 2.8(a)-- 14
omit `prescribed', insert `approved'. 15
7. Section 2.9(2)(a)-- 16
omit `prescribed', insert `approved'. 17
42
Weapons Amendment
SCHEDULE (continued)
8. Section 2.10-- 1
omit `prescribed', insert `approved'. 2
9. Section 2.14(1)-- 3
omit `prescribed form', insert `approved form'. 4
10. Section 2.17(a)-- 5
omit `prescribed ', insert `approved'. 6
11. Section 2.18(2)(a)-- 7
omit `prescribed', insert `approved'. 8
12. Section 2.18(5)(b)-- 9
omit `an approved club', insert `an approved shooting club'. 10
13. Section 2.18(5)(b)-- 11
omit `prescribed form', insert `approved form'. 12
14. Section 2.19(1) and (2)-- 13
omit `prescribed', insert `approved'. 14
15. Section 3.15 (heading)-- 15
omit, insert-- 16
`Possessing and acquiring non-Schedule items prohibited'. 17
16. Section 3.19(1)-- 18
omit `prescribed form', insert `approved form'. 19
43
Weapons Amendment
SCHEDULE (continued)
17. Section 3.20-- 1
omit `prescribed', insert `approved'. 2
18. Section 3.26(2)-- 3
omit `prescribed', insert `approved'. 4
19. Section 3.26(4)-- 5
omit `prescribed', insert `approved'. 6
20. Section 3.27(1)(c)-- 7
omit `prescribed', insert `approved'. 8
21. Section 3.29(1)-- 9
omit `prescribed', insert `approved'. 10
22. Section 3.29(2) (before `form')-- 11
insert `prescribed'. 12
23. Section 3.31(1)-- 13
omit `prescribed form', insert `approved form'. 14
24. Section 3.31(2)(b)-- 15
omit `prescribed', insert `approved'. 16
25. Section 3.34(1)-- 17
omit `prescribed form', insert `approved form'. 18
44
Weapons Amendment
SCHEDULE (continued)
26. Section 3.49(4)-- 1
omit `prescribed', insert `approved'. 2
27. Section 3.51(1)-- 3
omit `prescribed', insert `approved'. 4
28. Section 3.51(2)-- 5
omit `prescribed', insert `approved'. 6
29. Section 3.55(1)-- 7
omit `prescribed form', insert `approved form'. 8
30. Section 3.57(2)-- 9
omit `prescribed', insert `approved'. 10
31. Section 3.58-- 11
omit `prescribed', insert `approved'. 12
32. Section 3.63(1)-- 13
omit `prescribed form', insert `approved form'. 14
33. Section 4.2(2)-- 15
omit `requested', insert `required'. 16
34. Section 4.4-- 17
omit `section 4.7', insert `section 4.8'. 18
45
Weapons Amendment
SCHEDULE (continued)
35. Section 4.4(1)-- 1
omit `a form prescribed by regulation', insert `the approved form'. 2
36. Section 4.9 (heading)-- 3
omit `detention', insert `retention'. 4
37. Section 6.1 (heading)-- 5
omit `Detention', insert `Retention'. 6
38. Section 6.1(1)(a)-- 7
omit `detained', insert `retained'. 8
39. Section 6.4(1)(a)-- 9
omit. 10
40. Section 6.15-- 11
omit, insert-- 12
`Regulations 13
`6.15.(1) The Governor in Council may make regulations for the 14
purposes of this Act. 15
`(2) The Governor in Council may make regulations with respect to the 16
matters mentioned in Schedule 4. 17
`(3) A regulation may provide for an offence punishable by a maximum 18
penalty of 10 penalty units.'. 19
41. Schedule 2, item 3-- 20
omit. 21
46
Weapons Amendment
SCHEDULE (continued)
42. Schedule 3 (at the end)-- 1
insert-- 2
`2. A miniature cannon under 120 cm in barrel length that is a black 3
powder and muzzle loading cannon, depicting a scale model of an historical 4
artillery piece or naval gun.'. 5
6
© State of Queensland 1993
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