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Queensland
WEAPONS AND OTHER
LEGISLATION
AMENDMENT BILL 1997
Queensland
WEAPONS AND OTHER LEGISLATION
AMENDMENT BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF WEAPONS ACT 1990
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 2 (Application of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Insertion of new ss 6A and 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
6A What is a "replica" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
6B Meaning of "security guard" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Amendment of s 7 (How a firearm is made "permanently inoperable") . . 13
8 Amendment of s 10 (Limitations on issue of licence) . . . . . . . . . . . . . . . . . 13
9 Amendment of s 13 (Application for licence) . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Amendment of s 14 (Inquiries into application) . . . . . . . . . . . . . . . . . . . . . . 15
11 Amendment of s 15 (Authorised officer decides application) . . . . . . . . . . . 16
12 Amendment of s 20 (Term of licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Amendment of s 24 (Change in licensee's circumstances) . . . . . . . . . . . . . 17
14 Amendment of s 28 (Suspension of licence) . . . . . . . . . . . . . . . . . . . . . . . . . 18
15 Amendment of s 29 (Revocation of licence) . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Amendment of s 32 (Temporary recognition of interstate licences
for particular purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17 Amendment of pt 3 (Acquisition and sale of weapons) . . . . . . . . . . . . . . . . 19
18 Amendment of s 35 (Acquisition of weapons) . . . . . . . . . . . . . . . . . . . . . . . 20
2
Weapons and Other Legislation Amendment
19 Amendment of s 36 (Sale of weapons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
20 Amendment of s 39 (Limitations on issue of permits to acquire) . . . . . . . . 22
21 Amendment of s 41 (Inquiries into application) . . . . . . . . . . . . . . . . . . . . . . 22
22 Insertion of new s 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
51 Possession of a knife in night clubs . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 Amendment of s 52 (Physical possession and use of weapon
sometimes allowed for the purpose of training a minor) . . . . . . . . . . . . . . . 24
24 Amendment of s 55 (Use of weapons by unlicensed person at
shooting gallery allowed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Insertion of new s 55A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
55A Possession of weapons supplied by theatrical ordnance supplier . . 25
26 Insertion of new s 60A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
60A Lost or stolen weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
27 Replacement of s 67 (Possessing and acquiring particular items
prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
67 Possessing and acquiring restricted items . . . . . . . . . . . . . . . . . . . . . 26
28 Amendment of div heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Replacement of s 70 (Age of employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
70 Employees of dealers and armourers . . . . . . . . . . . . . . . . . . . . . . . . . 26
30 Amendment of s 72 (Annual returns by licensed dealers) . . . . . . . . . . . . . . 27
31 Amendment of s 73 (Dealer etc. to require information) . . . . . . . . . . . . . . . 27
32 Amendment of s 75 (Collector to be licensed) . . . . . . . . . . . . . . . . . . . . . . . 27
33 Amendment of s 77 (Collector's licence (weapons)) . . . . . . . . . . . . . . . . . . 27
34 Amendment of s 100 (Limits on approvals) . . . . . . . . . . . . . . . . . . . . . . . . . 28
35 Amendment of s 101 (Authorised officer may grant or refuse
range approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
36 Amendment of s 108 (Responsibilities of range operator) . . . . . . . . . . . . . . 28
37 Amendment of s 110 (Responsibilities of person attending an
approved range) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
38 Amendment of s 115 (Theatrical ordnance suppliers to be licensed) . . . . . 29
39 Replacement of s 116 (Age of employees) . . . . . . . . . . . . . . . . . . . . . . . . . . 29
116 Employees of theatrical ordnance suppliers . . . . . . . . . . . . . . . . . . . 29
3
Weapons and Other Legislation Amendment
40 Replacement of s 125 (Control over way security guard carries
weapon) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
125 Control of possession and use of weapons by security guards . . . . . 30
41 Amendment of s 126 (Security guard must record prescribed
information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
42 Insertion of new s 126A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
126A Obligation of security guard carrying on business to keep
register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
43 Amendment of s 155 (Disqualification by a court) . . . . . . . . . . . . . . . . . . . . 31
44 Omission of s 160 (Allegation and proof of circumstances of
aggravation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
45 Insertion of new s 168A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
168A Particular landowners to keep permit register . . . . . . . . . . . . . . . . . . 32
46 Amendment of s 173 (Definitions for pt 8) . . . . . . . . . . . . . . . . . . . . . . . . . . 33
47 Amendment of s 174 (Existing licences continue during amnesty) . . . . . . 33
48 Amendment of s 179 (Compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49 Amendment of s 180 (Expiry of pt 8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
50 Omission of sch 1 (Categories of weapons) . . . . . . . . . . . . . . . . . . . . . . . . . 34
51 Amendment of sch 2 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 34
PART 3--AMENDMENT OF DRUGS MISUSE ACT 1986
52 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
53 Omission of s 60 (Non-application of Statutory Instruments Act, pt 7) . . . 35
PART 4--AMENDMENT OF STATUTORY INSTRUMENTS ACT
1992
54 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
55 Amendment of s 57 (Part does not apply to some subordinate
legislation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
56 Insertion of new sch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART 5--GENERAL
57 Making of Weapons Categories Regulation 1997 . . . . . . . . . . . . . . . . . . . . . 36
58 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 37
WEAPONS CATEGORIES REGULATION 1997
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4
Weapons and Other Legislation Amendment
2 Category A weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
3 Category B weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4 Category C weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
5 Category D weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
6 Category E weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
7 Category H weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
8 Category R weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
9 Restricted items (Act, s 67) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 42
MINOR AMENDMENTS
1997
A BILL
FOR
An Act to amend the Weapons Act 1990, and for other purposes
s1 6 s4
Weapons and Other Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Weapons and Other Legislation 4
Amendment Act 1997. 5
6
Commencement
Clause 2.(1) Sections 3, 4 and 471 commence on the date of assent. 7
(2) The remaining provisions commence on a day to be fixed by 8
proclamation. 9
PART 2--AMENDMENT OF WEAPONS ACT 1990 10
amended 11
Act
Clause 3. This part and schedule 2 amend the Weapons Act 1990. 12
of s 2 (Application of Act) 13
Amendment
Clause 4.(1) Section 2(a)-- 14
insert-- 15
1 Sections 4 (Amendment of s 2 (Application of Act)) and 47 (Amendment of
s 174 (Existing licences continue during amnesty))
s4 7 s4
Weapons and Other Legislation Amendment
`(iii) a member in a cadet force2 under the Cadet Forces Regulations 1
(Cwlth)3 in relation to the member's possession and use of a 2
weapon when participating in the activities of the cadet force in 3
which the person is a member; or'. 4
(2) Section 2(f) and (j)-- 5
omit. 6
(3) Section 2(g), `to become a security guard for a security 7
organisation,'-- 8
omit. 9
(4) Section 2(a)(i) and (ii), (b), (c), (e), (g) to (i), (k) and (l), at the end-- 10
insert-- 11
`or'. 12
(5) Section 2-- 13
insert-- 14
`(2) This Act does not apply to a government service entity or an 15
employee of a government service entity in relation to the entity's or 16
employee's acquisition, possession or use of a weapon as part of the 17
performance of-- 18
(a) the functions of the entity or employee; or 19
(b) if the functions of the entity or employee are prescribed under a 20
regulation--those functions of the entity or employee that are 21
prescribed. 22
`(3) Subsection (2) does not exempt a government service entity or an 23
employee of a government service entity from-- 24
2 The Cadet Forces Regulations, section 2 provides--
"cadet force" means the Naval Reserve Cadets, the Australian Cadet Corps or the
Air Training Corps;
"member" means an officer, instructor or cadet in a cadet force.
3 The Cadet Forces Regulations are in force under the Defence Act 1903 (Cwlth),
the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth).
s4 8 s4
Weapons and Other Legislation Amendment
(a) the application of section 604 or provisions of a regulation dealing 1
with the safe handling and storage of weapons; or 2
(b) the application of the remaining provisions of this Act to the 3
possession or use of a weapon unless the entity or employee 4
complies with the conditions stated in subsection (4). 5
`(4) The conditions are-- 6
(a) for a government service entity-- 7
(i) the entity notifies the commissioner, in the approved form, 8
of the acquisition or sale of a weapon within 14 days after 9
acquiring or selling the weapon; and 10
(ii) the entity keeps, on a register in a form approved by the 11
commissioner and kept for the purpose, the following 12
details-- 13
(A) where the weapon is stored; 14
(B) the name of each employee to whom a weapon is 15
issued and the date and time when the weapon is issued 16
to the employee and returned by the employee; and 17
(iii) at least 14 days before the entity issues the weapon to a 18
particular employee for the first time, it gives the 19
commissioner the information about the employee the 20
commissioner reasonably needs to be satisfied the employee 21
is a fit and proper person to possess the weapon; and 22
(iv) the entity issues the weapon to an employee only if it is 23
satisfied-- 24
(A) the performance of the employee's functions 25
necessarily requires the employee to have possession of 26
the weapon; and 27
(B) the employee holds a firearms licence; and 28
(C) the employee is properly trained in the use of the 29
weapon; and 30
4 Section 60 (Secure storage of weapons)
s5 9 s5
Weapons and Other Legislation Amendment
(b) for an employee of a government service entity--the employee 1
holds a firearms licence. 2
`(5) An employee mentioned in subsection (4)(a)(iv) may possess any 3
category of weapon in the performance of the employee's functions even 4
though the employee is not licensed to possess the category of weapon. 5
`(6) The condition mentioned in subsection (4)(a)(iv)(B) does not apply 6
to a prescribed service entity. 7
`(7) The condition mentioned in subsection (4)(b) does not apply to an 8
employee of a prescribed service entity. 9
`(8) In this section-- 10
"government service entity" means-- 11
(a) a department of government of the State; or 12
(b) a museum under the control of the Government of the State or the 13
Commonwealth; or 14
(c) the Queensland Corrective Services Commission; or 15
(d) another entity prescribed under a regulation that-- 16
(i) is established under an Act or under State authorisation for a 17
public or State purpose; or 18
(ii) is engaged by the State or an entity mentioned in 19
subparagraph (i) to provide a service for the State or entity; 20
but does not include the Queensland Police Service. 21
"prescribed service entity" means an entity mentioned in paragraph (c), or 22
prescribed for paragraph (d), of the definition "government service 23
entity".'. 24
of s 5 (Definitions) 25
Amendment
Clause 5.(1) Section 5, definitions "ammunition", "antique firearm", 26
"armourer", "category A", "category B", "category C", "category D", 27
"category E", "category H", "category R", "replica" and "security 28
guard"-- 29
omit. 30
s5 10 s5
Weapons and Other Legislation Amendment
(2) Section 5-- 1
insert-- 2
` "ammunition" means a thing prescribed as ammunition under the 3
Explosives Act 1952.5 4
"antique firearm" means a firearm manufactured before 1900-- 5
(a) that is-- 6
(i) a muzzle loading firearm; or 7
(ii) a cap and ball firearm; or 8
(ii) a firearm of a type approved as an antique firearm by an 9
authorised officer; or 10
(b) for which ammunition is not commercially available. 11
"armourer" means a person who stores, manufactures, modifies or repairs 12
weapons in the course of the person's business. 13
"category A" weapon see the Weapons Categories Regulation 1997, 14
section 2. 15
"category B" weapon see the Weapons Categories Regulation 1997, 16
section 3. 17
"category C" weapon see the Weapons Categories Regulation 1997, 18
section 4. 19
"category D" weapon see the Weapons Categories Regulation 1997, 20
section 5. 21
5 The Explosives Regulation 1955, section 2 provides--
"ammunition" means a class 1, 2, 3, 4 or 5 explosive (other than when in a
firework) enclosed in a case or device, or adapted or prepared to form any of
the following--
(a) a cartridge or charge for small arms, cannon, or another weapon, or for
blasting;
(b) a safety or other fuse for blasting or for shells;
(c) a tube for firing explosives;
(d) a percussion cap, detonator, fog signal, shell, torpedo, war rocket or a
similar device.
s5 11 s5
Weapons and Other Legislation Amendment
"category E" weapon see the Weapons Categories Regulation 1997, 1
section 6. 2
"category H" weapon see the Weapons Categories Regulation 1997, 3
section 7. 4
"category R" weapon see the Weapons Categories Regulation 1997, 5
section 8.6 6
"public place" means any place that the public is entitled to use, is open to 7
the public, or used by the public, whether on payment or otherwise. 8
"purchase" means obtain under a sale. 9
"replica" see section 6A. 10
"security guard" see section 6B. 11
"security guard's register" see section 126A. 12
"sell" includes-- 13
(a) sell by wholesale, retail or auction; and 14
(b) supply under a lease, exchange, hiring or other commercial 15
arrangement; and 16
(c) agree to sell; and 17
(d) cause or permit to be sold.'. 18
(3) Section 5, definition "major component part", `barrel'-- 19
omit, insert-- 20
`barrel,'. 21
(4) Section 5, definition "weapon", paragraph (a)-- 22
omit, insert-- 23
`(a) a firearm; or'. 24
6 Schedule 1 to this Act creates the Weapons Categories Regulation 1997.
Weapons for each of the categories are specified there.
s6 12 s6
Weapons and Other Legislation Amendment
of new ss 6A and 6B 1
Insertion
Clause 6. After section 6-- 2
insert-- 3
is a "replica" 4
`What
`6A.(1) A "replica of a weapon" is-- 5
(a) a reasonable facsimile or copy of a weapon, even if it is not 6
capable of discharging a projectile or substance; or 7
(b) a category A, B, C or H weapon that has been rendered 8
permanently inoperable; or 9
(c) a hand grenade that is inert. 10
`(2) A "replica"-- 11
(a) of a particular weapon--means a reasonable facsimile or copy of 12
the weapon, even if it is not capable of discharging a projectile or 13
substance; or 14
(b) of a spear gun, longbow or crossbow--means a reasonable 15
facsimile or copy of a spear gun, longbow or crossbow even if it 16
is not capable of discharging a projectile; or 17
(c) of a thing prescribed under a regulation--means anything 18
prescribed under a regulation to be a replica of the thing. 19
of "security guard" 20
`Meaning
`6B.(1) A "security guard" is a person who patrols, protects, watches 21
over or guards ("protects") the person's property or other persons or other 22
person's property-- 23
(a) in the course of carrying on a business; or 24
(b) in the course of employment. 25
s7 13 s8
Weapons and Other Legislation Amendment
1
Example--
2
A jeweller transporting jewellery in the course of carrying on a business who does
3
not engage someone else to guard the jewellery while it is being transported is a
4
`security guard'. 7
`(2) However, the following persons are not security guards-- 5
(a) a person who protects property if the protection is carried out in 6
the course of primary production; 7
(b) a person, other than a security organisation, who engages 8
someone else to protect property for the person.'. 9
of s 7 (How a firearm is made "permanently inoperable") 10
Amendment
Clause 7. Section 7-- 11
insert-- 12
`(2) However, a firearm is not taken to be permanently inoperable unless 13
a licensed armourer or a person approved by the commissioner for this 14
subsection certifies, in the approved form, the firearm as being incapable of 15
being discharged. 16
`(3) The commissioner may approve a person for subsection (2) only if 17
the commissioner is satisfied the person has the necessary expertise or 18
experience to certify that a firearm is incapable of being discharged.'. 19
of s 10 (Limitations on issue of licence) 20
Amendment
Clause 8.(1) Section 10(4)-- 21
omit, insert-- 22
`(4) For this section, a person has an adequate knowledge of safety 23
practices for the use, storage and maintenance of a weapon or category of 24
weapon if the person satisfies the commissioner the person has 25
satisfactorily completed, within the 12 month period immediately before the 26
day the person applies for the issue of a licence-- 27
7 Section 123 provides that a person must not, in performing duties as a security
guard, physically possess a weapon unless the person holds a security licence
(guard).
s8 14 s8
Weapons and Other Legislation Amendment
(a) if possession of the weapon is to be authorised under a security 1
licence (guard)-- 2
(i) the training course approved by the commissioner for 3
section 124;8 or 4
(ii) another course in safety training for weapons at least 5
equivalent to a course approved by the commissioner for 6
section 124; or 7
(b) if possession of the weapon is to be authorised under another 8
licence--a course in safety training for weapons approved by the 9
commissioner. 10
`(4A) Also, if possession of the weapon is to be authorised under a 11
licence other than a security licence (guard), it is enough for the 12
commissioner to be satisfied that a person has an adequate knowledge of 13
safety practices for the use, storage and maintenance of a weapon or 14
category of weapon because-- 15
(a) the person is authorised to possess and use a weapon of that 16
category in another jurisdiction; or 17
(b) the person has, within the 12 month period immediately before 18
the day the person applies for the issue of a licence, satisfactorily 19
completed a course in safety training for weapons at least 20
equivalent to a course approved by the commissioner under 21
subsection (4)(b).'. 22
(2) Section 10(6), `within the preceding 5 years'-- 23
omit, insert-- 24
`within the 5 year period immediately before the day the person applies 25
for the issue of a licence'. 26
(3) Section 10(6)(a)(iii), `firearms'-- 27
omit, insert-- 28
`a weapon'. 29
8 Section 124 (Training courses for security guards)
s9 15 s 10
Weapons and Other Legislation Amendment
of s 13 (Application for licence) 1
Amendment
Clause 9.(1) Section 13(4)-- 2
renumber as section 13(5). 3
(2) Section 13(3)-- 4
omit, insert-- 5
`(3) If the reason is recreational shooting, the applicant must produce-- 6
(a) written permission from a landowner authorising the applicant to 7
shoot on the landowner's rural land; or 8
(b) proof of current membership of a body prescribed under a 9
regulation for this subsection. 10
`(4) A body may be prescribed for subsection (3)(b) only if-- 11
(a) it is a landowner of rural land; or 12
(b) it holds written permission from a landowner authorising 13
members of the body to shoot on the landowner's rural land.'. 14
of s 14 (Inquiries into application) 15
Amendment
Clause 10.(1) Section 14(1)(b), `health; and'-- 16
omit, insert-- 17
`health including-- 18
(i) in relation to the applicant's physical health--a report from a 19
doctor about the applicant's physical health; and 20
(ii) in relation to the applicant's mental health--a report from a 21
doctor or psychologist about the applicant's mental health; 22
and'. 23
(2) Section 14(4) to (6)-- 24
renumber as section 14(8) to (10) respectively. 25
(3) Section 14-- 26
insert-- 27
s 11 16 s 11
Weapons and Other Legislation Amendment
`(4) If information about the applicant's mental health given under 1
subsection (1)(b) is provided in a doctor's or psychologist's report, an 2
authorised officer may-- 3
(a) make information in the officer's possession available to the 4
doctor or psychologist; and 5
(b) ask the doctor or psychologist to provide a further report. 6
`(5) The authorised officer may make the information available only if 7
the officer considers, on reasonable grounds-- 8
(a) the doctor or psychologist was not aware of the information; and 9
(b) the information may influence the doctor's or psychologist's 10
opinion about the applicant's mental health. 11
`(6) The authorised officer must also advise the applicant of the 12
information being supplied to the doctor or psychologist. 13
`(7) The authorised officer may make the information available under 14
subsection (4) despite the provisions of any other Act.'. 15
of s 15 (Authorised officer decides application) 16
Amendment
Clause 11. Section 15-- 17
insert-- 18
`(5) A person whose application is rejected because the person is not a fit 19
and proper person to hold a licence is not entitled to reapply for a licence-- 20
(a) if the person's application was rejected because the person was 21
not a fit and proper person under section 10(6)--until the day 22
section 10(6) stops having the effect that the person is not a fit 23
and proper person under that subsection; or 24
(b) otherwise--until the day 3 years after the day the application was 25
rejected.'. 26
s 12 17 s 13
Weapons and Other Legislation Amendment
of s 20 (Term of licence) 1
Amendment
Clause 12. Section 20(4)(b), after `dies'-- 2
insert-- 3
`or is disqualified from holding the licence'. 4
of s 24 (Change in licensee's circumstances) 5
Amendment
Clause 13.(1) Section 24(2) and examples for subsection (2)(a)-- 6
omit, insert-- 7
`(2) The events are-- 8
(a) any of the following that happen to the licensee or the licensee's 9
representative-- 10
(i) a change of address; 11
(ii) a change in the licensee's or the licensee's representative's 12
mental or physical fitness; 13
(iii) the conviction of the licensee or the licensee's representative 14
of an offence mentioned in section 10(6)(a)(i) to (iii); 15
(iv) the making of a domestic violence order against the licensee 16
or the licensee's representative; or 17
(b) a change in the licensee's-- 18
(i) reason or need for possessing or using a weapon; or 19
(ii) access to secure storage facilities for the licensee's weapon; 20
or 21
(c) the revocation of the licensee's permission to shoot on a 22
landowner's rural land; or 23
(d) another event prescribed under a regulation.'. 24
(2) Section 24-- 25
insert-- 26
`(5) In this section-- 27
"representative" of a licensee means a person who is endorsed-- 28
s 14 18 s 14
Weapons and Other Legislation Amendment
(a) on the licensee's licence as the licensee's representative; or 1
(b) on a permit to acquire issued to the licensee as the licensee's 2
representative.'. 3
of s 28 (Suspension of licence) 4
Amendment
Clause 14.(1) Section 28(1) and (2)-- 5
omit, insert-- 6
`28.(1) An authorised officer may, by a suspension notice given to a 7
licensee, suspend the licence if the authorised officer-- 8
(a) is satisfied that the licensee-- 9
(i) has been charged with an offence against any law in force in 10
Queensland or elsewhere-- 11
(A) relating to the misuse of drugs; or 12
(B) involving the use or threatened use of violence; or 13
(C) involving the use, carriage, discharge or possession of a 14
weapon; or 15
(ii) is temporarily unable to comply with a condition of the 16
licence; or 17
(b) considers, on reasonable grounds, that the licensee may no longer 18
be a fit and proper person to hold a licence. 19
`(2) The licence is suspended until-- 20
(a) if subsection (1)(a)(i) applies-- 21
(i) the proceeding for the charge ends; or 22
(ii) the suspension is lifted by an authorised officer; or 23
(b) if subsection (1)(a)(ii) applies--the authorised officer is satisfied 24
the licensee is able to comply with the condition and lifts the 25
suspension; or 26
(c) if subsection (1)(b) applies--the earlier of the following days-- 27
s 15 19 s 17
Weapons and Other Legislation Amendment
(i) the day the authorised officer is satisfied the person is a fit 1
and proper person to hold a licence and lifts the suspension; 2
(ii) the day 30 days after the licence is suspended.'. 3
of s 29 (Revocation of licence) 4
Amendment
Clause 15. Section 29(1)(b), `firearms'-- 5
omit, insert-- 6
`a weapon'. 7
of s 32 (Temporary recognition of interstate licences for 8
Amendment
particular purposes) 9
Clause 16. Section 32(1), `a resident of another State who is the holder of a 10
licence' 11
omit, insert-- 12
`a person who holds a licence, permit or authority issued under the law 13
of another State'. 14
of pt 3 (Acquisition and sale of weapons) 15
Amendment
Clause 17.(1) Part 3, heading-- 16
omit, insert-- 17
`PART 3--ACQUISITION, SALE AND DISPOSAL OF 18
WEAPONS 19
`Division 1--Preliminary 20
`Definitions for pt 3 21
`34A. In this section-- 22
"firearm" does not include a barrel, breechbolt or top slide of a firearm. 23
"weapon" does not include a barrel, breechbolt or top slide of a firearm.'. 24
s 18 20 s 18
Weapons and Other Legislation Amendment
(2) Part 3, division 1, heading-- 1
omit, insert-- 2
`Division 2--Acquisition, sale and disposal of weapons'. 3
of s 35 (Acquisition of weapons) 4
Amendment
Clause 18.(1) Section 35(1)-- 5
insert-- 6
`Example 4-- 7
8
J pays a deposit on a firearm J is buying from G, a licensed dealer. J has applied
9
for a permit to acquire, but the application has not been finally decided. If J takes
10
possession of the firearm before the permit to acquire is issued, J acquires the
11
weapon and commits an offence against subsection (1).'.
(2) Section 35(6)(a) to (c)-- 12
omit, insert-- 13
`(a) to repair it; or 14
(b) to store it, if the person is an armourer storing it for someone 15
else; or 16
(c) on a temporary basis for not more than 3 months without giving 17
consideration for the acquisition or for the weapon; or 18
(d) in performing duties as a security guard under a security licence 19
(guard); or 20
(e) under section 52, 53, 54(2), 55 or 55A.9'. 21
(3) Section 35(7), definition "purchase"-- 22
omit. 23
9 Section 52 (Physical possession and use of weapon sometimes allowed for the
purpose of training a minor), 53 (An unlicensed person may use a weapon at an
approved range), 54 (Possession or use of weapon by unlicensed person in
primary production sometimes allowed), 55 (Use of weapons by unlicensed
person at shooting gallery allowed), 55A (Possession of weapons supplied by
theatrical ordnance supplier)
s 19 21 s 19
Weapons and Other Legislation Amendment
of s 36 (Sale of weapons) 1
Amendment
Clause 19.(1) Section 36, heading-- 2
omit, insert-- 3
`Sale or disposal of weapons'. 4
(2) Section 36(1), `may sell a weapon only if'-- 5
insert-- 6
`must not sell or otherwise dispose of a weapon to anyone else unless'. 7
(3) Section 36(1)(a), (b) and (c), after `sells'-- 8
insert-- 9
`or otherwise disposes of'. 10
(4) Section 36(1)(b) and (2), after `sale'-- 11
insert-- 12
`or disposal'. 13
(5) Section 36-- 14
insert-- 15
`(3) This section does not apply to the disposal of a weapon to a person, 16
if the disposal consists only of a disposal-- 17
(a) for repair; or 18
(b) to an armourer for storage by the armourer; or 19
(c) on a temporary basis for not more than 3 months without 20
receiving consideration for the disposal or for the weapon; or 21
(d) to a person performing duties as a security guard under a security 22
licence (guard); or 23
(e) authorised under section 52, 53, 54(2), 55 or 55A.10'. 24
10 Section 52 (Physical possession and use of weapon sometimes allowed for the
purpose of training a minor), 53 (An unlicensed person may use a weapon at an
approved range), 54 (Possession or use of weapon by unlicensed person in
primary production sometimes allowed), 55 (Use of weapons by unlicensed
person at shooting gallery allowed), 55A (Possession of weapons supplied by
theatrical ordnance supplier)
s 20 22 s 21
Weapons and Other Legislation Amendment
of s 39 (Limitations on issue of permits to acquire) 1
Amendment
Clause 20. Section 39(5)-- 2
omit, insert-- 3
`(5) However, a person is not a fit and proper person to possess a 4
weapon if, in Queensland or elsewhere within the 5 year period 5
immediately before the day the person applies for the issue of a permit to 6
acquire-- 7
(a) the person has been convicted of, or discharged from custody on 8
sentence after the person has been convicted of, any of the 9
following offences-- 10
(i) an offence relating to the misuse of drugs; 11
(ii) an offence involving the use or threatened use of violence; 12
(iii) an offence involving the use, carriage, discharge or 13
possession of a weapon; or 14
(b) a domestic violence order, other than a temporary protection 15
order, has been made against the person.'. 16
of s 41 (Inquiries into application) 17
Amendment
Clause 21.(1) Section 41(1)(b), `health; and'-- 18
omit, insert-- 19
`health including-- 20
(i) in relation to the applicant's physical health--a report from a 21
doctor about the applicant's physical health; and 22
(ii) in relation to the applicant's mental health--a report from a 23
doctor or psychologist about the applicant's mental health; 24
and'. 25
(2) Section 41(4) to (6)-- 26
renumber as section 41(8) to (10) respectively. 27
(3) Section 41-- 28
insert-- 29
s 22 23 s 22
Weapons and Other Legislation Amendment
`(4) If information about the applicant's mental health given under 1
subsection (1)(b) is provided in a doctor's or psychologist's report, an 2
authorised officer may-- 3
(a) make information in the officer's possession available to the 4
doctor or psychologist; and 5
(b) ask the doctor or psychologist to provide a further report. 6
`(5) The authorised officer may make the information available only if 7
the officer considers, on reasonable grounds-- 8
(a) the doctor or psychologist was not aware of the information; and 9
(b) the information may influence the doctor's or psychologist's 10
opinion about the applicant's mental health. 11
`(6) The authorised officer must also advise the applicant of the 12
information being supplied to the doctor or psychologist. 13
`(7) The authorised officer may make the information available under 14
subsection (4) despite the provisions of any other Act.'. 15
of new s 51 16
Insertion
Clause 22. After section 50-- 17
insert-- 18
of a knife in night clubs 19
`Possession
`51.(1) A person must not physically possess a knife in a night club 20
unless it-- 21
(a) is used for the preparation of food being provided on the 22
premises; or 23
(b) is supplied by the operator of the premises for the consumption 24
of food on the premises. 25
Maximum penalty--20 penalty units or 6 months imprisonment. 26
`(2) In this section-- 27
"knife" means anything with a sharpened point or blade that is reasonably 28
capable of being carried in one or both hands and used to wound or 29
threaten to wound anyone while being carried in that way. 30
s 23 24 s 24
Weapons and Other Legislation Amendment
"entertainment", in a place, means entertainment by 1 or more persons 1
present in the place whose function it is to present the entertainment. 2
"licensed premises" means licensed premises under the Liquor Act 1992, 3
but only a day or days when, under that Act, the sale of liquor on the 4
premises is authorised after 11 pm or before 5 am. 5
"night club" means a place that is licensed premises or a part of licensed 6
premises where at the relevant time entertainment is being provided. 7
8
Example of a night club--
9
`Dancers' is a place that is authorised under the Liquor Act 1992 to sell liquor
10
after 11 pm on Friday and Saturday nights. It offers entertainment between the hours
11
of 7 pm and 3 am on each of those nights. `Dancers' is a night club during those
12
hours on each of those nights. It is not a night club outside those hours.'.
of s 52 (Physical possession and use of weapon 13
Amendment
sometimes allowed for the purpose of training a minor) 14
Clause 23. Section 52, `over 11 years'-- 15
omit, insert-- 16
`who is at least 11 years'. 17
of s 55 (Use of weapons by unlicensed person at shooting 18
Amendment
gallery allowed) 19
Clause 24.(1) Section 55, heading, `unlicensed person'-- 20
omit, insert-- 21
`particular unlicensed persons'. 22
(2) Section 55, after `person' (first mention)-- 23
insert-- 24
`("customer")'. 25
(3) Section 55, `type'-- 26
omit, insert-- 27
`category'. 28
s 25 25 s 26
Weapons and Other Legislation Amendment
(4) Section 55-- 1
insert-- 2
`(2) However, a person conducting a shooting gallery must not allow the 3
customer to physically possess and use the weapon unless the customer-- 4
(a) for a shooting gallery being used for paint-pellet sports--is at 5
least 15 years; or 6
(b) for a shooting gallery not being used for paint-pellet sports--is at 7
least 11 years. 8
Maximum penalty for subsection (2)--20 penalty units.'. 9
of new s 55A 10
Insertion
Clause 25. After section 55-- 11
insert-- 12
of weapons supplied by theatrical ordnance supplier 13
`Possession
`55A. A person may have physical possession of and use a weapon 14
supplied to the person by a theatrical ordnance supplier under section 11811 15
for use in a theatrical, film or television production if the use is personally 16
supervised by the supplier.'. 17
of new s 60A 18
Insertion
Clause 26. After section 60-- 19
insert-- 20
or stolen weapons 21
`Lost
`60A. A person who owns or possesses a weapon that, while in the 22
person's ownership or possession, is, or apparently is, lost or stolen must 23
report the loss or stealing to a police officer immediately the person 24
becomes aware of the loss or stealing. 25
Maximum penalty--10 penalty units.'. 26
11 Section 118 (Weapons may be supplied for theatre, film and television
productions)
s 27 26 s 29
Weapons and Other Legislation Amendment
of s 67 (Possessing and acquiring particular items 1
Replacement
prohibited) 2
Clause 27. Section 67-- 3
omit, insert-- 4
and acquiring restricted items 5
`Possessing
`67.(1) A person must not, without reasonable excuse, possess or 6
acquire a restricted item. 7
Maximum penalty--10 penalty units. 8
`(2) For subsection (1), it is not a reasonable excuse to possess or acquire 9
a restricted item for crowd or traffic control. 10
`(3) In this section-- 11
"restricted item" means an item prescribed as a restricted item under the 12
Weapons Categories Regulation 1997.12'. 13
of div heading 14
Amendment
Clause 28. Part 4, division 2, heading-- 15
omit, insert-- 16
`Division 2--Dealers, armourers and employees'. 17
of s 70 (Age of employees) 18
Replacement
Clause 29. Section 70-- 19
omit, insert-- 20
of dealers and armourers 21
`Employees
`70.(1) A licensed dealer or armourer must not employ a person who, in 22
the course of the person's employment, will have access to weapons unless 23
the person is a qualified weapons employee. 24
Maximum penalty--20 penalty units. 25
12 Schedule 1 to this Act creates the Weapons Categories Regulation 1997.
Restricted items are specified there.
s 30 27 s 33
Weapons and Other Legislation Amendment
`(2) For subsection (1), a person is a "qualified weapons employee" 1
only if the person-- 2
(a) is at least 18 years; and 3
(b) holds a licence. 4
`(3) In the course of employment as a qualified weapons employee, a 5
person may possess any category of weapon his or her employer is 6
authorised to possess. 7
`(4) Subsection (3) has effect even if the employee is not licensed to 8
possess the category of weapon. 9
`(5) In this section-- 10
"employ" a person includes engage the person as an agent.'. 11
of s 72 (Annual returns by licensed dealers) 12
Amendment
Clause 30. Section 72, `schedule 1 and schedule 2'-- 13
omit. 14
of s 73 (Dealer etc. to require information) 15
Amendment
Clause 31. Section 73, `any prescribed particulars'-- 16
omit, insert-- 17
`the particulars prescribed under a regulation'. 18
of s 75 (Collector to be licensed) 19
Amendment
Clause 32. Section 75, from `in respect of'-- 20
omit, insert-- 21
`for the category of weapons being collected.'. 22
of s 77 (Collector's licence (weapons)) 23
Amendment
Clause 33. Section 77(2)(b), `or permanently'-- 24
omit. 25
s 34 28 s 36
Weapons and Other Legislation Amendment
of s 100 (Limits on approvals) 1
Amendment
Clause 34. Section 100, `conducted by an approved shooting club.'-- 2
omit, insert-- 3
`conducted by-- 4
(a) an approved shooting club; or 5
(b) an incorporated association; or 6
(c) an entity conducting a training course approved by the 7
commissioner for section 10(4) or 124.13'. 8
of s 101 (Authorised officer may grant or refuse range 9
Amendment
approval) 10
Clause 35. Section 101(1)(a)-- 11
omit, insert-- 12
`(a) the range will be used for-- 13
(i) conducting a training course approved by the commissioner 14
for section 10(4) or 124; or 15
(ii) the sport of target shooting; and'. 16
of s 108 (Responsibilities of range operator) 17
Amendment
Clause 36. Section 108(2), `a licence authorising the person to possess that type 18
of weapon'-- 19
omit, insert-- 20
`a firearms licence under this Act'. 21
13 Section 10 (Limitations on issue of licence) or 124 (Training courses for security
guards)
s 37 29 s 39
Weapons and Other Legislation Amendment
of s 110 (Responsibilities of person attending an 1
Amendment
approved range) 2
Clause 37.(1) Section 110(1)(c), `type'-- 3
omit, insert-- 4
`category'. 5
(2) Section 110-- 6
insert-- 7
`(3) A person attending an approved range must comply with a direction 8
by a range officer for the range given for the purposes of this Act or safety 9
reasons, unless the person has a reasonable excuse. 10
Maximum penalty for subsection (3)--10 penalty units.'. 11
of s 115 (Theatrical ordnance suppliers to be licensed) 12
Amendment
Clause 38. Section 115(1), `or replica'-- 13
omit, insert-- 14
`or replica of a weapon'. 15
of s 116 (Age of employees) 16
Replacement
Clause 39. Section 116-- 17
omit, insert-- 18
of theatrical ordnance suppliers 19
`Employees
`116.(1) A theatrical ordnance supplier must not employ a person who, 20
in the course of the person's employment, will have access to weapons 21
unless the person is a qualified weapons employee. 22
Maximum penalty--20 penalty units. 23
`(2) For subsection (1), a person is a "qualified weapons employee" 24
only if the person-- 25
(a) is at least 18 years; and 26
(b) holds a licence. 27
s 40 30 s 41
Weapons and Other Legislation Amendment
`(3) In the course of employment as a qualified weapons employee, a 1
person may possess any category of weapon his or her employer is 2
authorised to possess. 3
`(4) Subsection (3) has effect even if the employee is not licensed to 4
possess the category of weapon. 5
`(5) In this section-- 6
"employ" a person includes engage the person as an agent.'. 7
of s 125 (Control over way security guard carries 8
Replacement
weapon) 9
Clause 40. Section 125-- 10
omit, insert-- 11
of possession and use of weapons by security guards 12
`Control
`125. A regulation may impose conditions on the possession and use of 13
weapons by persons performing the duties of a security guard.'. 14
of s 126 (Security guard must record prescribed 15
Amendment
information) 16
Clause 41.(1) Section 126, heading-- 17
omit, insert-- 18
`Employed security guard must record prescribed information'. 19
(2) Section 126(1), `as a security guard'-- 20
omit, insert-- 21
`as an employed security guard'. 22
(3) Section 126-- 23
insert-- 24
`(3) In this section-- 25
"employed" security guard means a person who is employed as a security 26
guard by a security organisation.'. 27
s 42 31 s 43
Weapons and Other Legislation Amendment
of new s 126A 1
Insertion
Clause 42. After section 126-- 2
insert-- 3
of security guard carrying on business to keep register 4
`Obligation
`126A.(1) An individual who carries on business on the individual's 5
own account as a security guard must-- 6
(a) keep a register in the approved form ("security guard's 7
register"); and 8
(b) record in the security guard's register, as prescribed under a 9
regulation, information about the individual's possession or use 10
of weapons. 11
Maximum penalty--10 penalty units. 12
`(2) A person must not make an entry in the security guard's register that 13
is false or misleading. 14
Maximum penalty--10 penalty units. 15
`(3) A regulation may prescribe-- 16
(a) the type of information that must be recorded in the security 17
guard's register; and 18
(b) the time when the information must be recorded.'. 19
of s 155 (Disqualification by a court) 20
Amendment
Clause 43.(1) Section 155(1)(a), after `licence'-- 21
insert-- 22
`, permit to acquire'. 23
(2) Section 155(2), after `licence'-- 24
insert-- 25
`or permit to acquire'. 26
(3) Section 155-- 27
insert-- 28
s 44 32 s 45
Weapons and Other Legislation Amendment
`(3) A disqualification under subsection (1)(b) has effect to revoke any 1
licence, approval or permit to acquire held by the person.'. 2
of s 160 (Allegation and proof of circumstances of 3
Omission
aggravation) 4
Clause 44. Section 160-- 5
omit. 6
of new s 168A 7
Insertion
Clause 45. After section 168-- 8
insert-- 9
landowners to keep permit register 10
`Particular
`168A.(1) This section applies to a landowner who provides written 11
permission to shoot on the landowner's rural land-- 12
(a) to a person or body for a fee or reward; or 13
(b) to more than 50 persons or bodies. 14
`(2) The landowner must keep a register ("permit register") stating-- 15
(a) the name and address of the person or body to whom permission 16
was given; and 17
(b) the date permission was given; and 18
(c) if the permission was limited by time--the day the permission 19
ends. 20
Maximum penalty--10 penalty units. 21
`(3) The landowner must keep the permit register while-- 22
(a) a permission under subsection (1)(a) remains current; or 23
(b) more than 50 permissions under subsection (1)(b) remain 24
current. 25
Maximum penalty--10 penalty units. 26
s 46 33 s 48
Weapons and Other Legislation Amendment
`(4) For subsection (1), permission given to a body allowing its 1
members or members of another body affiliated with the body to shoot on 2
the landowner's rural land is taken to be a single permission.'. 3
of s 173 (Definitions for pt 8) 4
Amendment
Clause 46. Section 173, definition "new Act", after `on'-- 5
insert-- 6
`or after'. 7
of s 174 (Existing licences continue during amnesty) 8
Amendment
Clause 47.(1) Section 174(1)-- 9
omit, insert-- 10
`174.(1) An existing licence continues in force, subject to any limitations 11
and conditions placed on it under the former Act, until-- 12
(a) if the holder of an existing licence applies under the new Act for a 13
licence before the day the amnesty ends and the application is not 14
decided before that day--the day the holder is advised in writing 15
the application is approved or rejected; or 16
(b) if the holder of an existing licence does not apply under the new 17
Act for a licence before the day the amnesty ends--the day the 18
amnesty ends; or 19
(c) if the licence is suspended, cancelled, revoked or expires on a day 20
earlier than the day applicable under paragraph (a) or (b)--the day 21
the licence is suspended, cancelled, revoked or expires.'. 22
(2) Section 174-- 23
insert-- 24
`(5) This section expires on 31 March 1998.'. 25
of s 179 (Compensation) 26
Amendment
Clause 48.(1) Section 179(2)-- 27
omit, insert-- 28
s 49 34 s 51
Weapons and Other Legislation Amendment
`(2) Compensation is payable only for weapons for which the State may 1
receive compensation under the National Firearms Program 2
Implementation Act 1996 (Cwlth).'. 3
(2) Section 179(3), `category C or D'-- 4
omit, insert-- 5
`the'. 6
(3) Section 179(4), `category C or D'-- 7
omit. 8
of s 180 (Expiry of pt 8) 9
Amendment
Clause 49. Section 180, after `This part'-- 10
insert-- 11
`, other than section 174,14'. 12
of sch 1 (Categories of weapons) 13
Omission
Clause 50. Schedule 1-- 14
omit. 15
of sch 2 (Subject matter for regulations) 16
Amendment
Clause 51.(1) Schedule 2, heading, `2'-- 17
omit. 18
(2) Schedule 2-- 19
insert-- 20
`Categorising weapons 21
`2A. Declaring weapons as category A, B, C, D, E, H or R weapons.'. 22
14 Section 174 (Existing licences continue during amnesty)
s 52 35 s 55
Weapons and Other Legislation Amendment
PART 3--AMENDMENT OF DRUGS MISUSE ACT 1
1986 2
amended in pt 3 3
Act
Clause 52. This part amends the Drugs Misuse Act 1986. 4
of s 60 (Non-application of Statutory Instruments Act, pt 7) 5
Omission
Clause 53. Section 60-- 6
omit. 7
ART 4--AMENDMENT OF STATUTORY 8
P
INSTRUMENTS ACT 1992 9
amended in pt 4 10
Act
Clause 54. This part amends the Statutory Instruments Act 1992. 11
of s 57 (Part does not apply to some subordinate 12
Amendment
legislation) 13
Clause 55. Section 57-- 14
insert-- 15
`(2) Also, this part does not apply to subordinate legislation mentioned in 16
schedule 2A.'. 17
s 56 36 s 58
Weapons and Other Legislation Amendment
of new sch 2A 1
Insertion
Clause 56. After schedule 2-- 2
insert-- 3
`SCHEDULE 2A 4
`SUBORDINATE LEGISLATION TO WHICH PART 7 5
DOES NOT APPLY 6
section 57 7
Drugs Misuse Regulation 1987 8
Weapons Categories Regulation 1997'. 9
PART 5--GENERAL 10
of Weapons Categories Regulation 1997 11
Making
Clause 57.(1) Schedule 1 has effect to make the Weapons Categories Regulation 12
1997 that is set out in the schedule as a regulation under the Weapons Act 13
1990. 14
(2) To prevent any doubt, it is declared that the Weapons Categories 15
Regulation 1997, on the commencement of schedule 1, stops being a 16
provision of this Act and becomes a regulation made under the Weapons 17
Act 1990. 18
19
Repeal
Clause 58. This Act is repealed on 31 December 1998. 20
37
Weapons and Other Legislation Amendment
CHEDULE 1 1
¡S
EAPONS CATEGORIES REGULATION 1997 2
W
section 57 3
title 4
Short
1. This regulation may be cited as the Weapons Categories Regulation 5
1997. 6
A weapons 7
Category
2.(1) Each of the following is a category A weapon if it has not been 8
rendered permanently inoperable-- 9
(a) a miniature cannon under 120 cm in barrel length that is a black 10
powder and muzzle loading cannon, depicting a scale model of an 11
historical artillery piece or naval gun; 12
(b) an air rifle; 13
(c) a blank-fire firearm at least 75 cm in length; 14
(d) a rimfire rifle (other than a self-loading rimfire rifle); 15
(e) a single or double barrel shotgun; 16
(f) a powerhead. 17
(2) A conversion unit is also a category A weapon. 18
(3) In this section-- 19
"conversion unit" means a unit or device or barrel that is capable of being 20
used for converting a category A weapon that is a firearm from one 21
calibre to another calibre. 22
B weapons 23
Category
3.(1) Each of the following is a category B weapon if it has not been 24
rendered permanently inoperable-- 25
38
Weapons and Other Legislation Amendment
(a) a muzzle-loading firearm; 1
(b) a single shot centre fire rifle; 2
(c) a double barrel centre fire rifle; 3
(d) a repeating centre fire rifle; 4
(e) a break action shotgun and rifle combination. 5
(2) A conversion unit is also a category B weapon. 6
(3) In this section-- 7
"conversion unit" means a unit or device or barrel that is capable of being 8
used for converting a category B weapon that is a firearm from one 9
calibre to another calibre. 10
C weapons 11
Category
4. Each of the following is a category C weapon if it has not been 12
rendered permanently inoperable-- 13
(a) a semiautomatic rimfire rifle with a magazine capacity no greater 14
than 10 rounds; 15
(b) a semiautomatic shotgun with a magazine capacity no greater than 16
5 rounds; 17
(c) a pump action shotgun with a magazine capacity no greater than 18
5 rounds. 19
D weapons 20
Category
5. Each of the following is a category D weapon-- 21
(a) a self-loading centre fire rifle designed or adapted for military 22
purposes or a firearm that substantially duplicates a rifle of that 23
type in design, function or appearance; 24
(b) a non-military style self-loading centre fire rifle with either an 25
integral or detachable magazine; 26
(c) a self-loading shotgun with either an integral or detachable 27
magazine with a capacity of more than 5 rounds and a pump 28
action shotgun with a capacity of more than 5 rounds; 29
39
Weapons and Other Legislation Amendment
(d) a self-loading rimfire rifle with a magazine capacity of more than 1
10 rounds. 2
E weapons 3
Category
6. A bulletproof vest or protective body vest or body armour designed to 4
prevent the penetration of small arms projectiles is a category E weapon. 5
H weapons 6
Category
7.(1) A firearm, including an air pistol and a blank-fire firearm, under 7
75 cm in length, other than a powerhead, is a category H weapon if it has 8
not been rendered permanently inoperable. 9
(2) A conversion unit is also a category H weapon. 10
(3) In this section-- 11
"conversion unit" means a unit or device or barrel that is capable of being 12
used for converting a category H weapon that is a firearm from one 13
calibre to another calibre. 14
R weapons 15
Category
8. Each of the following is a category R weapon-- 16
(a) a machine gun or submachine gun that is fully automatic in its 17
operation and actuated by energy developed when it is being fired 18
or has multiple revolving barrels, and any replica or facsimile of a 19
machine gun or submachine gun that is not a toy; 20
(b) a firearm capable of firing 50 calibre BMG cartridge ammunition; 21
(c) any clothing, apparel, accessory or article designed to disguise 22
any weapon or other cutting or piercing instrument capable of 23
causing bodily harm; 24
(d) an antipersonnel gas and an antipersonnel substance of a 25
corrosive, noxious or irritant nature or that is capable of causing 26
bodily harm, and any weapon capable of discharging the gas or 27
substance by any means; 28
40
Weapons and Other Legislation Amendment
(e) an acoustical antipersonnel device of an intensity that is capable of 1
causing bodily harm; 2
(f) an electrical antipersonnel device of an intensity that is capable of 3
causing bodily harm; 4
(g) a hand grenade, other than an inert hand grenade, and an 5
antipersonnel mine; 6
(h) a rocket launcher, recoilless rifle, antitank rifle, a bazooka or a 7
rocket propelled grenade type launcher; 8
(i) any knife so designed or constructed so as to be used as a weapon 9
that while the knife is held in 1 hand, the blade may be released 10
by that hand; 11
(j) any clothing, apparel, adornment or accessory designed for use as 12
a weapon or a cutting or piercing instrument capable of causing 13
bodily harm; 14
(k) a mortar, all artillery and any incendiary or inflammable device 15
containing any substance capable of causing bodily harm or 16
damage to property; 17
(l) any crossbow designed to be discharged by the use of 1 hand 18
(that is not a toy pistol crossbow) that when discharged is capable 19
of causing damage or injury to property or capable of causing 20
bodily harm; 21
(m) a chinese throwing iron that is a hard non-flexible plate having 22
3 or more radiating points with 1 or more sharp edges in the 23
shape of a polygon, trefoil, cross, star, diamond or geometric 24
shape and constructed or designed to be thrown as a weapon; 25
(n) a flail or similar device constructed and designed as a weapon 26
consisting of in part a striking head and which, if used 27
offensively, is capable of causing bodily harm; 28
(o) a device known as a `manrikiguisari' or `kusari', consisting of a 29
length of rope, cord, wire or chain fastened at each end to a 30
geometrically shaped weight or handgrip and constructed or 31
designed for use as a weapon; 32
41
Weapons and Other Legislation Amendment
(p) a device known as a knuckleduster or any device made or adapted 1
for use as a knuckleduster and which, if used offensively against 2
a person, is capable of causing bodily harm; 3
(q) a weighted glove designed or constructed to be used as a weapon; 4
(r) a mace or any similar article (other than a ceremonial mace made 5
for and used solely as a symbol of authority on ceremonial 6
occasions); 7
(s) a silencer or other device or contrivance made or used, or capable 8
of being used or intended to be used, for reducing the sound 9
caused by discharging a firearm; 10
(t) any device, not a toy, constructed or designed as a telescopic 11
baton, the extension of which is actuated by the operation of a 12
mechanical trigger. 13
items (Act, s 67) 14
Restricted
9. The following items are restricted items for section 6715 of the Act-- 15
(a) handcuffs, thumbcuffs or other similar restraints; 16
(b) nunchaku or kung-fu sticks or any similar device which consists 17
of 2 hard non-flexible sticks, clubs, pipes or rods connected by a 18
length of rope, cord, wire or chain constructed or designed to be 19
used in connection with the practice of a system of self-defence 20
and which if used offensively against a person is or are capable of 21
causing bodily harm; 22
(c) a billy club, a baton or any device constructed or designed as a 23
telescopic baton, not being a toy or a category R weapon, that if 24
used is capable of causing bodily harm; 25
(d) any studded glove which if used offensively against a person is 26
capable of causing bodily harm. 27
15 Section 67 (Possessing and acquiring restricted item prohibited)
42
Weapons and Other Legislation Amendment
CHEDULE 2 1
¡S
INOR AMENDMENTS 2
M
section 3 3
1. Part 3, divisions 2 and 3-- 4
renumber as divisions 3 and 4. 5
2. Section 51-- 6
relocate to part 4, division 5 and renumber as section 98A. 7
3. Section 53, `type'-- 8
omit, insert-- 9
`category'. 10
4. Section 54(2), `type'-- 11
omit, insert-- 12
`category'. 13
5. Section 97(2), `type'-- 14
omit, insert-- 15
`category'. 16
6. Section 97(2), penalty, `units'-- 17
omit, insert-- 18
`units.'. 19
43
Weapons and Other Legislation Amendment
7. Section 172(2), `schedule 2'-- 1
omit, insert-- 2
`the schedule'. 3
© State of Queensland 1997
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