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Queensland
WEAPONS (HANDGUNS AND
TRAFFICKING) AMENDMENT
BILL 2003
Queensland
WEAPONS (HANDGUNS AND
TRAFFICKING) AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF WEAPONS ACT 1990
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 2 (Application of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 10B (Fit and proper person). . . . . . . . . . . . . . . . . . . . . . . . 9
7 Insertion of new s 10C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10C Fit and proper person--licensed dealer's associate . . . . . . . . . . . . . . 10
8 Amendment of s 12 (Licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Amendment of s 15 (Authorised officer decides application). . . . . . . . . . . . 11
10 Amendment of s 16 (Issue of licence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Omission of s 17 (Uses permitted under licence) . . . . . . . . . . . . . . . . . . . . . 12
12 Amendment of s 18 (Renewal of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Insertion of new ss 18A18C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18A Additional application requirements for collector's licence
(weapons) for category H weapon ........................ 13
18B Additional application requirements for concealable firearms
licence ........................................... 13
18C Additional application requirements for dealer's licence . . . . . . . . . 15
14 Amendment of s 19 (Notice of rejection of application to issue or renew
licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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15 Amendment of s 20 (Term of licence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Amendment of s 21 (Certain licences transferable) . . . . . . . . . . . . . . . . . . . 16
17 Amendment of s 24 (Change in licensee's circumstances) . . . . . . . . . . . . . . 16
18 Amendment of s 25 (Authorised officer may amend licence conditions) . . . 17
19 Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
25A Authorised officer may require information about licensed dealer's
associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Insertion of new s 27B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27B Notice of intention to revoke because dealer's associate is not fit
and proper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Amendment of s 28 (Suspension of licence by giving suspension notice) . . 19
22 Amendment of s 29 (Revocation of licence by giving revocation notice) . . 19
23 Amendment of s 30 (Suspension or revocation notice). . . . . . . . . . . . . . . . . 20
24 Amendment of s 36 (Sale or disposal of weapons) . . . . . . . . . . . . . . . . . . . . 21
25 Replacement of s 38 (Issue etc. of permits to acquire) . . . . . . . . . . . . . . . . . 21
38 Issue etc. of permits to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
26 Amendment of s 39 (Limitations on issue of permits to acquire) . . . . . . . . . 21
27 Amendment of s 40 (Application for permit to acquire). . . . . . . . . . . . . . . . 22
28 Amendment of s 49 (Commissioner to maintain firearms register) . . . . . . . 22
29 Replacement of s 50 (Possession of weapons) . . . . . . . . . . . . . . . . . . . . . . . 23
49A Authority given by licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
50 Possession of weapons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
50A Possession of unregistered firearms . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Insertion of new s 50B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
50B Unlawful supply of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Replacement of s 53 (An unlicensed person may use a weapon at an
approved range) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
53 An unlicensed person may use a weapon at an approved range . . . . 26
32 Amendment of s 54 (Possession or use of weapon by unlicensed person in
primary production sometimes allowed) . . . . . . . . . . . . . . . . . . . . . . . . . . 28
33 Replacement of s 60 (Secure storage of weapons) . . . . . . . . . . . . . . . . . . . . 28
60 Secure storage of weapons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
34 Amendment of s 61 (Shortening firearms) . . . . . . . . . . . . . . . . . . . . . . . . . . 29
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35 Amendment of s 62 (Modifying construction or action of firearms) . . . . . . 29
36 Amendment of s 63 (Altering identification marks of weapons) . . . . . . . . . 29
37 Amendment of s 69 (Armourers to be licensed) . . . . . . . . . . . . . . . . . . . . . . 30
38 Amendment of s 70 (Employees of dealers and armourers) . . . . . . . . . . . . . 30
39 Amendment of s 71 (Licensed dealers and armourers to keep register) . . . . 30
40 Amendment of s 72 (Annual returns by licensed dealers) . . . . . . . . . . . . . . 31
41 Replacement of s 73 (Dealer etc. to require information) . . . . . . . . . . . . . . . 31
73 Dealer etc. to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42 Amendment of s 75 (Collector to be licensed) . . . . . . . . . . . . . . . . . . . . . . . 32
43 Replacement of ss 76 and 77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
76 Collector's licence (heirloom) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
77 Collector's licence (weapons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 Amendment of s 78 (Weapons not to be discharged or operated). . . . . . . . . 33
45 Amendment of s 79 (Approval of arms fair) . . . . . . . . . . . . . . . . . . . . . . . . . 33
46 Amendment of s 82 (Removal of register and weapons) . . . . . . . . . . . . . . . 33
47 Amendment of s 83 (Licensed collector leaving Queensland) . . . . . . . . . . . 34
48 Amendment of s 90 (A nominee is required for some applications). . . . . . . 35
49 Amendment of s 91 (Duty of nominee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
50 Amendment of s 92 (Change of nominee) . . . . . . . . . . . . . . . . . . . . . . . . . . 35
51 Replacement of s 97 (Club must keep range use register books) . . . . . . . . . 36
97 Club must keep range use register books. . . . . . . . . . . . . . . . . . . . . . 36
52 Amendment of s 98 (Service of notice on approved shooting club) . . . . . . . 37
53 Insertion of new s 98B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
98B Membership of approved pistol clubs . . . . . . . . . . . . . . . . . . . . . . . . 37
54 Amendment of s 106 (Revoking or suspending approval) . . . . . . . . . . . . . . 37
55 Amendment of s 108 (Responsibilities of range operator) . . . . . . . . . . . . . . 38
56 Amendment of s 110 (Responsibilities of person attending an approved
range) ................................................... 38
57 Amendment of s 111 (Approval of shooting galleries) . . . . . . . . . . . . . . . . . 39
58 Amendment of s 114 (Conduct of persons resorting to shooting galleries) . 39
59 Amendment of s 115 (Theatrical ordnance suppliers to be licensed) . . . . . . 39
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60 Amendment of s 118 (Weapons may be supplied for theatre, film and
television productions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
61 Amendment of s 120 (Removal of register and weapons) . . . . . . . . . . . . . . 40
62 Amendment of s 121 (Annual returns by licensed theatrical ordnance
supplier) ................................................. 40
63 Amendment of s 127 (Obligations of security organisation in relation to
the possession or use of a weapon) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
64 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART 5--ADDITIONAL REQUIREMENTS IN RELATION TO
CATEGORY H WEAPONS
Division 1--Requirements for holders of concealable firearms licence
130 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
131 Limitation on number of concealable firearms particular licensees
may acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
132 Conditions for concealable firearms licence . . . . . . . . . . . . . . . . . . . 43
133 Participation conditions for concealable firearms licence . . . . . . . . . 43
134 Licensees to keep participation record. . . . . . . . . . . . . . . . . . . . . . . . 45
135 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
136 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
137 Notice to dispose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 2--Requirements for collectors
138 Condition for collector's licence (weapons) . . . . . . . . . . . . . . . . . . . 48
Division 3--Requirements for approved pistol clubs
139 Endorsement of participation record . . . . . . . . . . . . . . . . . . . . . . . . . 48
140 Approved pistol club to give annual report . . . . . . . . . . . . . . . . . . . . 49
141 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
141A Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 4--Disclosure requirements for approved pistol clubs and
approved historical societies
141B Disclosure requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
65 Amendment of pt 6 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
66 Amendment of s 142 (Right of appeal against decisions). . . . . . . . . . . . . . . 51
67 Insertion of new s 142A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
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142A Particular provision for appeals against or reviews of decisions
based on criminal intelligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
68 Replacement of s 151 (Disclosure by doctors and psychologists of certain
information). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
151 Disclosure by professional carer of certain information . . . . . . . . . . 52
151A Disclosure by approved shooting clubs and approved historical
societies of particular information . . . . . . . . . . . . . . . . . . . . . . . . . 53
151B Protection of informers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
151C Source of information not to be disclosed . . . . . . . . . . . . . . . . . . . . . 54
151D Power to prohibit publication of proceedings . . . . . . . . . . . . . . . . . . 55
69 Insertion of new s 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
154 Authorised officers may approve particular weapons to be of
particular types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
70 Omission of s 156 (Offences generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
71 Amendment of s 157 (Fraud and unlawful possession of licence etc.) . . . . . 57
72 Replacement of s 158 (False or misleading information) . . . . . . . . . . . . . . . 58
158 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
73 Replacement of s 161 (Proceedings for offences). . . . . . . . . . . . . . . . . . . . . 58
161 Proceedings for an offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
161A Indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
161B Circumstances in which particular charges may be joined . . . . . . . . 60
74 Amendment of s 163 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 61
75 Amendment of s 172 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . 61
76 Amendment of pt 8 (Transitional provisions) . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 2--Transitional provisions for Weapons (Handguns and
Trafficking) Amendment Act 2003
174 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
175 Compensation--prohibited handguns and parts of prohibited
handguns .......................................... 62
176 Compensation--other handguns and related matters . . . . . . . . . . . . 64
177 Possession of prohibited handguns during amnesty period . . . . . . . . 64
178 Licensed collectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
179 Participation records for s 18B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
180 Joinder of charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
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181 Transitional regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . 66
182 Amendment of regulation by Weapons (Handguns and Trafficking)
Amendment Act 2003 does not affect powers of Governor in
Council .......................................... 66
77 Amendment of sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
78 Amendment of sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
PART 3--AMENDMENT OF JUDICIAL REVIEW ACT 1991
79 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
80 Amendment of sch 2 (Decisions for which reasons need not be given) . . . . 72
PART 4--AMENDMENT OF JUVENILE JUSTICE AMENDMENT
ACT 2002
81 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
82 Amendment of s 7 (Replacement of pts 1B1C) . . . . . . . . . . . . . . . . . . . . . 73
83 Amendment of s 105 (Amendment of s 214 (Protection of legal
practitioner representing child)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
84 Amendment of s 115 (Insertion of new pt 8, div 3) . . . . . . . . . . . . . . . . . . . 73
PART 5--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
85 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
86 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
PART 6--AMENDMENT OF WEAPONS CATEGORIES
REGULATION 1997
87 Regulation amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
88 Replacement of s 8 (Category R Weapons). . . . . . . . . . . . . . . . . . . . . . . . . . 75
7A Category M weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
8 Category R weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
2003
A BILL
FOR
An Act to amend the Weapons Act 1990, and for other purposes
s1 8 s5
Weapons (Handguns and Trafficking) Amendment
Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Weapons (Handguns and Trafficking) 4
Amendment Act 2003. 5
2 Commencement
Clause 6
(1) This Act commences on a day to be fixed by proclamation. 7
(2) Part 4 commences, or is taken to have commenced, on 30 June 2003. 8
PART 2--AMENDMENT OF WEAPONS ACT 1990 9
3 Act amended in pt 2
Clause 10
This part amends the Weapons Act 1990. 11
4 Amendment of s 2 (Application of Act)
Clause 12
(1) Section 2(9), definition "government service entity", paragraph (d)-- 13
renumber as paragraph (c). 14
(2) Section 2(9), definition "prescribed service entity"-- 15
omit, insert-- 16
`"prescribed service entity" means an entity prescribed for the definition 17
"government service entity", paragraph (c).'. 18
5 Insertion of new s 8A
Clause 19
Part 1, after section 8-- 20
s6 9 s6
Weapons (Handguns and Trafficking) Amendment
Bill 2003
insert-- 1
`8A Notes in text 2
`A note in the text of this Act is part of the Act.'. 3
6 Amendment of s 10B (Fit and proper person)
Clause 4
(1) Section 10B, heading, after `person'-- 5
insert-- 6
`--licensees'. 7
(2) Section 10B(1)-- 8
insert-- 9
`(ca) whether there is any criminal intelligence or other information to 10
which the authorised officer has access that indicates-- 11
(i) the person is a risk to public safety; or 12
(ii) that authorising the person to possess a weapon would be 13
contrary to the public interest; and'. 14
(3) Section 10B(3)-- 15
renumber as section 10B(5). 16
(4) Section 10B-- 17
insert-- 18
`(3) Also, for the issue, renewal, suspension or revocation of a licence, a 19
licensed dealer is not a fit and proper person to hold a licence unless each 20
associate of the person is a fit and proper person to be an associate of a 21
licensed dealer. 22
`(4) A person is not a fit and proper person to hold a licence if the person 23
is prevented by an order, other than a temporary protection order, of a 24
Queensland court or another court outside Queensland from holding a 25
licence or possessing a weapon.'. 26
(5) Section 10B(5), as renumbered, definition "relevant period", 27
paragraph (b)-- 28
omit, insert-- 29
`(b) for the suspension or revocation of a licence--the 5 year period 30
immediately before the date of the suspension notice under 31
s7 10 s7
Weapons (Handguns and Trafficking) Amendment
Bill 2003
section 28, or a revocation notice under section 29, is given for 1
that suspension or revocation.'. 2
7 Insertion of new s 10C
Clause 3
After section 10B-- 4
insert-- 5
`10C Fit and proper person--licensed dealer's associate 6
`(1) In deciding or considering, for the issue, renewal, suspension or 7
revocation of a dealer's licence, whether an associate of an applicant for a 8
dealer's licence or a licensed dealer is, or is no longer, a fit and proper 9
person to be an associate of a licensed dealer, an authorised officer may 10
consider any criminal intelligence or other information to which the 11
authorised officer has access that indicates-- 12
(a) the associate is a risk to public safety; or 13
(b) any relationship involving weapons between the associate and 14
the applicant or licensed dealer would be contrary to the public 15
interest. 16
`(2) A person is not a fit and proper person to be an associate of a 17
licensed dealer if the person is a prohibited person or the authorised officer 18
is satisfied that any relationship involving weapons between the person and 19
a licensed dealer would be contrary to the public interest because-- 20
(a) the person, in Queensland or elsewhere within the relevant 21
period, has been convicted of, or discharged from custody on 22
sentence after the person has been convicted of, any of the 23
following offences-- 24
(i) an offence relating to the misuse of drugs; 25
(ii) an offence involving the use or threatened use of violence; 26
(iii) an offence involving the use, carriage, discharge or 27
possession of a weapon; or 28
(b) a domestic violence order, other than a temporary protection 29
order, has been made against the person. 30
`(3) In this section-- 31
"relevant period" means-- 32
s8 11 s 10
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(a) for the issue or renewal of a dealer's licence--the 5 year period 1
immediately before the day the applicant for a dealer's licence or 2
the licensed dealer applies for the issue or renewal of the licence; 3
or 4
(b) for the suspension or revocation of a dealer's licence--the 5 year 5
period immediately before the date of the suspension notice 6
under section 28, or a revocation notice under section 29, is 7
given for that suspension or revocation.'. 8
8 Amendment of s 12 (Licences)
Clause 9
Section 12(2) and (3)-- 10
omit. 11
9 Amendment of s 15 (Authorised officer decides application)
Clause 12
(1) Section 15(3), as a note-- 13
14
Note--
15
Additional requirements are prescribed for particular applications under section 18A,
16
18B or 18C.
(2) Section 15(5)-- 17
renumber as section 15(6). 18
(3) Section 15-- 19
insert-- 20
`(5) However, if the authorised officer is acting on the basis of criminal 21
intelligence or other information of the kind mentioned in section 22
10B(1)(ca) or 10C(1), the authorised officer may reject the application 23
because the person is not a fit and proper person only if the commissioner 24
or deputy commissioner, acting personally, approves that the application be 25
rejected on that basis.'. 26
10 Amendment of s 16 (Issue of licence)
Clause 27
(1) Section 16(1)(b)(ii), `under section 15(4)(a)'-- 28
omit, insert-- 29
`by an authorised officer'. 30
s 11 12 s 12
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(2) Section 16(3)-- 1
renumber as section 16(4). 2
(3) Section 16(2)-- 3
omit, insert-- 4
`(2) A condition or any other information to be endorsed on a licence 5
may be endorsed on the licence or a certificate issued for the licence. 6
`(3) The condition or information may be endorsed on the licence or 7
certificate by a word that is given a meaning by a code prescribed under a 8
regulation.'. 9
11 Omission of s 17 (Uses permitted under licence)
Clause 10
Section 17-- 11
omit. 12
12 Amendment of s 18 (Renewal of licences)
Clause 13
(1) Section 18(7), (8) and (9)-- 14
renumber as section 18(8), (9) and (10). 15
(2) Section 18-- 16
insert-- 17
`(7) However, if the authorised officer is acting on the basis of criminal 18
intelligence or other information of the kind mentioned in 19
section 10B(1)(ca) or 10C(1), the authorised officer may reject the 20
application because the person is not a fit and proper person only if the 21
commissioner or deputy commissioner, acting personally, approves that the 22
application be rejected on that basis.'. 23
(3) Section 18(8)(b), as renumbered, after `fresh licence'-- 24
insert-- 25
`endorsed with any condition decided by an authorised officer or other 26
information'. 27
s 13 13 s 13
Weapons (Handguns and Trafficking) Amendment
Bill 2003
13 Insertion of new ss 18A18C
Clause 1
After section 18-- 2
insert-- 3
`18A Additional application requirements for collector's licence 4
(weapons) for category H weapon 5
`(1) If the application is for a collector's licence (weapons) or the 6
renewal of a collector's licence (weapons) and the licensee intends to 7
possess a temporarily inoperable category H weapon, the application must 8
include a current declaration signed by an approved historical society's 9
representative stating-- 10
(a) the applicant holds current membership with the approved 11
historical society; and 12
(b) the representative is satisfied that the applicant is a genuine 13
collector of weapons. 14
`(2) Subsection (1) does not apply if the applicant is an approved 15
historical society. 16
`(3) A declaration mentioned in subsection (1) is current for 28 days 17
after the day it is signed by the representative. 18
`18B Additional application requirements for concealable firearms 19
licence 20
`(1) If the application is for a concealable firearms licence and the 21
applicant's reason for possession of a weapon under that licence is sports or 22
target shooting, the application must include a current declaration by the 23
representative of an approved pistol club stating that-- 24
(a) the applicant holds current membership with the pistol club; and 25
(b) the applicant has been a member of the pistol club for the 26
6 month period immediately before the declaration is made; and 27
(c) the applicant has participated in at least 3 handgun shooting 28
competitions during that 6 month period. 29
`(2) Subsection (3) applies if an applicant for a concealable firearms 30
licence-- 31
s 13 14 s 13
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(a) holds a licence or other authority under a law of another State 1
that corresponds with this Act authorising the applicant to 2
possess a category H weapon for sports or target shooting; or 3
(b) was, within the period prescribed under a regulation for this 4
section, a resident of another country and at the time of the 5
application resides only in Queensland. 6
`(3) The declaration included in the application need not address the 7
matters mentioned in subsection (1)(b) or (c) if the application is 8
accompanied by evidence-- 9
(a) for subsection (2)(a), that the applicant-- 10
(i) has been a member of a shooting club in the other State for 11
the 6 month period immediately before the declaration is 12
made; and 13
(ii) holds a licence or other authority under a law of the other 14
State that corresponds with this Act authorising the 15
applicant to possess a category H weapon for sports or 16
target shooting; and 17
(iii) has held the authority mentioned in subparagraph (ii) for at 18
least 12 months; and 19
(iv) has, in the other State, participated in not less than the 20
number of handgun shooting competitions necessary to 21
comply with the law of the other State; or 22
(b) for subsection (2)(b), that the applicant-- 23
(i) was permitted or authorised under the law of the other 24
country to possess a category H weapon for sports or target 25
shooting; and 26
(ii) has, within the 2 year period immediately before the 27
declaration is made, consistently participated at a national 28
or international level in internationally recognised shooting 29
competitions for a category H weapon. 30
31
Examples of internationally recognised shooting competitions--
32
1. Shooting competitions in the Olympic Games
33
2. Shooting competitions in the Commonwealth Games
34
3. Metallic silhouette world championship.
s 14 15 s 15
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(4) If the application is for the renewal of a concealable firearms licence 1
and the applicant's reason for possession of a weapon is sports or target 2
shooting, the application must include-- 3
(a) a current declaration by the representative of an approved 4
shooting club stating that the applicant holds current membership 5
with the shooting club; and 6
(b) a copy of the applicant's participation record for the period of the 7
applicant's current licence. 8
`(5) A declaration under this section is current for 28 days after the day it 9
is signed by the representative. 10
`18C Additional application requirements for dealer's licence 11
`If the application is for a dealer's licence or the renewal of a dealer's 12
licence, the approved form must require the applicant to disclose-- 13
(a) the full name, occupation and residential address of each person 14
who is an associate of the applicant for the dealer's licence or the 15
licensed dealer; and 16
(b) details of the relevant interest, relevant power or relevant position 17
each associate holds or will hold or may be entitled to exercise.'. 18
14 Amendment of s 19 (Notice of rejection of application to issue or
Clause 19
renew licence) 20
(1) Section 19(2)-- 21
renumber as section 19(3). 22
(2) Section 19-- 23
insert-- 24
`(2) If a reason an authorised officer rejects an application is criminal 25
intelligence or other information that is not publicly available, it is enough 26
that the notice under subsection (1) states the specific reason for rejection 27
as `confidential information'.'. 28
15 Amendment of s 20 (Term of licence)
Clause 29
(1) Section 20(2) to (4)-- 30
s 16 16 s 17
Weapons (Handguns and Trafficking) Amendment
Bill 2003
renumber as section 20(4) to (6). 1
(2) Section 20-- 2
insert-- 3
`(2) Despite subsection (1) but subject to any direction by the 4
commissioner, an authorised officer may, by written notice given to a 5
licensee, extend the term the licensee's licence remains in force to a day 6
that coincides with the licensee's next birthday. 7
`(3) No fee is payable for the extension of a term under subsection (2).'. 8
16 Amendment of s 21 (Certain licences transferable)
Clause 9
Section 21(2), `to which the licence applies'-- 10
omit. 11
17 Amendment of s 24 (Change in licensee's circumstances)
Clause 12
(1) Section 24(1), after `of the change'-- 13
insert-- 14
`and the particulars of the change the officer reasonably requires'. 15
(2) Section 24(2)(c) and (d)-- 16
renumber as section 24(2)(f) and (g). 17
(3) Section 24(2)-- 18
insert-- 19
`(c) a change in the licensee's name or the licensee's representative's 20
name; or 21
(d) a change in the place entered in the firearms register as the place 22
where a firearm is generally kept if the licensee is the registered 23
owner of the firearm; or 24
(e) if the licensee is a licensed dealer, a change in the licensee's 25
associates; or'. 26
(4) Section 24(3), (4) and (5)-- 27
renumber as section 24(4), (5) and (6). 28
(5) Section 24-- 29
s 18 17 s 19
Weapons (Handguns and Trafficking) Amendment
Bill 2003
insert-- 1
`(3) If advice of a change in the licensee's associates is given under 2
subsection (2)(e), the advice must be given in the approved form and 3
include-- 4
(a) the full name, occupation and residential address of each of the 5
licensee's associates; and 6
(b) details of the associate's relevant financial interest, relevant 7
power or relevant position in the licensee's business.'. 8
18 Amendment of s 25 (Authorised officer may amend licence
Clause 9
conditions) 10
Section 25-- 11
insert-- 12
`(6) In this section-- 13
"conditions of a licence" means conditions decided by an authorised 14
officer under section 15(4)(a).'. 15
19 Insertion of new s 25A
Clause 16
After section 25-- 17
insert-- 18
`25A Authorised officer may require information about licensed 19
dealer's associates 20
`(1) An authorised officer may, by written notice, require a licensed 21
dealer to give a declaration to the authorised officer in the approved form-- 22
(a) if the dealer did not previously have an associate and now has an 23
associate or the dealer's associates have changed, advising the 24
name and address of each associate of the dealer and details of 25
the associate's relevant financial interest, relevant power or 26
relevant position in the dealer's business; or 27
(b) if paragraph (a) does not apply, advising the associates of the 28
dealer have not changed since the dealer-- 29
(i) most recently applied for the dealer's licence or renewal of 30
the licence; or 31
s 20 18 s 20
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(ii) advised an officer, and delivered the licence to the officer, as 1
required under section 24(1); or 2
(iii) gave a declaration under this section to the authorised 3
officer. 4
`(2) The licensed dealer must give the declaration as required under 5
subsection (1) within 7 days after the written notice is given to the dealer, 6
unless the dealer has a reasonable excuse. 7
Maximum penalty--100 penalty units. 8
`(3) A licensed dealer who is required to give a declaration to an 9
authorised officer under subsection (1) and gives a declaration under the 10
subsection with information about-- 11
(a) the dealer's associates; or 12
(b) details of the dealer's associates; or 13
(c) a change in the dealer's associates; 14
can not be prosecuted for a failure to disclose that information before the 15
authorised officer made that requirement. 16
`(4) It is not a reasonable excuse for subsection (2) that giving the 17
declaration as mentioned in the subsection may incriminate the person for 18
an offence for which the person can not be prosecuted under 19
subsection (3).'. 20
20 Insertion of new s 27B
Clause 21
After section 27A-- 22
insert-- 23
`27B Notice of intention to revoke because dealer's associate is not fit 24
and proper 25
`(1) This section applies if an authorised officer is satisfied that an 26
associate of a licensed dealer is not a fit and proper person to be an 27
associate of a licensed dealer. 28
`(2) Before revoking the licensed dealer's licence, the authorised officer 29
must give the dealer a notice stating that the authorised officer-- 30
(a) is satisfied that a named associate of the dealer is not a fit and 31
proper person to be an associate of a licensed dealer; and 32
s 21 19 s 22
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(b) intends to give the dealer a revocation notice under section 29 1
unless the dealer discontinues the dealer's association with the 2
associate within a stated reasonable time. 3
`(3) In deciding what is a reasonable time, regard is to be had to the 4
following-- 5
(a) the extent of the associate's relevant financial interest in the 6
dealer's business; 7
(b) any relevant power the associate may exercise in the dealer's 8
business; 9
(c) any relevant position the associate holds in the dealer's business; 10
(d) the public interest.'. 11
21 Amendment of s 28 (Suspension of licence by giving suspension
Clause 12
notice) 13
Section 28-- 14
insert-- 15
`(4) However, if the authorised officer is acting on the basis of criminal 16
intelligence or other information of the kind mentioned in section 17
10B(1)(ca) or 10C(1), the authorised officer may suspend the licence 18
because the licensee is not a fit and proper person only if the commissioner 19
or deputy commissioner, acting personally, approves the licence be 20
suspended on that basis.'. 21
22 Amendment of s 29 (Revocation of licence by giving revocation
Clause 22
notice) 23
(1) Section 29(1), `revoke a licence'-- 24
omit, insert-- 25
`revoke the licensee's licence'. 26
(2) Section 29(1)(c), after `condition'-- 27
insert-- 28
`, participation condition or special condition'. 29
s 23 20 s 23
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(3) Section 29(1)(f)(ii), `to which the licence applies'-- 1
omit. 2
(4) Section 29(2) to (6)-- 3
renumber as section 29(4) to (8). 4
(5) Section 29-- 5
insert-- 6
`(2) Also, if a licensee reports or states to a police officer that a weapon 7
or 1 or more weapons of which the licensee is the registered owner were 8
lost or stolen, an authorised officer may, by a revocation notice given to the 9
licensee, revoke the licensee's licence if-- 10
(a) the licensee fails to satisfy the authorised officer that the licensee 11
took reasonable precautions to prevent the loss or theft; or 12
(b) the authorised officer reasonably believes that the licensee has 13
unlawfully disposed of the weapon. 14
`(3) If the authorised officer is acting on the basis of criminal intelligence 15
or other information of the kind mentioned in section 10B(1)(ca) or 16
10C(1), the authorised officer may revoke the licence because the person is 17
not a fit and proper person only if the commissioner or deputy 18
commissioner, acting personally, approves the licence be revoked on that 19
basis.'. 20
(6) Section 29(5) and (6), as renumbered, `subsection (3)'-- 21
omit, insert-- 22
`subsection (5).'. 23
23 Amendment of s 30 (Suspension or revocation notice)
Clause 24
Section 30-- 25
insert-- 26
`(1A) If a reason an authorised officer suspends or revokes a licence is 27
criminal intelligence or other information that is not publicly available, it is 28
enough that the notice states the specific reason as `confidential 29
information'.'. 30
s 24 21 s 26
Weapons (Handguns and Trafficking) Amendment
Bill 2003
24 Amendment of s 36 (Sale or disposal of weapons)
Clause 1
Section 36(1), `to anyone else'-- 2
omit. 3
25 Replacement of s 38 (Issue etc. of permits to acquire)
Clause 4
Section 38-- 5
omit, insert-- 6
`38 Issue etc. of permits to acquire 7
`(1) A person, other than an authorised officer, must not issue, endorse or 8
alter a permit to acquire. 9
Maximum penalty--100 penalty units or 2 years imprisonment. 10
`(2) In this section-- 11
"issue, endorse or alter a permit to acquire" includes purporting to 12
issue, endorse or alter a permit to acquire.'. 13
26 Amendment of s 39 (Limitations on issue of permits to acquire)
Clause 14
(1) Section 39(2)-- 15
omit, insert-- 16
`(2) A permit to acquire a weapon may be issued to an individual only 17
if-- 18
(a) the person is authorised to possess the weapon or category of 19
weapon under a licence; and 20
(b) the person is an adult; and 21
(c) for a category B, C, D, H or M weapon--the person has a need to 22
possess the weapon; and 23
(d) if the weapon is an heirloom firearm--the person is the owner of 24
the firearm because of a testamentary disposition or the laws of 25
succession; and 26
(e) if the person intends to possess the weapon under the authority of 27
a collector's licence (weapons) and the weapon is a temporarily 28
inoperable modern handgun-- 29
s 27 22 s 28
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(i) the person satisfies an authorised officer that the person has 1
a prolonged and genuine interest in the study, preservation 2
or collection of firearms; and 3
(ii) the person is a member of an approved historical society. 4
5
Note--
6
See section 131 (Limitation on number of concealable firearms particular licensees
7
may acquire) for limitations on the number of category H weapons an individual who is
8
the holder of a concealable firearms licence can possess during the first year after the
9
holder is first licensed.'.
(2) Section 39(4) and (5)-- 10
omit. 11
(3) Section 39(6)-- 12
renumber as section 39(4). 13
27 Amendment of s 40 (Application for permit to acquire)
Clause 14
Section 40-- 15
insert-- 16
`(4) If the application is for a permit to acquire a temporarily inoperable 17
modern handgun that the applicant intends to possess under the authority of 18
a collector's licence (weapons), the application must include a declaration 19
signed by an approved historical society's representative stating that the 20
representative is satisfied that the weapon is of obvious and significant 21
commemorative, historic, thematic or investment value.'. 22
28 Amendment of s 49 (Commissioner to maintain firearms register)
Clause 23
(1) Section 49(2), from `The firearms' to `firearm--'-- 24
omit, insert-- 25
`The following information for each firearm must be entered in the 26
firearms register--'. 27
(2) Section 49(2)(b), `and serial'-- 28
omit, insert-- 29
`and any serial'. 30
s 29 23 s 29
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(3) Section 49(3) to (5)-- 1
renumber as section 49(4) to (6). 2
(4) Section 49(5), as renumbered, `subsection (3)'-- 3
omit, insert-- 4
`subsection (4)'. 5
(5) Section 49-- 6
insert-- 7
`(3) Also, the following information for each antique handgun must be 8
entered in the firearms register-- 9
(a) the name and address of the handgun's owner and details of the 10
documents relied on to establish the owner's identity and 11
address; 12
(b) the type, make, calibre, action, magazine capacity and any serial 13
number of the firearm; 14
(c) the place where the firearm is generally kept; 15
(d) other information prescribed under a regulation.'. 16
(6) Section 49(6), as renumbered-- 17
insert-- 18
`"owner", of a firearm, includes a person who has lawfully acquired the 19
firearm under a permit to acquire.'. 20
29 Replacement of s 50 (Possession of weapons)
Clause 21
Section 50-- 22
omit, insert-- 23
`49A Authority given by licence 24
`(1) A licence authorises a licensee to possess and use a weapon or 25
category of weapon endorsed on the licence for any lawful purpose. 26
`(2) However, the authority to possess or use a weapon, or a category of 27
weapon, under a licence is subject to a regulation, condition or 28
participation condition. 29
s 29 24 s 29
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(3) If use of a firearm is authorised under another Act, a licensee does 1
not contravene this Act only because the licensee uses the firearm in the 2
way authorised under the other Act. 3
`50 Possession of weapons 4
`A person must not unlawfully possess a weapon. 5
Maximum penalty-- 6
(a) if the person unlawfully possesses 10 or more weapons at least 5 7
of which are category D, E, H or R weapons--13 years 8
imprisonment; or 9
(b) if paragraph (a) does not apply and the person unlawfully 10
possesses 10 or more weapons--500 penalty units or 10 years 11
imprisonment; or 12
(c) if paragraphs (a) and (b) do not apply-- 13
(i) for a category D, H or R weapon--300 penalty units or 14
7 years imprisonment; or 15
(ii) for a category C or E weapon--200 penalty units or 4 years 16
imprisonment; or 17
(iii) for a category A, B or M weapon--100 penalty units or 18
2 years imprisonment. 19
`50A Possession of unregistered firearms 20
`(1) A licensee must not possess an unregistered firearm. 21
Maximum penalty--60 penalty units. 22
`(2) A licensed dealer or licensed armourer does not contravene 23
subsection (1) if the unregistered firearm is entered in the dealer's or 24
armourer's weapons register under section 71.1 25
`(3) In this section-- 26
"firearm" does not include a barrel, breechbolt or top slide of a firearm. 27
"unregistered firearm" means a firearm for which information is not 28
entered in the firearms register.'. 29
1 Section 71 (Licensed dealers and armourers to keep register)
s 30 25 s 30
Weapons (Handguns and Trafficking) Amendment
Bill 2003
30 Insertion of new s 50B
Clause 1
Before section 51-- 2
insert-- 3
`50B Unlawful supply of weapons 4
`(1) A person must not unlawfully supply a weapon to another person. 5
Maximum penalty-- 6
(a) if the person unlawfully supplies 5 or more weapons at least 1 of 7
which is a category D, E, H or R weapon--13 years 8
imprisonment; or 9
(b) if paragraph (a) does not apply and the person unlawfully 10
supplies 5 or more weapons--500 penalty units or 10 years 11
imprisonment; or 12
(c) if paragraphs (a) and (b) do not apply-- 13
(i) for a category D, H or R weapon--500 penalty units or 14
10 years imprisonment; or 15
(ii) for a category C or E weapon--300 penalty units or 7 years 16
imprisonment; or 17
(iii) for a category A, B, or M weapon--200 penalty units or 18
4 years imprisonment. 19
`(2) A person does not contravene subsection (1) if the person to whom 20
the weapon is supplied-- 21
(a) is authorised under a licence to possess weapons of the same 22
category as the weapon supplied; or 23
(b) is authorised to possess the weapon under section 52, 53, 54(2), 24
55, 55A, 70 or 116.2 25
2 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 particular unlicensed
persons at shooting gallery allowed), 55A (Possession of weapons supplied by
theatrical ordnance supplier), 70 (Employees of dealers and armourers) or
116 (Employees of theatrical ordnance suppliers)
s 31 26 s 31
Weapons (Handguns and Trafficking) Amendment
Bill 2003
1
Note--
2
If subsection (1) does not apply because subsection (2)(a) applies, the
3
person disposing of the weapon may contravene section 36 (Sale or
4
disposal of weapons).'.
31 Replacement of s 53 (An unlicensed person may use a weapon at
Clause 5
an approved range) 6
Section 53-- 7
omit, insert-- 8
`53 An unlicensed person may use a weapon at an approved range 9
`(1) This section applies to a person-- 10
(a) who is not a licensee; or 11
(b) who is a licensee but is not authorised to possess the weapon the 12
person proposes to physically possess and use under this section. 13
`(2) The person may physically possess and use a weapon at an approved 14
range for the category of weapon if, immediately before possessing and 15
using the weapon, the person-- 16
(a) produces for the inspection of a range officer at the range 17
photographic identification identifying the person; and 18
(b) completes and signs an approved form stating the following and 19
gives the form to the range officer-- 20
(i) the person's name, residential address and date of birth; 21
(ii) that the person is a licensee or is not an excluded person; 22
(iii) the date and time the declaration is completed. 23
24
Examples of photographic identification--
25
Weapons licence
26
Driver licence.
`(3) Before allowing the person to physically possess and use a weapon 27
at the approved range, the range officer must sign the approved form 28
declaring that the range officer-- 29
(a) inspected the person's photographic identification; and 30
(b) if the person states in the approved form that the person is a 31
licensee, inspected the person's licence; and 32
s 31 27 s 31
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(c) was satisfied-- 1
(i) the person signing the approved form appeared to be the 2
person shown in the photographic identification; and 3
(ii) after inspecting the completed approved form-- 4
(A) that information in the completed approved form 5
agreed with information shown on the photographic 6
identification; and 7
(B) that the person is a licensee or, on the information 8
contained in the approved form, is not an excluded 9
person. 10
Maximum penalty--20 penalty units. 11
`(4) It is a condition of the approved shooting club's shooting club 12
permit that the club must keep the approved form for 3 years after the 13
approved form is signed. 14
`(5) The range officer must ensure the person is supervised by the range 15
officer or another range officer at all times when the person is in physical 16
possession of the weapon. 17
Maximum penalty--20 penalty units. 18
`(6) For subsection (5), if the person is in physical possession of a 19
category H weapon, the supervision of the person by a range officer must 20
be direct, personal and exclusive supervision by the range officer at all 21
times when that person is in physical possession of the weapon. 22
`(7) In this section-- 23
"excluded person" means a person-- 24
(a) who has been convicted in Queensland or elsewhere of-- 25
(i) murder or manslaughter; or 26
(ii) armed robbery; or 27
(iii) unlawful wounding; or 28
(iv) grievous bodily harm; or 29
(v) an offence involving drugs, weapons or violence prescribed 30
under a regulation that is punishable by at least 7 years 31
imprisonment; or 32
s 32 28 s 33
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(b) who, in the 5 year period immediately before the day the person 1
signs the approved form under this section, has been convicted 2
of, or discharged from custody on sentence after the person has 3
been convicted of, any of the following offences-- 4
(i) an offence relating to the misuse of drugs; 5
(ii) an offence involving the use or threatened use of violence; 6
(iii) an offence involving the use, carriage, discharge or 7
possession of a weapon; or 8
(c) who, in the 5 year period immediately before the day the person 9
signs the approved form under this section, has been subject to a 10
domestic violence order, other than a temporary protection order; 11
or 12
(d) who is subject to a temporary protection order; or 13
(e) who is prevented by another order of a Queensland court or 14
another court outside Queensland from holding a licence or 15
possessing a weapon unless the order permits the person to 16
possess or use a weapon under supervision; or 17
(f) who, in the 5 year period immediately before the day the person 18
signs the approved form under this section, has been subject to an 19
involuntary assessment order under the Mental Health Act 2000 20
or a similar order under the Mental Health Act 1974, or a similar 21
order in another State; or 22
(g) who has been refused a licence, or whose licence has been 23
revoked, in the 5 year period immediately before the day the 24
person signs the approved form under this section; or 25
(h) whose licence is suspended.'. 26
32 Amendment of s 54 (Possession or use of weapon by unlicensed
Clause 27
person in primary production sometimes allowed) 28
Section 54(2), `physically'-- 29
omit. 30
33 Replacement of s 60 (Secure storage of weapons)
Clause 31
Section 60-- 32
s 34 29 s 36
Weapons (Handguns and Trafficking) Amendment
Bill 2003
omit, insert-- 1
`60 Secure storage of weapons 2
`(1) A licensee who has control of a weapon at a place must keep the 3
weapon in secure storage facilities at the place when a person is not in 4
physical possession of the weapon. 5
Maximum penalty--100 penalty units or 2 years imprisonment. 6
`(2) The registered owner of a firearm must ensure that secure storage 7
facilities for the firearm are available at the place shown in the firearms 8
register as the place where the firearm is generally kept. 9
Maximum penalty--100 penalty units.'. 10
34 Amendment of s 61 (Shortening firearms)
Clause 11
Section 61, penalty-- 12
omit, insert-- 13
`Maximum penalty--100 penalty units or 2 years imprisonment.'. 14
35 Amendment of s 62 (Modifying construction or action of firearms)
Clause 15
(1) Section 62(1), penalty-- 16
omit, insert-- 17
`Maximum penalty--100 penalty units or 2 years imprisonment.'. 18
(2) Section 62(2), penalty-- 19
omit, insert-- 20
`Maximum penalty--100 penalty units or 2 years imprisonment.'. 21
36 Amendment of s 63 (Altering identification marks of weapons)
Clause 22
Section 63, penalty-- 23
omit, insert-- 24
`Maximum penalty--100 penalty units or 2 years imprisonment.'. 25
s 37 30 s 39
Weapons (Handguns and Trafficking) Amendment
Bill 2003
37 Amendment of s 69 (Armourers to be licensed)
Clause 1
Section 69(1A), penalty-- 2
omit, insert-- 3
`Maximum penalty-- 4
(a) for a category D, H or R weapon--500 penalty units or 10 years 5
imprisonment; or 6
(b) for a category C or E weapon--300 penalty units or 7 years 7
imprisonment; or 8
(c) for a category A, B or M weapon--200 penalty units or 4 years 9
imprisonment.'. 10
38 Amendment of s 70 (Employees of dealers and armourers)
Clause 11
Section 70(1), penalty, `20'-- 12
omit, insert-- 13
`100'. 14
39 Amendment of s 71 (Licensed dealers and armourers to keep
Clause 15
register) 16
(1) Section 71(2) to (5)-- 17
omit, insert-- 18
`(2) A licensed dealer or licensed armourer must, for each transaction 19
involving a weapon, enter immediately in the weapons register the 20
particulars prescribed under a regulation. 21
Maximum penalty--20 penalty units or 6 months imprisonment. 22
`(3) A licensed dealer or licensed armourer must notify an authorised 23
officer in the approved form of each transaction involving a weapon within 24
14 days after the transaction happens. 25
Maximum penalty--20 penalty units or 6 months imprisonment. 26
`(4) A person must not remove a part of the weapons register, unless the 27
person has a reasonable excuse. 28
Maximum penalty--20 penalty units or 6 months imprisonment. 29
s 40 31 s 41
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(5) Subsection (4) does not prevent the correction of the weapons 1
register in a way specified under a regulation.'. 2
(2) Section 71(6)-- 3
insert-- 4
`"transaction" means receipt, acquisition, sale or transfer.'. 5
40 Amendment of s 72 (Annual returns by licensed dealers)
Clause 6
(1) Section 72, `is to furnish'-- 7
omit, insert-- 8
`must give'. 9
(2) Section 72, after `stock'-- 10
omit, insert-- 11
`by the licensed dealer'. 12
(3) Section 72-- 13
insert-- 14
`Maximum penalty--60 penalty units.'. 15
41 Replacement of s 73 (Dealer etc. to require information)
Clause 16
Section 73-- 17
omit, insert-- 18
`73 Dealer etc. to require information 19
`A person who is a licensed dealer, a licensed armourer or an agent, 20
employee or representative of the dealer or armourer (each of whom is a 21
"trader") must not purchase from, trade with, sell to or deal in any weapon 22
with a person unless-- 23
(a) the person provides the trader with the particulars prescribed 24
under a regulation; or 25
(b) the trader records the particulars in the weapons register 26
maintained by the dealer or armourer. 27
Maximum penalty--60 penalty units.'. 28
s 42 32 s 43
Weapons (Handguns and Trafficking) Amendment
Bill 2003
42 Amendment of s 75 (Collector to be licensed)
Clause 1
(1) Section 75, `is not to'-- 2
omit, insert-- 3
`must not'. 4
(2) Section 75-- 5
insert-- 6
`Maximum penalty--60 penalty units.'. 7
43 Replacement of ss 76 and 77
Clause 8
Sections 76 and 77-- 9
omit, insert-- 10
`76 Collector's licence (heirloom) 11
`It is a condition of a collector's licence (heirloom) that the licensee may 12
possess an heirloom firearm only if it is made permanently inoperable. 13
`77 Collector's licence (weapons) 14
`(1) It is a condition of a collector's licence (weapons) that the licensee 15
may possess-- 16
(a) category D, M or R weapons only if-- 17
(i) for weapons that are firearms--the weapons are made 18
permanently inoperable; or 19
(ii) for other weapons--the weapons are inert; or 20
(b) category A, B or C weapons that are collectable firearms 21
manufactured on or after 1 January 1901 only if the weapons are 22
made temporarily inoperable; or 23
(c) category H weapons only if-- 24
(i) they are manufactured on or after 1 January 1901 and before 25
1 January 1947 and are temporarily inoperable, collectable 26
firearms; or 27
(ii) they are manufactured on or after 1 January 1947 and are 28
temporarily inoperable, collectible firearms and the 29
s 44 33 s 46
Weapons (Handguns and Trafficking) Amendment
Bill 2003
licensee's licence is endorsed to allow possession of 1
collectable firearms manufactured on or after 1 January 2
1947; or 3
(iii) otherwise--they are permanently inoperable. 4
`(2) In this section-- 5
"collectable firearm" means a firearm that is of obvious and significant 6
commemorative, historic, thematic or investment value.'. 7
44 Amendment of s 78 (Weapons not to be discharged or operated)
Clause 8
(1) Section 78, `is not to'-- 9
omit, insert-- 10
`must not'. 11
(2) Section 78, `as a collector'-- 12
omit, insert-- 13
`under a collector's licence'. 14
(3) Section 78-- 15
insert-- 16
`Maximum penalty--40 penalty units.'. 17
45 Amendment of s 79 (Approval of arms fair)
Clause 18
(1) Section 79(1), `is not to'-- 19
omit, insert-- 20
`must not'. 21
(2) Section 79(1)-- 22
insert-- 23
`Maximum penalty--60 penalty units.'. 24
46 Amendment of s 82 (Removal of register and weapons)
Clause 25
(1) Section 82(1), `is not, without a reasonable excuse, to'-- 26
s 47 34 s 47
Weapons (Handguns and Trafficking) Amendment
Bill 2003
omit, insert-- 1
`must not, without a reasonable excuse,'. 2
(2) Section 82(1)-- 3
insert-- 4
`Maximum penalty--40 penalty units.'. 5
(3) Section 82(3), `is to'-- 6
omit, insert-- 7
`must'. 8
(4) Section 82(3)-- 9
insert-- 10
`Maximum penalty--40 penalty units.'. 11
(5) Section 82(4), `is to'-- 12
omit, insert-- 13
`must'. 14
(6) Section 82(4)-- 15
insert-- 16
`Maximum penalty--40 penalty units.'. 17
47 Amendment of s 83 (Licensed collector leaving Queensland)
Clause 18
(1) Section 83(1), `is, prior to leaving, to'-- 19
omit, insert-- 20
`must, before leaving,'. 21
(2) Section 83(1)-- 22
insert-- 23
`Maximum penalty--20 penalty units.'. 24
(3) Section 83(2), `is not to'-- 25
omit, insert-- 26
`must not'. 27
s 48 35 s 50
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(4) Section 83(2)-- 1
insert-- 2
`Maximum penalty--20 penalty units.'. 3
48 Amendment of s 90 (A nominee is required for some applications)
Clause 4
(1) Section 90, `nominee'-- 5
omit, insert-- 6
`representative'. 7
(2) Section 90(4), `"nominee"'-- 8
omit, insert-- 9
`"representative"'. 10
(3) Section 90(5)-- 11
insert-- 12
`Maximum penalty for subsection (5)--20 penalty units.'. 13
49 Amendment of s 91 (Duty of nominee)
Clause 14
Section 91, `nominee'-- 15
omit, insert-- 16
`representative'. 17
50 Amendment of s 92 (Change of nominee)
Clause 18
(1) Section 92, `nominee'-- 19
omit, insert-- 20
`representative'. 21
(2) Section 92(3), `"nominee notice"'-- 22
omit, insert-- 23
`"representative notice"'. 24
(3) Section 92(3), after `28 days'-- 25
insert-- 26
s 51 36 s 51
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`after occupying the responsible position'. 1
(4) Section 92(3)-- 2
insert-- 3
`Maximum penalty--20 penalty units.'. 4
51 Replacement of s 97 (Club must keep range use register books)
Clause 5
Section 97-- 6
omit, insert-- 7
`97 Club must keep range use register books 8
`(1) It is a condition of an approved shooting club's shooting club permit 9
that the club must keep a range use register and ensure the register is 10
available at all times when the range is being conducted by the shooting 11
club. 12
`(2) Before a person uses a range conducted by an approved shooting 13
club to discharge a weapon, the person must-- 14
(a) if the person is a licensee, produce the person's licence to a range 15
officer at the range; and 16
(b) enter in the range use register the details provided for under 17
subsection (3). 18
Maximum penalty--20 penalty units. 19
20
Note--
21
If the person proposing to use the range is not a licensee, the person must produce the
22
identification and complete the approved form required under section 53.
`(3) The register must include provision for the following details-- 23
(a) the person's identity; 24
(b) the category of weapon the person will use on the range; 25
(c) other details prescribed under a regulation. 26
`(4) It is a condition of an approved shooting club's shooting club permit 27
that the club ensure that a range officer of the club must inspect the entry 28
made by the person in the register and endorse the entry as correct before 29
allowing the person to use the range. 30
s 52 37 s 54
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(5) An endorsement under this section must clearly identify the person 1
making the endorsement. 2
`(6) Subsections (2)(a) and (4) do not apply in relation to a range officer 3
of the approved range using the range to discharge a weapon.'. 4
52 Amendment of s 98 (Service of notice on approved shooting club)
Clause 5
Section 98(1), `nominee'-- 6
omit, insert-- 7
`representative'. 8
53 Insertion of new s 98B
Clause 9
Part 4, division 4, after section 98A-- 10
insert-- 11
`98B Membership of approved pistol clubs 12
`(1) It is a condition of an approved pistol club's shooting club permit 13
that the club must not accept a person for membership of the club unless 14
the person submits with the person's application for membership-- 15
(a) if the person is not a licensee, a current statement in the approved 16
form signed by an authorised officer that the person is a fit and 17
proper person to hold a licence; and 18
(b) 2 character references from persons the person has known for at 19
least 2 years; and 20
(c) a declaration that the person is a current member of other named 21
approved shooting clubs or that the person is not a current 22
member of any other approved shooting club. 23
`(2) A statement mentioned in subsection (1)(a) is current for 3 months 24
after the day it is signed by the authorised officer.'. 25
54 Amendment of s 106 (Revoking or suspending approval)
Clause 26
(1) Section 106, heading, `Revoking or suspending'-- 27
omit, insert-- 28
`Suspending or revoking'. 29
s 55 38 s 56
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(2) Section 106(1), `revoke or suspend'-- 1
omit, insert-- 2
`suspend or revoke'. 3
(3) Section 106(2) and (4), `revocation or suspension'-- 4
omit, insert-- 5
`suspension or revocation'. 6
(4) Section 106(3)-- 7
omit, insert-- 8
`(3) The notice must specify-- 9
(a) if the approval has been suspended--the period of suspension; 10
and 11
(b) the reasons for the suspension or revocation.'. 12
(5) Section 106(5), `shooting club permit'-- 13
omit, insert-- 14
`range approval'. 15
55 Amendment of s 108 (Responsibilities of range operator)
Clause 16
(1) Section 108(2)-- 17
insert-- 18
`Maximum penalty--20 penalty units.'. 19
(2) Section 108(3)-- 20
insert-- 21
`Maximum penalty--20 penalty units.'. 22
56 Amendment of s 110 (Responsibilities of person attending an
Clause 23
approved range) 24
(1) Section 110(1), `physically possess or use a weapon'-- 25
omit, insert-- 26
`possess or use a weapon at the range'. 27
s 57 39 s 59
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(2) Section 110(1)-- 1
insert-- 2
`Maximum penalty--20 penalty units.'. 3
(3) Section 110(2), after `a weapon'-- 4
insert-- 5
`at the range'. 6
57 Amendment of s 111 (Approval of shooting galleries)
Clause 7
(1) Section 111(1) and (2), `is not to'-- 8
omit, insert-- 9
`must not'. 10
(2) Section 111(1)-- 11
insert-- 12
`Maximum penalty--60 penalty units.'. 13
58 Amendment of s 114 (Conduct of persons resorting to shooting
Clause 14
galleries) 15
(1) Section 114(1), `is not to'-- 16
omit, insert-- 17
`must not'. 18
(2) Section 114(1)-- 19
insert-- 20
`Maximum penalty--60 penalty units.'. 21
59 Amendment of s 115 (Theatrical ordnance suppliers to be
Clause 22
licensed) 23
(1) Section 115(1), `is not to'-- 24
omit, insert-- 25
`must not'. 26
s 60 40 s 62
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(2) Section 115(1), `weapon or'-- 1
omit. 2
(3) Section 115(1)-- 3
insert-- 4
`Maximum penalty--60 penalty units.'. 5
60 Amendment of s 118 (Weapons may be supplied for theatre, film
Clause 6
and television productions) 7
Section 118(2), penalty-- 8
omit. 9
61 Amendment of s 120 (Removal of register and weapons)
Clause 10
(1) Section 120(1), `is not to'-- 11
omit, insert-- 12
`must not'. 13
(2) Section 120(1)-- 14
insert-- 15
`Maximum penalty--60 penalty units.'. 16
(3) Section 120(2), `is to'-- 17
omit, insert-- 18
`must'. 19
(4) Section 120(2)-- 20
insert-- 21
`Maximum penalty--60 penalty units.'. 22
62 Amendment of s 121 (Annual returns by licensed theatrical
Clause 23
ordnance supplier) 24
(1) Section 121, `is to furnish'-- 25
omit, insert-- 26
s 63 41 s 64
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`must give'. 1
(2) Section 121, after `stock'-- 2
insert-- 3
`by the licensed theatrical ordnance supplier'. 4
(3) Section 121-- 5
insert-- 6
`Maximum penalty--60 penalty units.'. 7
63 Amendment of s 127 (Obligations of security organisation in
Clause 8
relation to the possession or use of a weapon) 9
(1) Section 127(3), `physically'-- 10
omit. 11
(2) Section 127(4), penalty, after `Maximum penalty'-- 12
insert-- 13
`for subsection (4)'. 14
64 Insertion of new pt 5
Clause 15
After section 129-- 16
insert-- 17
`PART 5--ADDITIONAL REQUIREMENTS IN 18
RELATION TO CATEGORY H WEAPONS 19
`Division 1--Requirements for holders of concealable firearms licence 20
`130 Application of div 1 21
`This division applies to a holder of a concealable firearms licence 22
("licensee") whose genuine reason for possession of a weapon is sports or 23
target shooting. 24
s 64 42 s 64
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`131 Limitation on number of concealable firearms particular 1
licensees may acquire 2
`(1) An individual licensee must not, during the first year after the 3
individual is first issued with a concealable firearms licence, acquire for 4
sports or target shooting under that licence more than-- 5
(a) 1 air pistol; and 6
(b) 1 of the following-- 7
(i) a rim-fire pistol; 8
(ii) a centre-fire pistol; 9
(iii) a black-powder pistol. 10
`(2) Subsection (1) does not apply to-- 11
(a) a person who-- 12
(i) holds a licence or other authority under a law of another 13
State that corresponds with this Act authorising the 14
applicant to possess a category H weapon for sports or 15
target shooting ("relevant authority"); and 16
(ii) has held the relevant authority for at least 12 months; and 17
(iii) has, in the other State, participated in not less than the 18
number of handgun shooting competitions for the weapon 19
necessary to comply with the law of the other State; or 20
(b) a person who-- 21
(i) was permitted or authorised under the law of another 22
country to possess a category H weapon for sports or target 23
shooting; and 24
(ii) has, within the 2 year period immediately before the 25
application is made, consistently participated at a national 26
or international level in internationally recognised shooting 27
competitions for a category H weapon. 28
29
Example of internationally recognised shooting competitions--
30
1. Shooting competitions in the Olympic Games
31
2. Shooting competitions in the Commonwealth Games
32
3. Metallic silhouette world championship.
s 64 43 s 64
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`132 Conditions for concealable firearms licence 1
`(1) It is a condition of a concealable firearms licence that the licensee 2
must not possess any of the following category H weapons under the 3
authority of a concealable firearms licence-- 4
(a) a weapon that has a calibre of more than .38 inch; 5
(b) a weapon that is semi-automatic and has a barrel length of less 6
than 120 mm unless it has an overall length of at least 250 mm 7
measured parallel to the barrel; 8
(c) a weapon that is not semi-automatic and has a barrel length of 9
less than 100 mm unless it has an overall length of at least 10
250 mm measured parallel to the barrel; 11
(d) a weapon with a magazine with a maximum capacity of more 12
than 10 rounds; 13
(e) a weapon designed to be used without a magazine that has a 14
maximum capacity of more than 10 rounds. 15
`(2) Despite subsection (1)(a), (d) or (e), an authorised officer may 16
authorise the licensee, by condition endorsed on the licence, to possess a 17
category H weapon that the licensee is not authorised to possess under 18
subsection (1) if the authorised officer is satisfied that the licensee is to 19
possess the weapon for use in an accredited event. 20
21
Note--
22
Subsection (1) does not interfere with a person's ability to hold the weapons under
23
another appropriate licence.
`(3) It is a condition of a concealable firearms licence that the licensee 24
must be a member of an approved pistol club. 25
`(4) In this section-- 26
"category H weapon" does not include a black-powder pistol. 27
`133 Participation conditions for concealable firearms licence 28
`(1) If a licensee is the registered owner of 1 or more category H 29
weapons in a single class, the licensee's licence is subject to the condition 30
that the licensee use a weapon from that class in not less than 6 handgun 31
shooting competitions conducted on different days in each financial year. 32
s 64 44 s 64
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(2) For subsection (1), if a category H weapon to be used is a high 1
calibre weapon, the handgun shooting competitions at which the weapon 2
must be used must be accredited events. 3
`(3) If the licensee is the registered owner of at least 1 category H 4
weapon in each of 2 or more classes, the licensee's licence is subject to the 5
condition that the licensee use a weapon from each class in not less than 6
4 club organised shoots for the class in each financial year. 7
`(4) For subsection (3)-- 8
(a) at least 6 of the club organised shoots must be handgun shooting 9
competitions; and 10
(b) if 1 of the classes is a class for high calibre weapons, at least 4 of 11
the club organised shoots for a weapon from the class must be 12
accredited events; and 13
(c) each club organised shoot for the classes must be conducted on 14
different days. 15
16
Example for paragraph (c)--
17
If a licensee uses category H weapons from 2 classes in club organised
18
shoots conducted on a single day, only 1 of the shoots is to be taken into
19
account for the licensee's participation record because the shoots are not
20
conducted on different days.
21
Note--
22
Under section 134, the licensee must keep a participation record. The licensee's
23
participation in club organised shoots must be entered in the record and endorsed by a
24
range officer of the shooting club conducting the shoot.
`(5) If the licensee is the registered owner of a single category H weapon 25
in a particular class for less than 12 months in a particular financial year, 26
the relevant participation condition for use of a weapon from that class 27
applies proportionately, based on whole calendar months, for that financial 28
year, after rounding down to the nearest whole number of competitions. 29
30
Examples for subsection (5)--
31
1. If the licensee has 1 category H weapon for 6 months during a particular financial
32
year, the licensee must participate in 3 club organised shoots to satisfy the
33
participation condition for that weapon in that financial year.
34
2. If the licensee has 1 category H weapon for 5 months during a particular financial
35
year, the licensee must participate in 2 club organised shoots to satisfy the
36
participation condition for that weapon in that financial year.
s 64 45 s 64
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(6) However, if the licensee is the registered owner of a single category 1
H weapon in a particular class for less than 3 months in a particular 2
financial year, the relevant participation condition for use of a weapon from 3
that class does not apply for that financial year. 4
`(7) Also, if in a particular financial year the licensee satisfies an 5
authorised officer that the licensee is, or was, unable to comply with a 6
relevant participation condition for the year for reasons outside the 7
licensee's control, the authorised officer may decide the number of times, if 8
any, that the licensee must use, or was required to use, a weapon in a club 9
organised shoot for the particular year to satisfy the participation condition. 10
`(8) A decision under subsection (7) must be made on a proportionate 11
basis, based on whole calendar months, having regard to the period that the 12
authorised officer is satisfied the licensee is, or was, unable to comply with 13
a relevant participation condition for reasons outside the licensee's control. 14
`(9) In this section-- 15
"high calibre weapon" means a category H weapon, other than a 16
black-powder pistol, having a calibre of more than .38 inch but not 17
more than .45 inch. 18
`134 Licensees to keep participation record 19
`(1) If a licensee is the registered owner of a category H weapon, it is a 20
special condition of the licensee's licence that the licensee-- 21
(a) advise each approved pistol club of which the licensee is a 22
member of the participation conditions, and any change to the 23
participation conditions, to which the member's licence is 24
subject; and 25
(b) keep a record of the licensee's participation in handgun shooting 26
competitions ("participation record"). 27
`(2) The advice under subsection (1)(a) must be given in writing within 28
28 days after the happening of any of the following-- 29
(a) the start of a financial year; 30
(b) the licensee becoming a member of an approved pistol club; 31
(c) a change to the participation conditions to which the licensee's 32
licence is subject. 33
s 64 46 s 64
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(3) The participation record must contain the information prescribed 1
under a regulation. 2
`(4) The licensee must enter the prescribed information immediately 3
after the licensee's participation in a club organised shoot has ended. 4
`(5) The licensee must have the entry endorsed, in the way prescribed 5
under a regulation, as correct by a range officer of the approved pistol club 6
conducting the club organised shoot on the day of the shoot before the 7
shoot ends. 8
`(6) If the club organised shoot is a handgun shooting competition 9
conducted outside Queensland, the licensee may have the entry endorsed, 10
in the way prescribed under a regulation, as correct by an official 11
supervising the competition. 12
`(7) An endorsement under subsection (5) or (6) must clearly identify the 13
person making the endorsement. 14
`(8) An entry properly endorsed under this section is evidence of the 15
licensee's participation in the club organised shoot. 16
`(9) In this section-- 17
"registered owner", of a category H weapon, means the person entered in 18
the firearms register as the owner of the weapon. 19
`135 Show cause notice 20
`(1) If an authorised officer reasonably suspects that a licensee has failed 21
to comply with a participation condition, the authorised officer may give 22
the licensee a written notice ("show cause notice"). 23
`(2) The show cause notice must state the following-- 24
(a) that the licensee may be required to dispose of a particular 25
category H weapon or class of category H weapon (the 26
"proposed action"); 27
(b) the ground for the proposed action; 28
(c) an outline of the facts and circumstances forming the basis for 29
the grounds; 30
(d) an invitation to the licensee to show, within a stated period (the 31
"show cause period"), why the proposed action should not be 32
taken. 33
s 64 47 s 64
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(3) The show cause period must be a period ending at least 28 days after 1
the day the show cause notice is given to the licensee. 2
`136 Consideration of representations 3
`(1) The licensee may make written representations about the show 4
cause notice to the authorised officer in the show cause period. 5
`(2) The authorised officer must consider all written representations (the 6
"accepted representations") made under subsection (1). 7
`137 Notice to dispose 8
`(1) If, after considering the accepted representations, the authorised 9
officer is not satisfied that the licensee has complied with a participation 10
condition, the authorised officer may, by written notice ("notice to 11
dispose") given to the licensee, require the licensee to dispose of a 12
particular category H weapon or class of category H weapon within 3 13
months after the date of the notice. 14
15
Note--
16
If the authorised officer is satisfied that the licensee's failure to comply with a
17
participation condition was for reasons outside the licensee's control, the authorised
18
officer may, under section 133(7), decide the number of times the licensee was required
19
to use the weapon to satisfy the participation condition.
`(2) The licensee must dispose of the weapon within 3 months after the 20
date of the notice to dispose-- 21
(a) to a person lawfully acquiring the weapon under a permit to 22
acquire; or 23
(b) by delivering the weapon to a licensed dealer; or 24
(c) by delivering the weapon to a licensed armourer; or 25
(d) by surrendering the weapon to a police officer under 26
arrangements made for the surrender. 27
`(3) The licensee may acquire a weapon delivered to a licensed dealer or 28
licensed armourer under this section only if the licensee has a current 29
permit to acquire the weapon issued after the weapon was delivered to the 30
dealer or armourer. 31
Maximum penalty--100 penalty units or 2 years imprisonment. 32
s 64 48 s 64
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(4) The licensee must provide evidence of the disposal to an authorised 1
officer within 4 months after the date of the notice to dispose. 2
Maximum penalty--60 penalty units. 3
`(5) If a weapon is surrendered to a police officer under this section-- 4
(a) on the surrender, the weapon is State property; and 5
(b) no compensation is payable for the weapon. 6
`Division 2--Requirements for collectors 7
`138 Condition for collector's licence (weapons) 8
`(1) It is a condition of a collector's licence (weapons) that the licensee 9
must not possess temporarily inoperable category H weapons unless the 10
licensee is a member of an approved historical society. 11
`(2) It is a condition of a collector's licence (weapons) that the licensee 12
must not possess temporarily inoperable modern handguns. 13
`(3) Despite subsection (2), an authorised officer may authorise the 14
licensee to possess temporarily inoperable modern handguns if the 15
authorised officer is satisfied that the licensee has a prolonged and genuine 16
interest in the study, preservation or collection of firearms. 17
`(4) If the authorised officer authorises the licensee to possess 18
temporarily inoperable modern handguns, the authorised officer must 19
endorse the licensee's licence accordingly. 20
`Division 3--Requirements for approved pistol clubs 21
`139 Endorsement of participation record 22
`(1) This section applies if an approved pistol club is conducting a club 23
organised shoot. 24
`(2) If asked by a licensee participating in the club organised shoot after 25
the licensee's participation in the shoot has ended, but before the shoot 26
ends, a range officer of the pistol club must-- 27
(a) inspect the licensee's entry in the licensee's participation record; 28
and 29
s 64 49 s 64
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(b) if satisfied the entry is correct, endorse the entry in the way 1
prescribed under a regulation. 2
`140 Approved pistol club to give annual report 3
`(1) The representative of an approved pistol club must give an 4
authorised officer a report under this section before 31 August in each year. 5
`(2) The report must advise the authorised officer-- 6
(a) about each member of the pistol club who, according to the pistol 7
club's records, failed to satisfy a participation condition to which 8
the member's licence was subject during the immediately 9
preceding financial year; or 10
(b) that, according to the pistol club's records, each member of the 11
pistol club satisfied the participation conditions to which the 12
member's licence was subject during the immediately preceding 13
financial year. 14
`141 Show cause notice 15
`(1) If an authorised officer reasonably suspects that the representative of 16
an approved pistol club failed to give a report as required under 17
section 140, the authorised officer may give the approved pistol club a 18
written notice ("show cause notice"). 19
`(2) The show cause notice must state the following-- 20
(a) that the authorised officer may revoke the approved pistol club's 21
shooting club permit (the "proposed action"); 22
(b) the ground for the proposed action; 23
(c) an outline of the facts and circumstances forming the basis for 24
the grounds; 25
(d) an invitation to the approved pistol club to show, within a stated 26
period (the "show cause period"), why the proposed action 27
should not be taken. 28
`(3) The show cause period must be a period ending at least 28 days after 29
the day the show cause notice is given to the approved pistol club. 30
s 64 50 s 64
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`141A Consideration of representations 1
`(1) The approved pistol club may make written representations about 2
the show cause notice to the authorised officer in the show cause period. 3
`(2) The authorised officer must consider all written representations (the 4
"accepted representations") made under subsection (1). 5
6
Note--
7
An authorised officer is empowered to suspend or revoke a shooting club permit under
8
section 96.
`Division 4--Disclosure requirements for approved pistol clubs and 9
approved historical societies 10
`141B Disclosure requirements 11
`(1) It is a condition of a relevant entity's shooting club permit or 12
approval that the representative of the entity must advise the commissioner 13
in writing as required under subsection (2)-- 14
(a) when a member of the entity stops being a member of an entity; 15
or 16
(b) when a member of the entity is expelled from the entity and the 17
reason for the expulsion. 18
`(2) The representative must advise the commissioner within 14 days 19
after the member stops being a member or is expelled. 20
`(3) This section applies despite any duty of confidentiality owed by the 21
representative or entity to the member. 22
`(4) The giving of information by a representative under this section 23
does not give rise to any criminal or civil action or remedy against the 24
representative or the entity. 25
`(5) In this section-- 26
"relevant entity" means-- 27
(a) an approved pistol club; or 28
(b) an approved historical society.'. 29
s 65 51 s 67
Weapons (Handguns and Trafficking) Amendment
Bill 2003
65 Amendment of pt 6 (Appeals)
Clause 1
Part 6, heading-- 2
omit, insert-- 3
`PART 6--APPEALS AND RIGHTS OF REVIEW'. 4
66 Amendment of s 142 (Right of appeal against decisions)
Clause 5
Section 142(1)(c), `nominee'-- 6
omit, insert-- 7
`representative'. 8
67 Insertion of new s 142A
Clause 9
After section 142-- 10
insert-- 11
`142A Particular provision for appeals against or reviews of decisions 12
based on criminal intelligence 13
`(1) This section applies to an appeal from, or a review of, a relevant 14
decision. 15
`(2) The court deciding the appeal or reviewing the decision-- 16
(a) must ensure that it does not, in the reasons for its decision or 17
otherwise, disclose the content of any criminal intelligence on 18
which the decision is based; and 19
(b) in order to prevent the disclosure of the criminal intelligence 20
must receive evidence and hear argument in the absence of the 21
public, the appellant or applicant for review and the appellant's 22
or applicant's lawyer or representative. 23
`(3) In this section-- 24
"criminal intelligence" means criminal intelligence or other information 25
of the kind mentioned in section 10B(1)(ca) or 10C(1) that could, if 26
disclosed, reasonably be expected-- 27
(a) to prejudice the investigation of a contravention or possible 28
contravention of this Act; or 29
s 68 52 s 68
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(b) to enable the existence or identity of a confidential source of 1
information, in relation to the enforcement or administration of 2
this Act, to be ascertained; or 3
(c) to endanger a person's life or physical safety; or 4
(d) to prejudice the effectiveness of a lawful method or procedure for 5
preventing, detecting, investigating or dealing with a 6
contravention or possible contravention of this Act; or 7
(e) to prejudice the maintenance or enforcement of a lawful method 8
or procedure for protecting public safety. 9
"relevant decision" means any of the following decisions-- 10
(a) a decision refusing an application for a licence or to renew a 11
licence; 12
(b) a decision suspending or revoking a licence. 13
"review", a decision, means review the decision under the Judicial Review 14
Act 1991.'. 15
68 Replacement of s 151 (Disclosure by doctors and psychologists of
Clause 16
certain information) 17
Section 151-- 18
omit, insert-- 19
`151 Disclosure by professional carer of certain information 20
`(1) If a professional carer is of the opinion that a person is an unsuitable 21
person to possess a firearm for either of the following reasons, the 22
professional carer may inform the commissioner of the opinion and give 23
the commissioner any relevant information about the person including the 24
person's identity-- 25
(a) because of the person's mental or physical condition; or 26
(b) because the person may be a danger to himself, herself or 27
someone else. 28
`(2) The giving of an opinion or information by a professional carer 29
under subsection (1) does not give rise to any criminal or civil action or 30
remedy against the professional carer. 31
s 68 53 s 68
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(3) This section applies despite any duty of confidentiality owed by the 1
professional carer to the person. 2
`(4) In this section-- 3
"health services" means services prescribed under a regulation for 4
maintaining, improving and restoring people's health and wellbeing. 5
"professional carer" means-- 6
(a) a doctor; or 7
(b) a registrant as defined under the Psychologists Registration 8
Act 2001; or 9
(c) a nurse as defined under the Nursing Act 1992; or 10
(d) a person prescribed under a regulation who is engaged in 11
providing health services. 12
`151A Disclosure by approved shooting clubs and approved historical 13
societies of particular information 14
`(1) Subsection (2) applies if a majority of the governing body of a 15
relevant entity reasonably believes that a member of the entity is an 16
unsuitable person to possess a firearm-- 17
(a) because of the member's mental or physical condition; or 18
(b) because the member may be a danger to himself, herself or 19
someone else. 20
`(2) The entity must inform the commissioner in writing of the 21
governing body's belief and give the commissioner any relevant 22
information about the member's condition and identity. 23
`(3) The giving of an opinion or information by an entity under this 24
section does not give rise to any criminal or civil action or remedy against 25
the entity. 26
`(4) This section applies despite any duty of confidentiality owed by the 27
entity to the member. 28
`(5) In this section-- 29
"relevant entity" means-- 30
(a) an approved shooting club; or 31
(b) an approved historical society. 32
s 68 54 s 68
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`151B Protection of informers 1
`(1) If an informer supplies information to a police officer in relation to 2
the commission of an indictable offence against this Act, the informer's 3
identity must, at all times, be kept confidential. 4
`(2) A person must not disclose the name of an informer or any other 5
particular that may be likely to lead to the informer's identification. 6
Maximum penalty--2 years imprisonment. 7
`(3) However, a person does not contravene subsection (2) if-- 8
(a) the informer consents to the information being disclosed; or 9
(b) the disclosure was made in good faith for the protection of the 10
informer's interests; or 11
(c) a court orders the disclosure after being satisfied that-- 12
(i) disclosing the information is not likely to jeopardise the 13
informer's safety; and 14
(ii) the disclosure is in the public interest. 15
`151C Source of information not to be disclosed 16
`(1) This section applies to a proceeding under this Act or another Act if 17
an informer has supplied information to a police officer in relation to the 18
commission of an indictable offence against this Act. 19
`(2) If the prosecutor or a prescribed witness in the proceeding is asked 20
to disclose any of the following, the prosecutor or prescribed witness can 21
not be compelled to disclose-- 22
(a) the name of an informer, or any other particular that may be 23
likely to lead to the informer's identification; or 24
(b) the fact that, in relation to the offence, the prosecutor or 25
witness-- 26
(i) received information from an informer; or 27
(ii) furnished information to an informer or the nature of the 28
information. 29
`(3) A police officer appearing as a prosecutor or witness in the 30
proceeding must not be compelled-- 31
s 68 55 s 68
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(a) to produce a report or document, made or received by the police 1
officer in the police officer's official capacity or containing 2
information given by the informer in relation to the offence; or 3
(b) to make a statement in relation to the report or document or 4
information contained in the report or document. 5
`(4) However the prosecutor, prescribed witness or police officer in the 6
proceeding may be compelled to disclose information, or a report or 7
document, to the extent-- 8
(a) the informer consents to the particular information, or all or a 9
particular part of the report or document, being disclosed; or 10
(b) a court orders that particular information, or all or a particular 11
part of the report or document, be disclosed after being satisfied 12
that the disclosure is not likely to jeopardise the informer's safety 13
and is in the public interest. 14
`(5) In this section-- 15
"prescribed witness" means-- 16
(a) a person appearing as a witness for the prosecution; or 17
(b) a police officer appearing as a witness for the defence. 18
`151D Power to prohibit publication of proceedings 19
`(1) In a proceeding arising out of a charge of having committed an 20
indictable offence against this Act, the presiding judicial officer may make 21
an order prohibiting the publication of all or any part of the proceeding and 22
the name and address of any witness. 23
`(2) An application for an order under subsection (1) may be made in 24
closed court in the presence of any person the presiding judicial officer 25
permits and no other person. 26
`(3) On the hearing of the application, the presiding judicial officer may 27
receive and act on any information the presiding judicial officer considers 28
appropriate. 29
`(4) When considering an application to prohibit publication, the 30
presiding judicial officer must have regard to-- 31
(a) the safety of any person; and 32
s 69 56 s 69
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(b) the extent to which the detection of offences of a like nature may 1
be affected; and 2
(c) the need to guarantee the confidentiality of information given by 3
an informer. 4
`(5) A person who contravenes an order made by a presiding judicial 5
officer under subsection (1) commits an offence. 6
Maximum penalty-- 7
(a) if the order is made by a magistrate--2 years imprisonment; or 8
(b) if the order is made by a judge--5 years imprisonment. 9
`(6) This section is in addition to and not in substitution for the Child 10
Protection Act 1999, sections 192 and 1933 and the Juvenile Justice 11
Act 1992. 12
`(7) In this section-- 13
"presiding judicial officer", for a proceeding, means-- 14
(a) the magistrate hearing and deciding the matter summarily or 15
conducting the examination of witnesses; or 16
(b) the judge presiding over the court to which a person has been 17
committed for trial or sentence.'. 18
69 Insertion of new s 154
Clause 19
After section 153-- 20
insert-- 21
`154 Authorised officers may approve particular weapons to be of 22
particular types 23
`(1) An authorised officer, specially authorised by the commissioner for 24
this section, may-- 25
(a) decide that ammunition is not commercially available for a thing 26
mentioned in paragraph (a), (b)(i), (c) or (d) of the definition 27
"firearm" and manufactured before 1 January 1901; or 28
3 Child Protection Act 1999, sections 192 (Prohibition of publication of certain
information for proceedings) and 193 (Restrictions on reporting certain court
proceedings)
s 70 57 s 71
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(b) approve a firearm to be a pre-percussion handgun if the 1
authorised officer reasonably believes the firearm-- 2
(i) is an antique firearm less than 75 cm in length; and 3
(ii) does not use percussion as a means of igniting a charge; and 4
(iii) does not accept cartridge ammunition. 5
`(2) The commissioner may specially authorise an authorised officer 6
under this section if the commissioner is satisfied that the officer has the 7
necessary qualifications or experience to be specially authorised for this 8
section.'. 9
70 Omission of s 156 (Offences generally)
Clause 10
Section 156-- 11
omit. 12
71 Amendment of s 157 (Fraud and unlawful possession of licence
Clause 13
etc.) 14
(1) Section 157(1), `is not'-- 15
omit, insert-- 16
`must not'. 17
(2) Section 157(1)(a), `to have'-- 18
omit, insert-- 19
`have'. 20
(3) Section 157(1)(b), `to lend'-- 21
omit, insert-- 22
`lend'. 23
(4) Section 157(1)(c), `to make or'-- 24
omit, insert-- 25
`make or'. 26
(5) Section 157(1)-- 27
insert-- 28
s 72 58 s 73
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`Maximum penalty--100 penalty units or 2 years imprisonment.'. 1
(6) Section 157(2), `null and'-- 2
omit. 3
72 Replacement of s 158 (False or misleading information)
Clause 4
Section 158-- 5
omit, insert-- 6
`158 False or misleading statements 7
`(1) A person must not state anything in a document required to be kept, 8
given or made under this Act that the person knows is false or misleading in 9
a material particular. 10
Maximum penalty--100 penalty units or 2 years imprisonment. 11
`(2) It is enough for a complaint for an offence against subsection (1) to 12
state the statement made was `false or misleading' to the person's 13
knowledge, without specifying which. 14
`(3) In this section-- 15
"state" includes disclose, declare, advise and give.'. 16
73 Replacement of s 161 (Proceedings for offences)
Clause 17
Section 161-- 18
omit, insert-- 19
`161 Proceedings for an offence 20
`(1) Subject to subsections (2) and (3), a proceeding for an offence 21
against this Act must be taken in a summary way under the Justices Act 22
1886 within the later of the following-- 23
(a) 1 year after the offence is committed; 24
(b) 1 year after the commission of the offence comes to the 25
complainant's knowledge, but within 2 years after the 26
commission of the offence. 27
`(2) A proceeding for an indictable offence punishable by more than 28
10 years imprisonment may only be taken on indictment. 29
s 73 59 s 73
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(3) A proceeding for an indictable offence, other than an indictable 1
offence punishable by more than 10 years imprisonment, may, at the 2
election of the prosecution, be taken-- 3
(a) by way of summary proceedings under subsection (1); or 4
(b) on indictment. 5
`(4) A proceeding against a person for an indictable offence must be 6
before a magistrate if it is a proceeding-- 7
(a) for the summary conviction of the person; or 8
(b) for an examination of witnesses in relation to the charge. 9
`(5) If a proceeding for an indictable offence is brought before a justice 10
who is not a magistrate, jurisdiction is limited to taking or making a 11
procedural action or order as defined under the Justices of the Peace and 12
Commissioners for Declarations Act 1991. 13
`(6) If the magistrate hearing a charge of an indictable offence considers 14
the charge should be prosecuted on indictment, the magistrate-- 15
(a) must not decide the charge as a summary offence; and 16
(b) must proceed by way of a committal proceeding. 17
`(7) If a magistrate acts under subsection (6)-- 18
(a) any plea of the person charged, made at the start of the 19
proceeding, must be disregarded; and 20
(b) any evidence brought in the proceeding before the magistrate 21
decided to act under subsection (6) is taken to be evidence in the 22
proceeding for the committal of the person for trial or sentence; 23
and 24
(c) before committing the person for trial or sentence, the magistrate 25
must make a statement to the person under the Justices Act 1886, 26
section 104(2)(b).4 27
`(8) The maximum penalty that may be imposed on a summary 28
conviction of an indictable offence is 150 penalty units or 3 years 29
imprisonment. 30
`(9) In this section-- 31
4 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 73 60 s 73
Weapons (Handguns and Trafficking) Amendment
Bill 2003
"indictable offence" means an offence against this Act for which the 1
maximum penalty of imprisonment is more than 2 years. 2
`161A Indictable offences 3
`(1) An offence against this Act punishable by at least 7 years 4
imprisonment is a crime. 5
`(2) An offence against this Act punishable by more than 2 years 6
imprisonment but less than 7 years imprisonment is a misdemeanour. 7
`161B Circumstances in which particular charges may be joined 8
`(1) Charges that a person contravened section 50B(1)5 on specified 9
occasions over a specified period may be joined in the same complaint or 10
indictment. 11
`(2) Charges that a person contravened section 69(1A)6 on specified 12
occasions over a specified period may be joined in the same complaint or 13
indictment. 14
`(3) Charges that a licensed dealer or licensed armourer contravened 15
section 71(2)7 on specified occasions over a specified period may be joined 16
in the same complaint. 17
`(4) Charges that a person contravened section 117(2) on specified 18
occasions over a specified period may be joined in the same complaint. 19
`(5) Charges that a person contravened section 126(1)8 on specified 20
occasions over a specified period may be joined in the same complaint. 21
`(6) Charges that an individual contravened section 126A(1)(b)9 on 22
specified occasions over a specified period may be joined in the same 23
complaint. 24
5 Section 50B (Unlawful supply of weapons)
6 Section 69 (Armourers to be licensed)
7 Section 71 (Licensed dealers and armourers to keep register)
8 Section 126 (Employed security guard must record prescribed information)
9 Section 126A (Obligation of security guard carrying on business to keep register)
s 74 61 s 75
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(7) Charges that a security organisation contravened section 128(1)(b)10 1
on specified occasions over a specified period may be joined in the same 2
complaint.'. 3
74 Amendment of s 163 (Evidentiary provisions)
Clause 4
(1) Section 163(1)-- 5
insert-- 6
`(ca) a certificate purporting to be signed by the commissioner or 7
deputy commissioner that the commissioner or deputy 8
commissioner, acting personally under section 15(5), approved 9
the rejection of an application mentioned in section 15 because a 10
person was not a fit and proper person is evidence of the matter; 11
and'. 12
(2) Section 163-- 13
insert-- 14
`(3A) In relation to a charge involving the unlawful possession of a 15
firearm under section 50, the person charged is to be taken to have been in 16
possession of the firearm if there is proof that the firearm was, at the 17
material time, in or on a place of which the person was the occupier or 18
concerned in the management or control unless the person shows-- 19
(a) that the firearm was brought to the place by someone who was 20
authorised to have possession of the firearm; or 21
(b) that the person neither knew nor had reason to suspect that the 22
firearm was in or on the place; or 23
(c) that someone other than the person had responsibility for the 24
weapon.'. 25
75 Amendment of s 172 (Regulation-making power)
Clause 26
Section 172(3), `10'-- 27
omit, insert-- 28
`20'. 29
10 Section 128 (Obligations of security organisation in relation to register)
s 76 62 s 76
Weapons (Handguns and Trafficking) Amendment
Bill 2003
76 Amendment of pt 8 (Transitional provisions)
Clause 1
(1) Part 8, before section 173-- 2
insert-- 3
`Division 1--Transitional provision for Police Powers and 4
Responsibilities and Another Act Amendment Act 2001'. 5
(2) After section 173-- 6
insert-- 7
`Division 2--Transitional provisions for Weapons (Handguns and 8
Trafficking) Amendment Act 2003 9
`174 Definitions for div 2 10
`In this division-- 11
"amnesty period" means the period declared under section 168B as the
11
12
amnesty period for this division. 13
"part of a prohibited handgun" means a thing prescribed under a 14
regulation that relates to a prohibited handgun. 15
"prohibited handgun" means a category H weapon that the holder of a 16
concealable firearms licence must not possess under section 132.12 17
`175 Compensation--prohibited handguns and parts of prohibited 18
handguns 19
`(1) Compensation for prohibited handguns, and parts of prohibited 20
handguns, surrendered to the commissioner during the amnesty period is 21
payable only to the following persons-- 22
(a) a licensed dealer or licensed armourer; 23
(b) a holder of a concealable firearms licence whose reason for 24
possessing a prohibited handgun is sports or target shooting. 25
`(2) However, compensation is payable only for prohibited handguns and 26
parts of prohibited handguns for which the State may receive 27
11 Section 168B (Amnesty declaration)
12 Section 132 (Conditions for concealable firearms licence)
s 76 63 s 76
Weapons (Handguns and Trafficking) Amendment
Bill 2003
reimbursement under an agreement with the Commonwealth providing for 1
compensation for the purposes of this division. 2
`(3) Compensation is payable for a prohibited handgun, or part of a 3
prohibited handgun, only if it is-- 4
(a) manufactured on or before 20 December 2002; and 5
(b) surrendered before or on the last day of the amnesty period. 6
`(4) Compensation for a surrendered prohibited handgun or part of a 7
prohibited handgun-- 8
(a) is payable in an amount and in the way provided for under a 9
regulation; and 10
(b) is not payable other than under this section. 11
`(5) If a regulation does not provide for the amount of compensation 12
payable for a particular prohibited handgun or part of a prohibited 13
handgun, the regulation may provide for the way in which a dispute about 14
its value is to be decided. 15
`(6) The commissioner may refuse to compensate a person for part of a 16
prohibited handgun that is surrendered if the commissioner reasonably 17
believes that the person has manufactured or imported the part for the 18
purpose, or predominantly for the purpose, of applying for compensation 19
under this section and not for genuine commercial sale. 20
`(7) For subsection (6), the following are relevant matters in forming the 21
belief-- 22
(a) the commercial demand for the part; 23
(b) the quality of the part; 24
(c) the number of parts surrendered; 25
(d) when the part was manufactured or imported. 26
`(8) A regulation may provide that compensation under this section is 27
payable only if conditions provided for under the regulation are complied 28
with. 29
`(9) A thing surrendered under this section is State property when 30
compensation for the thing is paid under this section. 31
s 76 64 s 76
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`176 Compensation--other handguns and related matters 1
`(1) A regulation may provide for compensation for the surrender during 2
the amnesty period of category H weapons, other than prohibited handguns 3
for which compensation is payable under section 175, and other things or 4
matters related to category H weapons. 5
`(2) A regulation may provide that compensation under subsection (1) is 6
payable only if conditions provided for under the regulation are complied 7
with. 8
`(3) A thing surrendered under this section is State property when 9
compensation for the thing is paid under this section. 10
`177 Possession of prohibited handguns during amnesty period 11
`(1) A person who, immediately before the commencement of this 12
section, was in lawful possession of a prohibited handgun does not 13
contravene the condition mentioned in section 132(1) if the person is in 14
possession of the prohibited handgun during the amnesty period. 15
`(2) A person in lawful possession of a prohibited handgun under an 16
existing licence must not use the weapon after the commencement of this 17
section unless-- 18
(a) the person is authorised to possess the weapon under 19
section 132(2); or 20
(b) the person's genuine reason for possessing the weapon includes 21
an occupational requirement for rural purposes. 22
Maximum penalty for subsection (2)--20 penalty units. 23
`178 Licensed collectors 24
`(1) This section applies to a person who-- 25
(a) immediately before the commencement of this section, is the 26
holder of a collector's licence (weapons); and 27
(b) lawfully possesses 1 or more temporarily inoperable modern 28
handguns under that licence. 29
`(2) The person does not contravene the condition mentioned in 30
section 138(2) only because the person is in possession of a temporarily 31
inoperable modern handgun during the amnesty period. 32
s 76 65 s 76
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`(3) However before the end of the amnesty period, the person must-- 1
(a) lawfully dispose of all temporarily inoperable modern handguns 2
that the person possesses; or 3
(b) apply for an endorsement on the licence of the type mentioned in 4
section 138(4); or 5
(c) otherwise apply for a licence, other than a collector's licence 6
(weapons) that, if granted, would authorise the person to possess 7
the temporarily inoperable modern handguns; or 8
(d) make the temporarily inoperable modern handguns permanently 9
inoperable. 10
`(4) At the end of the amnesty period, neither this section nor the 11
person's licence authorises the person to possess a temporarily inoperable 12
modern handgun if-- 13
(a) the person has not complied with subsection (3) before the end of 14
the amnesty period; or 15
(b) the person applied for an endorsement on the licence of the type 16
mentioned in section 138(4), or for another type of licence, but 17
the application was refused. 18
`(5) If the person applied for an endorsement on the licence of the type 19
mentioned in section 138(4), or for another type of licence, and the 20
application was not granted or refused before the end of the amnesty 21
period, the person does not contravene the condition mentioned in 22
section 138(2) if-- 23
(a) the person is in possession of a temporarily inoperable modern 24
handgun until 7 days after the person is given notice that the 25
application is refused; and 26
(b) before the end of the 7 days mentioned in paragraph (a), the 27
person lawfully disposes of the modern handgun. 28
`179 Participation records for s 18B 29
`The requirement to produce a participation record under 30
section 18B(4)(b) does not apply to an application for renewal of a 31
concealable firearms licence made before 1 January 2004. 32
s 77 66 s 77
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`180 Joinder of charges 1
`Section 161B applies only in relation to contraventions occurring after 2
the commencement of the section. 3
`181 Transitional regulation-making power 4
`(1) A regulation (a "transitional regulation") may make provision of a 5
saving or transitional nature for which-- 6
(a) it is necessary to make provision to allow or facilitate the doing 7
of anything to achieve the transition from the operation of this 8
Act before the commencement of this section to the operation of 9
this Act after the commencement; and 10
(b) this Act does not make provision or sufficient provision. 11
`(2) A transitional regulation may have retrospective operation to a day 12
not earlier than the commencement. 13
`(3) A transitional regulation must declare it is a transitional regulation. 14
`(4) This section and any transitional regulation expire 1 year after the 15
commencement. 16
`182 Amendment of regulation by Weapons (Handguns and 17
Trafficking) Amendment Act 2003 does not affect powers of 18
Governor in Council 19
`The amendment of the Weapons Categories Regulation 1997 by the 20
Weapons (Handguns and Trafficking) Amendment Act 2003 does not affect 21
the power of the Governor in Council to further amend the regulation or to 22
repeal it.'. 23
77 Amendment of sch 1
Clause 24
(1) Schedule 1, items 4 and 5-- 25
omit. 26
(2) Schedule 1-- 27
insert-- 28
s 77 67 s 77
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`4 Limiting or prohibiting acquisition, possession or use of weapons 1
and magazines 2
`Limiting or prohibiting acquisition, possession or use of particular 3
weapons or magazines or particular categories of weapons or magazines. 4
`5 Secure storage facilities for weapons 5
`Requirements for secure storage facilities for weapons. 6
`11 Terms of approvals, permits and exemptions 7
`Providing for the terms of approvals, shooting club permits and 8
exemptions. 9
`12 Approved historical societies 10
`Providing for the approval, conditions of approval, revocation of 11
approval and obligations, of approved historical societies and their 12
representatives. 13
`13 Record-keeping 14
`Providing for the keeping of records. 15
`14 Production of weapons 16
`Providing for the production of a category H weapon to establish its 17
barrel length or calibre. 18
`15 Disclosing licence information to approved shooting clubs and 19
approved historical societies 20
`Providing for the disclosure of information about licences, conditions 21
attaching to licences, and eligibility for licences of members of approved 22
pistol clubs to the approved pistol clubs or members of approved historical 23
societies to the approved historical societies. 24
s 78 68 s 78
Weapons (Handguns and Trafficking) Amendment
Bill 2003
`16 Registration of antique handguns 1
`Providing for the registration of antique handguns. 2
`17 Providing for approved shooting ranges 3
`Providing for matters relating to persons using an approved range and 4
the conduct of an approved range.'. 5
78 Amendment of sch 2
Clause 6
(1) Schedule 2, definitions "antique firearm" and "weapon"-- 7
omit. 8
(2) Schedule 2-- 9
insert-- 10
`"accredited event" means a handgun shooting competition prescribed 11
under a regulation to be an accredited event. 12
"amnesty period", for part 8, division 2, see section 174. 13
"antique firearm" means a thing, mentioned in paragraph (a), (b)(i), (c) or 14
(d) of the definition "firearm" and manufactured before 1 January 15
1901, that is one of the following-- 16
(a) a muzzle loading firearm; 17
(b) a cap and ball firearm; 18
(c) a firearm in relation to which an authorised officer decides under 19
section 154 that ammunition is not commercially available. 20
"antique handgun" means an antique firearm, other than a prepercussion 21
handgun, that is less than 75 cm in length. 22
"approved historical society" means a body, whether incorporated or 23
unincorporated, of a kind prescribed under a regulation that is granted 24
approval by an authorised officer under a regulation as an approved 25
historical society. 26
"approved pistol club" means an approved shooting club that has, as a 27
purpose endorsed on the shooting club's shooting club permit, the 28
conduct of sports or target shooting using category H weapons. 29
s 78 69 s 78
Weapons (Handguns and Trafficking) Amendment
Bill 2003
"associate", of a licensed dealer or an applicant for a dealer's licence, 1
means a person, other than a financial institution, who-- 2
(a) holds or will hold a relevant financial interest in the business or 3
proposed business of the licensed dealer or applicant; or 4
(b) is or may be entitled to exercise a relevant power, whether in the 5
person's own right or for someone else, in the business or 6
proposed business of the licensed dealer or applicant; or 7
(c) holds or will hold a relevant position, whether in the person's 8
own right or for someone else, in the business or proposed 9
business of the licensed dealer or applicant. 10
"black-powder pistol" has the meaning prescribed under a regulation. 11
"business" means the business carried on under the authority of a licence. 12
"category", of weapon, means a category prescribed under the Weapons 13
Categories Regulation 1997. 14
"class", in relation to a category H weapon, means a class prescribed under 15
a regulation for the weapon. 16
"club organised shoot" means-- 17
(a) a practice shoot organised by an approved pistol club; or 18
(b) a handgun shooting competition. 19
"criminal history", of a person, means the convictions, other than spent 20
convictions, recorded against the person for offences, in Queensland 21
or elsewhere, whether before or after the commencement of this Act. 22
"criminal intelligence", in relation to a person, means any information 23
about the person's connection with or involvement in criminal activity. 24
"deputy commissioner" means deputy commissioner of the police service 25
under the Police Service Administration Act 1990. 26
"handgun shooting competition" means a shooting competition that 27
includes using a category H weapon at a place where the weapon may 28
lawfully be used. 29
30
Note--
31
Particular handgun shooting competitions may be prescribed under a regulation to be
32
accredited events. See the definition "accredited event".
"magazine" means a detachable receptacle for ammunition for a weapon. 33
s 78 70 s 78
Weapons (Handguns and Trafficking) Amendment
Bill 2003
"modern handgun" means a category H weapon manufactured on or after 1
1 January 1947. 2
"participation condition" means a condition stated in section 133(1) 3
or (3).13 4
"participation record" see section 134. 5
"part of a prohibited handgun", for part 8, division 2, see section 174. 6
"physically possess", a weapon, means physically hold or have an 7
immediate ability to physically hold the weapon. 8
"prepercussion handgun" means-- 9
(a) an antique firearm less than 75 cm in length that is a muzzle 10
loading firearm activated by a fuse, matchlock, wheel lock, 11
snaphaunce, flintlock or miquelet lock; or 12
(b) an antique firearm less than 75 cm in length approved as an 13
antique pre-percussion firearm by an authorised officer under 14
section 154. 15
"prohibited handgun", for part 8, division 2, see section 174. 16
"prohibited person" means a person convicted in Queensland or 17
elsewhere of 1 or more of the following-- 18
(a) murder or manslaughter; 19
(b) armed robbery; 20
(c) unlawful wounding; 21
(d) grievous bodily harm; 22
(e) an offence involving drugs, weapons or violence prescribed 23
under a regulation that is punishable by imprisonment for 7 years 24
or more. 25
"reasonably believes" means believes on reasonable grounds. 26
"refuse", an application, includes reject the application. 27
"registered owner", of a firearm, means the owner of the firearm as 28
entered in the firearms register. 29
"reject", an application, includes refuse an application. 30
13 Section 133 (Participation conditions for concealable firearms licence)
s 78 71 s 78
Weapons (Handguns and Trafficking) Amendment
Bill 2003
"relevant financial interest", in relation to a business, means-- 1
(a) any interest in the capital or assets of the business; or 2
(b) any entitlement to receive any income derived from the business, 3
whether the entitlement arises at law, in equity or otherwise. 4
"relevant position", in relation to the business or proposed business of a 5
licensed dealer or an applicant for a dealer's licence, means a position 6
that entitles the holder of the position to participate in the 7
management of the business whether as director, manager, secretary 8
or in any other capacity. 9
"relevant power", in relation to the business or proposed business of a 10
licensed dealer or an applicant for a dealer's licence, means a power, 11
whether exercisable by voting or otherwise and whether exercisable 12
alone or in association with others-- 13
(a) to participate in any managerial or executive decision of the 14
business or proposed business; or 15
(b) to elect or appoint a person to a relevant position in the business 16
or proposed business. 17
"special condition" means a special condition under section 134(1). 18
"spent conviction" means a conviction-- 19
(a) for which the rehabilitation period under the Criminal Law 20
(Rehabilitation of Offenders) Act 1986 has expired under that 21
Act; and 22
(b) that is not revived as prescribed by section 11 of that Act. 23
"supply" includes-- 24
(a) give, distribute, sell, administer or transport; and 25
(b) offer to supply; and 26
(c) do an act preparatory to, or to further, or for the purpose of, 27
supply. 28
"weapon" means-- 29
(a) a firearm; or 30
(b) another thing prescribed under a regulation to be a weapon or 31
within a category of weapon; or 32
s 79 72 s 81
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(c) a thing that would be a weapon mentioned in paragraph (a) or 1
(b), if it were not temporarily inoperable or incomplete.'. 2
PART 3--AMENDMENT OF JUDICIAL REVIEW 3
ACT 1991 4
79 Act amended in pt 3
Clause 5
This part amends the Judicial Review Act 1991. 6
80 Amendment of sch 2 (Decisions for which reasons need not be
Clause 7
given) 8
Schedule 2-- 9
insert-- 10
`5A Particular decisions under the Weapons Act 1990 11
`Decisions relating to whether a person is or is not a fit and proper 12
person for the purposes of the Weapons Act 1990 if the decision is made on 13
the basis of criminal intelligence or other information of the kind 14
mentioned in section 10B(1)(ca) or 10C(1) of that Act.'. 15
PART 4--AMENDMENT OF JUVENILE JUSTICE 16
AMENDMENT ACT 2002 17
81 Act amended in pt 4
Clause 18
This part amends the Juvenile Justice Amendment Act 2002. 19
s 82 73 s 84
Weapons (Handguns and Trafficking) Amendment
Bill 2003
82 Amendment of s 7 (Replacement of pts 1B1C)
Clause 1
Section 7, proposed section 12 -- 14
2
insert-- 3
` `(5) To remove any doubt, it is declared that this section does not affect 4
a police officer's power under the Police Powers and Responsibilities 5
Act 2000, section 198(3), to arrest a child without warrant for a serious 6
offence.'. 7
83 Amendment of s 105 (Amendment of s 214 (Protection of legal
Clause 8
practitioner representing child)) 9
Section 105(1), `staff of the'-- 10
omit, insert-- 11
`staff at a'. 12
84 Amendment of s 115 (Insertion of new pt 8, div 3)
Clause 13
(1) Section 115, proposed section 241,15 definition "relevant 14
commencement", paragraph (a), `definitions "youth justice conference", 15
"youth justice conference agreement" and "youth justice conference 16
convenor" '-- 17
omit, insert-- 18
`definitions "conference", "conference agreement" and "convenor" '. 19
(2) Section 115, proposed section 243,16 heading, `References to 20
immediate'-- 21
omit, insert-- 22
`Immediate'. 23
(3) Section 115, proposed section 243(3)-- 24
renumber as section 243(5). 25
14 Proposed section 12 (Police officer's power of arrest preserved in particular general
circumstances)
15 Proposed section 241 (Definitions for pt 8, div 3)
16 Proposed section 243 (References to immediate release orders and fixed release
orders)
s 85 74 s 86
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(4) Section 115, proposed section 243-- 1
insert-- 2
` `(3) A fixed release order in force immediately before the relevant 3
commencement is, from the relevant commencement, a supervised release 4
order. 5
`(4) A contravention of a fixed release order before the relevant 6
commencement may be dealt with under this Act as a contravention of a 7
supervised release order.'. 8
(5) Section 115, proposed section 243(5) as renumbered, definition 9
"relevant commencement", paragraph (b), `subsection (2)--the'-- 10
omit, insert-- 11
`subsections (2) to (4)--'. 12
PART 5--AMENDMENT OF POLICE POWERS AND 13
RESPONSIBILITIES ACT 2000 14
85 Act amended in pt 5
Clause 15
This part amends the Police Powers and Responsibilities Act 2000. 16
86 Amendment of sch 4 (Dictionary)
Clause 17
Schedule 4, definition "serious indictable offence"-- 18
insert-- 19
`(l) an offence against the Weapons Act 1990 involving the trafficking 20
of weapons or explosives or the unlawful supply or unlawful 21
manufacture of weapons.'. 22
s 87 75 s 88
Weapons (Handguns and Trafficking) Amendment
Bill 2003
PART 6--AMENDMENT OF WEAPONS CATEGORIES 1
REGULATION 1997 2
87 Regulation amended in pt 6
Clause 3
This part amends the Weapons Categories Regulation 1997. 4
88 Replacement of s 8 (Category R Weapons)
Clause 5
After section 7-- 6
insert-- 7
`7A Category M weapons 8
`Each of the following is a category M weapon-- 9
(a) any clothing, apparel, accessory or article designed to disguise 10
any weapon or other cutting or piercing instrument capable of 11
causing bodily harm; 12
(b) any of the following that is primarily designed for the control of 13
native or feral animals-- 14
(i) an antipersonnel gas of a corrosive, noxious or irritant 15
nature or that is capable of causing bodily harm and any 16
weapon capable of discharging the gas by any means; 17
(ii) an antipersonnel substance of a corrosive, noxious or irritant 18
nature or that is capable of causing bodily harm and any 19
weapon capable of discharging the substance by any means; 20
(c) any knife so designed or constructed so as to be used as a weapon 21
that while the knife is held in 1 hand, the blade may be released 22
by that hand; 23
(d) any clothing, apparel, adornment or accessory designed for use 24
as a weapon or a cutting or piercing instrument capable of 25
causing bodily harm; 26
(e) any incendiary or inflammable device containing any substance 27
capable of causing bodily harm or damage to property that is 28
primarily designed for vegetation management; 29
(f) any crossbow designed to be discharged by the use of 1 hand 30
(that is not a toy pistol crossbow) that when discharged is capable 31
s 88 76 s 88
Weapons (Handguns and Trafficking) Amendment
Bill 2003
of causing damage or injury to property or capable of causing 1
bodily harm; 2
(g) a chinese throwing iron that is a hard non-flexible plate having 3
3 or more radiating points with 1 or more sharp edges in the 4
shape of a polygon, trefoil, cross, star, diamond or geometric 5
shape and constructed or designed to be thrown as a weapon; 6
(h) a flail or similar device constructed and designed as a weapon 7
consisting of in part a striking head and which, if used 8
offensively against a person, is capable of causing bodily harm; 9
(i) a device known as a `manrikiguisari' or `kusari', consisting of a 10
length of rope, cord, wire or chain fastened at each end to a 11
geometrically shaped weight or handgrip and constructed or 12
designed for use as a weapon; 13
(j) a device known as a knuckleduster or any device made or 14
adapted for use as a knuckleduster and which, if used offensively 15
against a person, is capable of causing bodily harm; 16
(k) a weighted glove designed or constructed to be used as a weapon; 17
(l) a mace or any similar article (other than a ceremonial mace made 18
for and used solely as a symbol of authority on ceremonial 19
occasions); 20
(m) any device, not a toy, constructed or designed as a telescopic 21
baton, the extension of which is actuated by the operation of a 22
mechanical trigger. 23
`8 Category R weapons 24
`Each of the following is a category R weapon-- 25
(a) a machine gun or submachine gun that is fully automatic in its 26
operation and actuated by energy developed when it is being 27
fired or has multiple revolving barrels, and any replica or 28
facsimile of a machine gun or submachine gun that is not a toy; 29
(b) a unit or device that is capable of being used for converting any 30
firearm to a weapon mentioned in paragraph (a); 31
(c) a firearm capable of firing 50 calibre BMG cartridge 32
ammunition; 33
s 88 77 s 88
Weapons (Handguns and Trafficking) Amendment
Bill 2003
(d) an antipersonnel gas, and an antipersonnel substance, of a 1
corrosive, noxious or irritant nature or that is capable of causing 2
bodily harm, and any weapon capable of discharging the gas or 3
substance by any means, other than a gas or substance and any 4
weapon capable of discharging the gas or substance that is 5
primarily designed for the control of native or feral animals; 6
(e) an acoustical antipersonnel device of an intensity that is capable 7
of causing bodily harm; 8
(f) an electrical antipersonnel device of an intensity that is capable 9
of causing bodily harm; 10
(g) a hand grenade, other than an inert hand grenade, and an 11
antipersonnel mine; 12
(h) a silencer or other device or contrivance made or used, or capable 13
of being used or intended to be used, for reducing the sound 14
caused by discharging a firearm; 15
(i) a rocket launcher, recoilless rifle, antitank rifle, a bazooka or a 16
rocket propelled grenade type launcher; 17
(j) a mortar, all artillery and any incendiary or inflammable device 18
containing any substance capable of causing bodily harm or 19
damage to property, other than an incendiary or inflammable 20
device primarily designed for vegetation management.'. 21
22
© State of Queensland 2003
AMENDMENTS TO BILL
1
Weapons (Handguns and Trafficking) Amendment
Bill 2003
WEAPONS (HANDGUNS AND
TRAFFICKING) AMENDMENT BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 After clause 22--
At page 20, after line 23--
insert--
`22A Amendment of s 29B (Arrangements for surrender of suspended
or revoked licences and weapons)
Section 29B(8), definition "approved receipt", `section 71(2)(b)'--
omit, insert--
`section 71(3)'.'.
2 Clause 31--
At page 28, line 25, after `under this section'--
insert--
`because the person is not, or is no longer, a fit and proper person to hold
a licence'.
3 Clause 40--
At page 31, line 11, `omit,'--
omit.
2
Weapons (Handguns and Trafficking) Amendment
Bill 2003
4 Clause 74--
At page 61, lines 7 to 12--
omit, insert--
` `(ca)a certificate purporting to be signed by the commissioner or
deputy commissioner that the commissioner or deputy
commissioner, acting personally under section 15(5) or 18(7),
approved the rejection of an application for a licence or the
renewal of a licence because a person was not a fit and proper
person is evidence of the matter; and
(cb) a certificate purporting to be signed by the commissioner or
deputy commissioner that the commissioner or deputy
commissioner, acting personally under section 28(4) or 29(3),
approved the suspension or revocation of a licence because a
person was not a fit and proper person is evidence of the matter;
and'.'.
5 Clause 78--
At page 69, after line 14--
insert--
` "category M" weapon see the Weapons Categories Regulation 1997,
section 7A.'.
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