Queensland Consolidated Acts

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WEAPONS ACT 1990 


TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Application of Act
   3.      Principles and object of Act
   4.      How object is to be achieved for firearms
   5.      Definitions
   6.      Meaning of heirloom firearm
   6A.     What is a replica
   6B.     Meaning of security guard
   7.      How a firearm is made permanently inoperable
   8.      How a firearm is made temporarily inoperable
   8A.     Notes in text

           Part 2--Licences

   9.      Issue, renewal, endorsement and alteration of licences
   10.     Limitations on issue of licence
   10A.    Adequate knowledge of weapon
   10B.    Fit and proper person—licensees
   10C.    Fit and proper person—licensed dealer's associate
   11.     Genuine reasons for possession of a weapon
   12.     Licences
   13.     Application for licence
   14.     Inquiries into application
   15.     Authorised officer decides application
   16.     Issue of licence
   18.     Renewal of licences
   18AA.   Alternative provision for renewal application if licensee is an individual
   18AB.   What is required information for s 18AA
   18A.    Additional application requirements for collector's licence (weapons) for category H weapon
   18B.    Additional application requirements for concealable firearms licence
   18C.    Additional application requirements for dealer's licence
   19.     Notice of rejection of application to issue or renew licence
   20.     Term of licence
   20A.    Continuation of licence until renewal application dealt with
   21.     Certain licences transferable
   22.     Reporting loss, destruction or theft of licence
   23.     Replacement licence
   24.     Change in licensee's circumstances
   25.     Authorised officer may amend licence conditions
   25A.    Authorised officer may require information about licensed dealer's associates
   26.     Change of approved place
   27.     Surrender of licence
   27A.    Suspension of licence and related matters after temporary protection order is made
   27B.    Notice of intention to revoke because dealer's associate is not fit and proper
   28.     Suspension of licence by giving suspension notice
   28A.    Revocation or suspension of licence and related matters after protection order is made
   29.     Revocation of licence by giving revocation notice
   29A.    Action by court if respondent has access to weapons through employment
   29B.    Arrangements for surrender of suspended or revoked licences and weapons
   30.     Suspension or revocation notice
   31.     Licensee's representative
   32.     Temporary recognition of interstate licences for particular purposes
   33.     Interstate residents moving to Queensland
   34.     Contravention of licence condition
   34AA.   Effect of an appeal against a domestic violence order

           Part 3--Acquisition, sale and disposal of weapons

           Division 1--Preliminary

   34A.    Definitions for pt 3

           Division 2--Acquisition, sale and disposal of weapons

   35.     Acquisition of weapons
   36.     Sale or disposal of weapons
   37.     Advertising sale of firearms

           Division 3--Permits to acquire

   38.     Issue etc. of permits to acquire
   39.     Limitations on issue of permits to acquire
   40.     Application for permit to acquire
   41.     Inquiries into application
   42.     Authorised officer decides application
   43.     Issue of permit to acquire
   44.     Notice of rejection of application for permit to acquire
   45.     Term of permit to acquire
   46.     Reporting loss, destruction or theft of permit to acquire
   47.     Replacement permit to acquire
   48.     Surrender of permit to acquire

           Division 3A--Marking serial numbers on unmarked firearms

   48A.    Marking serial numbers on unmarked firearms
   48B.    Approval of alternative way of marking serial number

           Division 4--Firearms register

   49.     Commissioner to maintain firearms register

           Part 4--Possession and use of weapons

           Division 1--General

   49A.    Authority given by licence
   50.     Possession of weapons
   50A.    Possession of unregistered firearms
   50B.    Unlawful supply of weapons
   51.     Possession of a knife in a public place or a school
   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
   56.     Discharge of weapon on private land without owner's consent prohibited
   57.     Particular conduct involving a weapon in a public place prohibited
   58.     Dangerous conduct with weapon prohibited generally
   59.     Possession or use of weapon under the influence of liquor or a drug prohibited
   60.     Secure storage of weapons
   60A.    Lost or stolen weapons
   61.     Shortening firearms
   62.     Modifying construction or action of firearms
   63.     Altering identification marks of weapons
   64.     Obtaining weapons by deceit
   65.     Unlawful trafficking in weapons
   66.     Dispatch of weapons
   67.     Possessing and acquiring restricted items

           Division 2--Dealers, armourers and employees

   68.     Dealers to be licensed
   69.     Armourers to be licensed
   70.     Employees of dealers and armourers
   71.     Licensed dealers and armourers to keep register
   72.     Annual returns by licensed dealers
   73.     Dealer etc. to require information
   74.     Licensed dealer or armourer taken to be in unlawful possession

           Division 3--Collectors

   75.     Collector to be licensed
   76.     Collector's licence (heirloom)
   77.     Collector's licence (weapons)
   78.     Weapons not to be discharged or operated
   79.     Approval of arms fair
   80.     Application for approval
   81.     Collectors to keep register
   82.     Removal of register and weapons
   83.     Licensed collector leaving Queensland
   84.     Licensed collector taken to be in unlawful possession

           Division 4--Approved shooting clubs

   85.     Only an approved shooting club may conduct target shooting
   86.     Application for shooting club permit
   87.     Authorised officer may grant or refuse shooting club permit
   88.     Authorised officer to give reasons for refusing to grant permit
   89.     Conditions to apply to permit
   90.     A representative is required for some applications
   91.     Duty of representative
   92.     Change of representative
   93.     How to decide whether an individual is an appropriate person
   94.     Authorised officer may amend permit conditions
   95.     Authorised officer may make temporary amendment of conditions
   96.     Revoking or suspending permit
   97.     Club must keep range use register books
   98.     Service of notice on approved shooting club
   98A.    Limitation on organised target shooting
   98B.    Membership of approved pistol clubs

           Division 5--Approved ranges

   99.     Application for range approval
   100.    Limits on approvals
   101.    Authorised officer may grant or refuse range approval
   102.    Authorised officer to give reasons for refusing to grant approval
   103.    Conditions to apply to approval
   104.    Authorised officer may amend approval conditions
   105.    Authorised officer may make temporary amendment of conditions
   106.    Suspending or revoking approval
   107.    Range can be dealt with in conjunction with shooting club permit
   108.    Responsibilities of range operator
   109.    Responsibilities of range officer
   110.    Responsibilities of person attending an approved range

           Division 6--Shooting galleries

   111.    Approval of shooting galleries
   112.    Conditions of approval
   113.    Representative of holder of approval
   113A.   Authorised officer may amend approval conditions
   113B.   Authorised officer may make temporary amendment of conditions
   113C.   Suspending or revoking approval
   114.    Conduct of persons resorting to shooting galleries

           Division 7--Theatrical ordnance suppliers and other associated matters

   115.    Theatrical ordnance suppliers to be licensed
   116.    Employees of theatrical ordnance suppliers
   117.    Theatrical ordnance supplier to keep register
   118.    Weapons may be supplied for theatre, film and television productions
   119.    Supervision of use of weapons in theatre, film and television productions
   120.    Removal of register and weapons
   121.    Annual returns by licensed theatrical ordnance supplier
   122.    Licensed theatrical ordnance supplier taken to be in unlawful possession

           Division 8--Security guards and security organisations

   123.    Armed security guard must be licensed
   124.    Training courses for security guards
   125.    Control of possession and use of weapons by security guards
   126.    Employed security guard must record prescribed information
   126A.   Obligation of security guard carrying on business to keep register
   127.    Obligations of security organisation in relation to the possession or use of a weapon
   128.    Obligations of security organisation in relation to register
   129.    Obligation of members of governing body of security organisation

           Part 5--Additional requirements in relation to category H weapons

           Division 1--Requirements for holders of concealable firearms licence

   130.    Application of div 1
   131.    Limitation on number of concealable firearms particular licensees may acquire
   132.    Conditions for concealable firearms licence
   133.    Participation conditions for concealable firearms licence
   134.    Licensees to keep participation record
   135.    Show cause notice
   136.    Consideration of representations
   137.    Notice to dispose

           Division 2--Requirements for collectors

   138.    Condition for collector's licence (weapons)

           Division 3--Requirements for approved pistol clubs

   139.    Endorsement of participation record
   140.    Approved pistol club to give annual report
   141.    Show cause notice
   141A.   Consideration of representations

           Division 4--Disclosure requirements for approved pistol clubs and approved historical societies

   141B.   Disclosure requirements

           Part 6--Appeals and rights of review

   142.    Right to appeal against decisions
   142A.   Particular provision for appeals against or reviews of decisions based on criminal intelligence
   143.    How to start appeal
   144.    Effect of appeal on decision
   145.    Appellant may carry on business pending appeal
   146.    Stay of operation of decision
   147.    Hearing procedures
   148.    Powers of court on appeal
   149.    Appeal to District Court on questions of law only

           Part 7--Miscellaneous

   150.    Advisory council
   151.    Disclosure by professional carer of certain information
   151A.   Disclosure by approved shooting clubs and approved historical societies of particular information
   151B.   Protection of informers
   151C.   Source of information not to be disclosed
   151D.   Power to prohibit publication of proceedings
   152.    Approved officers
   153.    Authorised officers
   154.    Authorised officers may approve particular weapons to be of particular types
   155.    Disqualification by a court
   157.    Fraud and unlawful possession of licence etc.
   158.    False or misleading statements
   159.    Criminal Code to be read with Act
   161.    Proceedings for an offence
   161A.   Indictable offences
   161B.   Circumstances in which particular charges may be joined
   162.    Person other than offender liable to penalties
   163.    Evidentiary provisions
   164.    Service of notice, orders etc.
   165.    Liability for tort generally
   166.    Payment and recovery of damages
   167.    Provision of legal representation
   168.    Landowner incurs no liability merely because permission given
   168A.   Particular landowners to keep permit register
   168B.   Amnesty declaration
   168C.   Dealing with surrendered firearm
   169.    Fees and penalties
   170.    Delegations
   171.    Approval of forms
   172.    Regulation-making power

           Part 8--Transitional provisions

           Division 1--Transitional provision for Police Powers and Responsibilities and Another Act Amendment Act 2001

   173.    Transitional provision for Police Powers and Responsibilities and Another Act Amendment Act 2001

           Division 2--Transitional provisions for Weapons (Handguns and Trafficking) Amendment Act 2003

   174.    Definitions for div 2
   175.    Compensation—prohibited handguns and parts of prohibited handguns
   176.    Compensation—other handguns and related matters
   177.    Possession of prohibited handguns during amnesty period
   178.    Licensed collectors
   179.    Participation records for s 18B
   180.    Joinder of charges
   182.    Amendment of regulation by Weapons (Handguns and Trafficking) Amendment Act 2003 does not affect powers of Governor in Council

           Division 3--Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2003

   183.    Transitional provision about authorised officers powers
   184.    Amendment of regulation by Police Powers and Responsibilities and Other Legislation Amendment Act 2003 does not affect powers of Governor in Council
   185.    Declaration relating to s 33(3)(a)
   186.    Transitional provision about category M crossbows
           SCHEDULE 1 SUBJECT MATTER FOR REGULATIONS
           1. Eligibility requirements for licences
           2. Authorising things under a licence
           2A. Categorising weapons
           3. Limiting or prohibiting licensing of particular weapons
           4. Limiting or prohibiting acquisition, possession or use of weapons and magazines
           5. Secure storage facilities for weapons
           6. Functions, powers and duties
           7. Instruments
           8. Fees etc.
           9. Qualifications and appointments
           10. Funds
           11. Terms of approvals, permits and exemptions
           12. Approved historical societies
           13. Record-keeping
           14. Production of weapons
           15. Disclosing licence information to approved shooting clubs and approved historical societies
   16.     Registration of antique handguns
   17.     Providing for approved shooting ranges
           SCHEDULE 2 DICTIONARY
           Endnotes

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