Queensland Consolidated Acts Queensland Consolidated Acts(1) This Act does not apply to a person--
(a) who is--
(i) a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person's possession or use of a weapon as part of performance of duty as such member; or
(ii) a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person's possession or use of a weapon as part of performance of duty as such member; or
(iii) a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member's possession and use of a weapon when participating in the activities of the cadet force in which the person is a member; or
(b) who is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person's possession or use of a weapon as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or
(c) who is a member of the Australian Customs Service as prescribed by the Customs Act 1901 (Cwlth) in respect of that person's possession or use of a weapon as part of performance of duty as such member; or
(d) who is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person's possession or use of a weapon when performing the duties of an officer; or
(e) who is a police officer or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner, in respect of that person's possession or use of a weapon as part of performance of duty as such; or
(g) who is undergoing a training course approved by the commissioner in respect of the person's possession or use of a weapon as part of the training course; or
(h) whilst actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or
(i) whilst engaged in scientific or experimental work with any weapon under an authority in that behalf granted by the Minister; or
(k) being a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or
(l) who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of--
(i) a licensed dealer; or
(ii) the armed forces of the Commonwealth; or
(iii) any authority of the Commonwealth or State;
in respect of possession of merchandise consigned thereto or therefrom; or
(m) to whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions.
(2) This Act does not apply to a government service entity or an employee of a government service entity in relation to the entity's or employee's acquisition, possession or use of a weapon as part of the performance of--
(a) the functions of the entity or employee; or
(b) if the functions of the entity or employee are prescribed under a regulation--those functions of the entity or employee that are prescribed.
(3) Subsection (2) does not exempt a government service entity or an employee of a government service entity from--
(a) the application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or
(b) the application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4).
(4) The conditions are--
(a) for a government service entity--
(i) the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and
(ii) the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details--
(iii) at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and
(iv) the entity issues the weapon to an employee only if it is satisfied--
(b) for an employee of a government service entity--the employee holds a firearms licence.
(5) An employee mentioned in subsection (4)(a)(iv) may possess any category of weapon in the performance of the employee's functions even though the employee is not licensed to possess the category of weapon.
(6) The condition mentioned in subsection (4)(a)(iv)(B) does not apply to a prescribed service entity.
(7) The condition mentioned in subsection (4)(b) does not apply to an employee of a prescribed service entity.
(8) The operation of this section is subject to the Domestic and Family Violence Protection Act 1989, section 23(2).
(9) In this section--
government service entity means--
(a) a department of Government of the State; or
(b) a museum under the control of the Government of the State or the Commonwealth; or
(c) another entity prescribed under a regulation that--
(i) is established under an Act or under State authorisation for a public or State purpose; or
(ii) is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity;
but does not include the Queensland Police Service.
prescribed service entity means an entity prescribed for the definition government service entity, paragraph (c).