WEAPONS ACT 1990 - SECT 29A Action by court if respondent has access to weapons through employment

WEAPONS ACT 1990 - SECT 29A

29A Action by court if respondent has access to weapons through employment

(1) This section applies if—

(a) a person is the respondent in a domestic violence order, police protection notice or release conditions; and

(b) under section 27A or 28A , the respondent’s licence is suspended or revoked, or the respondent is a representative of a body and the authority to possess a weapon as the body’s representative is ineffective; and

(c) an authorised officer reasonably considers the respondent has access to a weapon as part of the respondent’s employment.

(2) The authorised officer must—

(a) consider the circumstances of the employment; and

(b) consider the respondent’s access to the weapon; and

(c) consider the employment arrangements and whether there is an effective individual within the employing entity to whom to give a copy of the order, notice or conditions to ensure the respondent does not possess a weapon as part of the respondent’s employment; and

(d) if the authorised officer considers there is an effective individual within the employing entity—give a copy of the order, notice or conditions to the effective individual.

(3) The effective individual may disclose information about the order, notice or conditions to another person within the employing entity to the extent necessary to ensure the respondent does not possess a weapon as part of the respondent’s employment.

(4) However, the effective individual must not disclose information about the order, notice or conditions to anyone else, other than as permitted under subsection (3) or expressly permitted by a court or magistrate under the Domestic and Family Violence Protection Act 2012 , section 159 .

Penalty—

Maximum penalty—40 penalty units or 1 year’s imprisonment.

(5) In this section—


"effective individual within the employing entity" , relating to a respondent, means any 1 of the following who is in a position to ensure the respondent does not possess weapons as part of the respondent’s employment—

(a) the employer if the employer is an individual;

(b) another partner in a partnership in which the respondent is a partner;

(c) an individual within the entity that employs the respondent.

"employment" , of a respondent, includes employment by a partnership in which the respondent is a partner.