AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 15D

15D. Use, carriage and possession of crossbows

(1) A person must not use, carry or have possession of a crossbow unless he or she is authorised in writing by the Commissioner to do so.

Penalty:

Fine not exceeding 20 penalty units.
(2) A person may apply to the Commissioner for a permit to use, carry or have possession of a crossbow.
(3) An application for a permit is to –

(a) be in an approved form; and

(b) include details of the following:

(i) the type of crossbow;

(ii) the reason for its possession, carriage or use;

(iii) the means by which it is to be stored when not in use;

(iv) any other prescribed matter.

(4) The Commissioner may grant an application subject to any conditions the Commissioner considers appropriate.
(5) The Commissioner must not grant an application unless the Commissioner is satisfied that the applicant –

(a) is at least 18 years old; and

(b) is a natural person; and

(c) is a fit and proper person to use, carry or have possession of a crossbow; and

(d) is able to safely store the crossbow; and

(e) has a legitimate reason for using, carrying or possessing a crossbow, including for the purpose of conducting research, hunting vermin or another purpose the Commissioner considers appropriate.

(6) In deciding whether a person is a fit and proper person, the Commissioner is to take into account the following:

(a) any likelihood of the person using a crossbow –

(i) for an unlawful purpose; or

(ii) to harm himself or herself;

(b) the mental and physical condition of the person;

(c) any criminal activity of the person, whether in Tasmania or elsewhere;

(d) any offence committed by the person under this Act, the Guns Act 1991 or the Firearms Act 1996;

(e) the ability of the person to exercise continuous and responsible control over a crossbow;

(f) whether the person is subject to a restraint order or an interim restraint order or has at any time within the previous 5 years been subject to such an order;

(g) whether the person is subject to a recognisance, granted in Tasmania or elsewhere, to keep the peace.

(7) A person authorised under this section must carry a copy of the authorisation at all times while he or she has possession of, or is carrying or using, a crossbow.

Penalty:

Fine not exceeding 10 penalty units.
(8) A police officer may seize and detain any crossbow used, carried or kept in contravention of this section.
(9) If a person is convicted or found guilty of an offence under this section, the crossbow to which the offence relates is forfeited and may be disposed of as the court orders.
(10) Nothing in this section prevents a person from being prosecuted for the use, carriage or possession of a crossbow in contravention of another Act.
(11) .  .  .  .  .  .  .  .  
(12) Subsection (11) expires on 31 December 2004.



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