CONTROL OF WEAPONS ACT 1990 No. 24 of 1990 Version incorporating amendments as at 8 November 2007 Control of Weapons Act 1990 - TABLE OF PROVISIONS Section Page 1. Purpose 2. Commencement 3. Definitions 4. Application and construction of Act 5. Prohibited weapons 5A. Identifying persons purchasing prohibited weapons 5B. Recording sales of prohibited weapons 6. Control of controlled weapons 7. Control of use of dangerous articles 8. Application of section 130 of Magistrates' Court Act 1989. 8A. Control of body armour 8B. Exemptions for prohibited weapons and body armour 8C. Approvals for prohibited weapons and body armour 8D. Ministerial guidelines 8E. Offences regarding exemptions and approvals 8EA. Offences by body corporate 8EB. Offences by partners 8F. Chief Commissioner to report on applications for approval 8G. Power to require production of approval 9. Forfeiture or return of prohibited weapons, controlled weapons, dangerous articles or body armour 10. Search without warrant 10A. Duty to make records concerning searches 10B. Chief Commissioner to report on searches without warrant 11. Warrant to search 11A. Indictable offence 12. Regulations 13. Repeals and savings 14. Transitional provision 15. Transitional provision-Justice Legislation Amendment Act 2007. 16, 17. Repealed --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Control of Weapons Act 1990 - SECT 1 Purpose 1. Purpose The purpose of this Act is to regulate- (a) weapons other than firearms; and (b) body armour. Control of Weapons Act 1990 - SECT 2 Commencement 2. Commencement This Act comes into operation on a day or days to be proclaimed. Control of Weapons Act 1990 - SECT 3 Definitions 3. Definitions (1) In this Act- body armour means a garment or item- (a) that is designed, intended or adapted for the purpose of protecting the body from the effects of a weapon, including a firearm within the meaning of section 3(1) of the Firearms Act 1996; and (b) that is prescribed by the regulations to be body armour; controlled weapon means- (a) a knife, other than a knife that is a prohibited weapon; or (b) an article that is prescribed by the regulations to be a controlled weapon; corrections officer means- (a) a person referred to in section 12(1) of the Corrections Act 1986; or (b) a person authorised by the Secretary under section 9A of the Corrections Act 1986; dangerous article means- * * * * * (b) an article which has been adapted or modified so as to be capable of being used as a weapon; or (c) any other article which is carried with the intention of being used as a weapon; licensed premises means any licensed premises within the meaning of the Liquor Control Reform Act 1998 in respect of which- (a) a general licence; or (b) an on-premises licence; or (c) a club licence- within the meaning of that Act has been issued under that Act; military officer means a person serving as a member of the naval, military or air forces of the Commonwealth; non-Government school has the same meaning as in the Education and Training Reform Act 2006; officer, in relation to a body corporate, means a director, secretary or executive officer of the body corporate; police officer means- (a) a member of the police force; or (b) a police reservist, police recruit or protective services officer within the meaning of the Police Regulation Act 1958; or (c) an employee in the office of the Chief Commissioner of Police; or (d) a member of the police force of the Commonwealth or of another State or a Territory of the Commonwealth; possession includes- (a) actual physical possession; and (b) custody or control; and (c) having and exercising access either solely or in common with others; * * * * * prohibited person has the same meaning as in section 3(1) of the Firearms Act 1996; prohibited weapon means an article that is prescribed by the regulations to be a prohibited weapon; public place has the same meaning as it has under the Summary Offences Act 1966 and also includes a non-government school; * * * * * (2) A reference in this Act to the immediate vicinity of licensed premises means a place that is within 20 metres of the licensed premises. Control of Weapons Act 1990 - SECT 4 Application and construction of Act 4. Application and construction of Act (1) This Act applies to weapons other than firearms within the meaning of section 3(1) of the Firearms Act 1958. (2) This Act is to be read and construed as in aid of and not in derogation from any other Act relating to weapons and firearms. (3) This Act does not apply to or in relation to any weapon vested in, belonging to or in the possession or control of a person or body of persons by reason of that person or body of persons having the control and management of premises declared by Order of the Governor in Council published in the Government Gazette to be a museum for the purposes of this Act. Control of Weapons Act 1990 - SECT 5 Prohibited weapons 5. Prohibited weapons (1) A person must not- (a) bring into Victoria; or (b) cause to be brought into or sent into Victoria; or (c) manufacture, sell or purchase; or (d) display or advertise for sale; or (e) possess, use or carry- a prohibited weapon without an exemption under section 8B or an approval under section 8C. Penalty: 240 penalty units or imprisonment for 2 years. (1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a prohibited weapon without- (a) an exemption under section 8B; or (b) an approval under section 8C. Penalty: 480 penalty units or 4 years imprisonment. (1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission, that person is not liable to be convicted or found guilty of an offence against subsection (1)(e) in respect of the same act or omission. (2) A person must not sell a prohibited weapon unless the person reasonably believes that the purchaser of the weapon has an exemption under section 8B or an approval under section 8C allowing the purchaser to possess the weapon. Penalty: 240 penalty units or imprisonment for 2 years. (3) Subsections (1), (1A) and (2) do not apply to an employee of a person who holds an approval under section 8C if the employee is acting in the course of his or her employment and in accordance with the approval. Control of Weapons Act 1990 - SECT 5A Identifying persons purchasing prohibited weapons 5A. Identifying persons purchasing prohibited weapons (1) A person (the "seller") must require a person attempting to purchase a prohibited weapon from the seller (the "purchaser") to produce evidence as to the purchaser's identity- (a) by means of a passport, driver licence or other document in one of the prescribed categories, if that document bears a photograph of the purchaser; or (b) by means of 2 documents in the prescribed categories but each in a different category. Penalty: 60 penalty units. (2) A person must not sell a prohibited weapon to a person who is unable to produce the required evidence of identity under subsection (1). Penalty: 60 penalty units. (3) A person must not produce false evidence of identity under subsection (1). Penalty: 120 penalty units. Control of Weapons Act 1990 - SECT 5B Recording sales of prohibited weapons 5B. Recording sales of prohibited weapons (1) A person who sells a prohibited weapon must keep a record of the sale in accordance with this section. Penalty: 20 penalty units. (2) A record under this section- (a) must be in the form, and contain the information, prescribed by the regulations; and (b) must be kept for a period of 3 years after the sale to which it relates. (3) A member of the police force, at any reasonable time, may require a person to produce for inspection a record kept under this section. Control of Weapons Act 1990 - SECT 6 Control of controlled weapons 6. Control of controlled weapons (1) A person must not possess, carry or use a controlled weapon without lawful excuse. Penalty: 120 penalty units or imprisonment for 1 year. (1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a controlled weapon without lawful excuse. Penalty: 240 penalty units or imprisonment for 2 years. (1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission that person is not liable to be convicted or found guilty of an offence against subsection (1) in respect of the same act or omission. (2) A person must not carry a controlled weapon unless it is carried in a safe and secure manner consistent with the lawful excuse for which it is possessed or is carried or is to be used. Penalty: 20 penalty units. (3) In this section lawful excuse includes- (a) the pursuit of any lawful employment, duty or activity; and (b) participation in any lawful sport, recreation or entertainment; and (c) the legitimate collection, display or exhibition of weapons- but does not include for the purpose of self-defence. (4) In considering whether a person has lawful excuse to possess, carry or use a controlled weapon, the court must have regard to the circumstances, such as time and location, of the incident. Control of Weapons Act 1990 - SECT 7 Control of use of dangerous articles 7. Control of use of dangerous articles (1) A person must not in a public place possess or carry a dangerous article without lawful excuse. Penalty: 60 penalty units or imprisonment for 6 months. (1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess or carry a dangerous article without lawful excuse. Penalty: 120 penalty units or imprisonment for 1 year. (1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission that person is not liable to be convicted or found guilty of an offence against subsection (1) in respect of the same act or omission. (2) In this section lawful excuse includes- (a) the pursuit of any lawful employment, duty or activity; and (b) participation in any lawful sport, recreation or entertainment; and (c) the legitimate collection, display or exhibition of the article; and (d) the use of the article for the purpose for which it is designed or intended- but does not include possession or carriage of a dangerous article for the purpose of self-defence. * * * * * (4) In considering whether a person has a lawful excuse to possess or carry a dangerous article, the court must have regard to the circumstances, such as time and location, of the incident. Control of Weapons Act 1990 - SECT 8 Application of section 130 of Magistrates' Court Act 1989 8. Application of section 130 of Magistrates' Court Act 1989 Section 130 of the Magistrates' Court Act 1989 applies in respect of a claim of "lawful excuse" under this Act. Control of Weapons Act 1990 - SECT 8A Control of body armour 8A. Control of body armour (1) A person must not- (a) bring body armour into Victoria; or (b) cause body armour to be brought or sent into Victoria; or (c) manufacture, sell or purchase body armour; or (d) possess or use body armour- without an exemption under section 8B or an approval under section 8C. Penalty: 240 penalty units or imprisonment for 2 years. (2) Subsection (1) does not apply to an employee of a person who holds an approval under section 8C if the employee is acting in the course of his or her employment and in accordance with the approval. * * * * * Control of Weapons Act 1990 - SECT 8B Exemptions for prohibited weapons and body armour 8B. Exemptions for prohibited weapons and body armour (1) The Governor in Council may, by Order published in the Government Gazette- (a) exempt from any provision of section 5 or 8A (as the case requires)- (i) a class of persons or class of prohibited weapons or body armour; or (ii) a corrections officer, military officer or police officer (by name or description of office); and (b) specify conditions and limitations to which an exemption under paragraph (a) is subject. (2) An exemption under subsection (1)- (a) must not be granted in respect of prohibited persons; and (b) if granted in respect of a class of person or persons identified by a particular description, does not apply to any prohibited person who is a member of that class or who satisfies that description (as the case requires). Control of Weapons Act 1990 - SECT 8C Approvals for prohibited weapons and body armour 8C. Approvals for prohibited weapons and body armour (1) Subject to subsection (2), the Chief Commissioner of Police may grant an approval to a person to do anything that is otherwise prohibited by section 5 or 8A. (1A) If an approval is granted under subsection (1) to a person who is a member of a partnership, the approval is taken to apply to each member of the partnership. (2) The Chief Commissioner cannot grant an approval under this section to- (a) a prohibited person; or (b) a corrections officer, military officer or police officer in connection with their official duties; or (c) a person who is a member of a partnership if another member of the partnership is a prohibited person; or (d) a body corporate if an officer of the body corporate is a prohibited person. (3) An application for approval must be- (a) in the form approved by the Chief Commissioner; and (b) contain the information required by the Chief Commissioner; and (c) be accompanied by the prescribed fee. (4) Before granting an approval the Chief Commissioner must have regard to the guidelines issued by the Minister under section 8D. (5) The Chief Commissioner may- (a) grant an approval for a specified period or indefinitely; (b) vary or revoke an approval at any time, including an approval granted for a specified period. (6) An approval- (a) must be in writing; and (b) is subject to- (i) a condition that the prohibited weapon or body armour is stored safely and securely and in the manner (if any) specified by the Chief Commissioner in the approval; and (ii) any other conditions or limitations that the Chief Commissioner considers appropriate. (7) The Chief Commissioner may- (a) refuse to grant an approval to an applicant who is under the age of 18 years; or (b) impose conditions or limitations on an approval granted to an applicant who is under the age of 18 years that the Chief Commissioner would not impose on an applicant of or over that age. Control of Weapons Act 1990 - SECT 8D Ministerial guidelines 8D. Ministerial guidelines (1) The Minister may issue guidelines relating to the granting of approvals under section 8C, including guidelines prohibiting or restricting the granting of approvals to applicants who are under the age of 18 years. (2) Any guidelines issued by the Minister under subsection (1) must be published in the Government Gazette. Control of Weapons Act 1990 - SECT 8E Offences regarding exemptions and approvals 8E. Offences regarding exemptions and approvals (1) A person must not intentionally or recklessly breach a condition to which an exemption under section 8B or an approval under section 8C that applies to the person is subject. Penalty: 20 penalty units. (1A) An employee of a person to whom an approval has been granted under section 8C must not intentionally or recklessly breach a condition to which the approval is subject while, in the course of that employment, performing duties for which the approval is required. Penalty: 5 penalty units. (2) A person must not knowingly make a statement in an application for approval under section 8C that is false or misleading in a material particular. Penalty: 20 penalty units. (3) A person who is the holder of an approval under section 8C must not employ a prohibited person, or allow a prohibited person to be employed, to carry out duties for which an approval under section 8C is required. Penalty: 60 penalty units. Control of Weapons Act 1990 - SECT 8EA Offences by body corporate 8EA. Offences by body corporate (1) If a body corporate contravenes a provision of this Act, each officer of the body corporate is deemed to have contravened the same provision if the officer knowingly authorised or permitted the contravention. (2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or been convicted under that provision. (3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act. Control of Weapons Act 1990 - SECT 8EB Offences by partners 8EB. Offences by partners (1) If a person who is a member of a partnership contravenes a provision of this Act, the partner or partners of that person are deemed to have contravened the same provision if the partner or partners knowingly authorised or permitted the contravention. (2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not another member of the partnership has been proceeded against or been convicted under that provision. Control of Weapons Act 1990 - SECT 8F Chief Commissioner to report on applications for approval 8F. Chief Commissioner to report on applications for approval (1) Within 30 days after the end of each financial year, the Chief Commissioner of Police must make a report to the Minister regarding applications for approval under section 8C in that financial year. (2) A report under this section must be in the form, and contain the information, required by the Minister. Control of Weapons Act 1990 - SECT 8G Power to require production of approval 8G. Power to require production of approval (1) A member of the police force who- (a) has reasonable grounds for suspecting that a person has committed an offence against section 5 or is carrying or has in his or her possession a prohibited weapon; and (b) produces his or her identification for inspection by the person- may demand that the person produce an approval under section 8C allowing the person to do the thing otherwise prohibited. (2) A person to whom a demand is directed under subsection (1) must comply with the demand. Penalty: 30 penalty units. (3) This section does not apply to a person who is exempted under section 8B. Control of Weapons Act 1990 - SECT 9 Forfeiture or return of prohibited weapons, controlled weapons, dangerous articles or body armour 9. Forfeiture or return of prohibited weapons, controlled weapons, dangerous articles or body armour (1) If a court finds a person guilty or not guilty because of mental impairment of an offence under this Act, the prohibited weapon, controlled weapon, dangerous article or body armour to which the offence relates is forfeited to the Crown and must be sold or destroyed unless the court makes an order that it be returned to the person. (2) A prohibited weapon, controlled weapon, dangerous article or body armour which has been forfeited under subsection (1) cannot be sold or destroyed until the period for an appeal has elapsed, or if an appeal against the conviction has been lodged, unless the appeal has been dismissed. (3) A prohibited weapon, controlled weapon, dangerous article or body armour which has been seized in relation to an offence by a person under this Act must be returned to that person in accordance with this section if- (a) proceedings for that offence are not commenced within the period of 3 months after the seizure; or (b) a decision is made within that period not to bring proceedings for that offence. (4) The member of the police force in charge of the police station at which the prohibited weapon, controlled weapon, dangerous article or body armour is kept must give notice to the person from whom the prohibited weapon, controlled weapon, dangerous article or body armour was seized of his or her right to have it returned. (5) If a person who is given notice under subsection (4) does not apply within 7 days after the receipt of the notice for the return of the prohibited weapon, controlled weapon, dangerous article or body armour as the case requires, the prohibited weapon, controlled weapon, dangerous article or body armour is forfeited to the Crown and must be sold or destroyed. (6) A person who applies under this section for the return of a prohibited weapon, controlled weapon, dangerous article or body armour, must collect it from the police station at which it is kept. (7) If the person who applies for the return of a prohibited weapon, controlled weapon, dangerous article or body armour is under the age of 18 years, the prohibited weapon, controlled weapon, dangerous article or body armour must not be returned to him or her unless he or she is accompanied by a parent or guardian to collect it. Control of Weapons Act 1990 - SECT 10 Search without warrant 10. Search without warrant (1) If- (a) a member of the police force has reasonable grounds for suspecting that a person is carrying or has in his or her possession in a public place a prohibited weapon, a controlled weapon or a dangerous article referred to in subsection (6) contrary to this Act; and (b) the member informs the person of the grounds for his or her suspicion; and (c) the member complies with subsection (3)- the member may without warrant- (d) search the person and any vehicle, package or thing in his or her possession or under his or her control for the prohibited weapon, controlled weapon or dangerous article referred to in subsection (6); and (e) seize and detain any prohibited weapon, controlled weapon or dangerous article referred to in subsection (6) which the member finds on the person or on or in the vehicle, package or thing. (2) For the purposes of subsection (1)(a), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person is carrying or has in his or her possession a prohibited weapon, a controlled weapon or a dangerous article referred to in subsection (6). (3) Before a member of the police force commences a search of a person under subsection (1), the member must- (a) inform the person of the member's name, rank and place of duty; and (b) if requested by the person, provide the information referred to in paragraph (a) in writing; and (c) produce his or her identification for inspection by the person, unless the member is in uniform. (4) In conducting a search of a person under subsection (1), a member of the police force- (a) may request that the person produce any thing that the member has detected or seen during the search on the person or in a vehicle, package or thing in the possession or under the control of the person, which the member has reasonable grounds for suspecting is a prohibited weapon, a controlled weapon or a dangerous article referred to in subsection (6); and (b) if a request is made under paragraph (a), must warn the person that refusal or failure to produce any thing so requested may be an offence. (5) A person must not, without reasonable excuse, refuse or fail to produce any thing in accordance with a request made under subsection (4). Penalty: 30 penalty units. (6) This section applies to a dangerous article within the meaning of paragraph (b) of the definition of dangerous article in section 3. Control of Weapons Act 1990 - SECT 10A Duty to make records concerning searches 10A. Duty to make records concerning searches (1) A member of the police force who conducts a search under section 10 must make a written record of the search containing the prescribed particulars. (2) The record must be made immediately after the completion of the search or, if that is not practicable, as soon as practicable after the completion of the search. (3) A person subjected to a search under section 10 is entitled, on request and without charge, to a copy of the record of the search, if the request is made not later than 1 year after the date of the search. (4) A request under subsection (3) is made to the officer in charge of the place of duty, referred to in section 10(3)(a), of the member who conducted the search. Control of Weapons Act 1990 - SECT 10B Chief Commissioner to report on searches without warrant 10B. Chief Commissioner to report on searches without warrant The Chief Commissioner of Police must provide to the Minister for inclusion in the annual report of operations under Part 7 of the Financial Management Act 1994 a report containing- (a) the number of searches without warrant under section 10 conducted during that financial year; and (b) the number and type of weapons and dangerous articles found during the course of those searches; and (c) any other information requested by the Minister. Control of Weapons Act 1990 - SECT 11 Warrant to search 11. Warrant to search (1) If a magistrate is satisfied by the evidence, on oath or by affidavit, of any member of the police force of or above the rank of sergeant or for the time being in charge of a police station that there is reasonable ground for suspecting that an offence against section 5 has been or is being committed, he or she may grant a search warrant authorizing any member of the police force named therein- (a) to enter at any time by day or by night any premises or place named in the warrant, if necessary by force; and (b) to search the premises or place and every person found therein; and (c) to seize and detain any prohibited weapon which he or she finds on the premises or place or on any such person and in respect of which or in connection with which he or she has reasonable grounds for suspecting that an offence against section 5 has been or is being committed. (2) Except as provided in subsection (1), the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. Control of Weapons Act 1990 - SECT 11A Indictable offence 11A. Indictable offence An offence under section 5(1A) is an indictable offence. Control of Weapons Act 1990 - SECT 12 Regulations 12. Regulations (1) The Governor in Council may make regulations for or with respect to generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act including, but not limited to the following matters- (a) the manner in which searches are to be conducted; (b) particulars to be included in records of searches. (1A) The regulations- (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances. (2) Regulations made under subsection (1) may be disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 6(2) of the Subordinate Legislation Act 1962. (3) Disallowance of a regulation under subsection (2) is deemed to be disallowance by Parliament for the purposes of the Subordinate Legislation Act 1962. (4) If, under subsection (2), either House of the Parliament disallows a regulation, no regulation, being the same in substance as the regulation so disallowed shall be made within 6 months after the date of the disallowance unless the resolution to disallow the regulation has been rescinded by the House of the Parliament by which it was passed. (5) Any regulation made in contravention of subsection (4) is void. Control of Weapons Act 1990 - SECT 13 Repeals and savings 13. Repeals and savings (1) The Prescribed Weapons Act 1989 is repealed. (2) The amendments made to any other Act by the Prescribed Weapons Act 1989 cease to have effect on the day on which subsection (1) comes into operation and on and after that day any Act amended by the Prescribed Weapons Act 1989 has effect as if the Prescribed Weapons Act 1989 had not been enacted except for the purposes of paragraphs (c) to (g) of section 14(2) of the Interpretation of Legislation Act 1984. (3) Despite the repeal of the Prescribed Weapons Act 1989- (a) any exemption in force under section 31A of the Firearms and Other Weapons Act 1958 immediately before the repeal continues in force until the date specified in that exemption or, if no date is specified, until revoked by an exemption made under section 8B; and (b) the Prescribed Weapons Regulations 1989 continue in force until revoked by regulations made under this Act or by the Subordinate Legislation Act 1962 and until revoked may be amended by regulations made under this Act. (4) An exemption under section 5(2) as in force immediately before the commencement of section 6 of the Control of Weapons (Amendment) Act 2000 continues to be in force after that commencement according to its tenor as if it were an exemption given under section 8B. (5) An exemption under section 8A(2) as in force immediately before the commencement of section 8 of the Control of Weapons (Amendment) Act 2000 continues to be in force after that commencement according to its tenor as if it were an exemption given under section 8B. (6) An approval under section 8A as in force immediately before the commencement of section 8 of the Control of Weapons (Amendment) Act 2000 continues to be in force after that commencement according to its tenor as if it were an approval given under section 8C. (7) Any reference to a prescribed weapon in any document, including an exemption referred to in subsection (4), must be construed, so far as it relates to any period after the commencement of section 5 of the Control of Weapons (Amendment) Act 2000, as a reference to a prohibited weapon. (8) Any reference to a regulated weapon in any document must be construed, so far as it relates to any period after the commencement of section 5 of the Control of Weapons (Amendment) Act 2000, as a reference to a controlled weapon. Control of Weapons Act 1990 - SECT 14 Transitional provision 14. Transitional provision Section 10 as in force immediately before the commencement of section 6 of the Control of Weapons and Firearms Acts (Search Powers) Act 2003 continues to apply to searches conducted before that commencement. Control of Weapons Act 1990 - SECT 15 Transitional provision-Justice Legislation Amendment Act 2007 15. Transitional provision-Justice Legislation Amendment Act 2007 (1) The amendments made to this Act by sections 7(3), 7(4) and 7(5) of the Justice Legislation Amendment Act 2007 apply only to offences alleged to have been committed on or after the commencement of those sections. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates and the provision of the Justice Legislation Amendment Act 2007 effecting the amendment commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that provision. * * * * * --------------- ENDNOTES 1. General Information Minister's second reading speech- Legislative Council: 26 October 1989 Legislative Assembly: 15 May 1990 The long title for the Bill for this Act was "A Bill to regulate weapons other than firearms, to repeal the Prescribed Weapons Act 1989, to amend the Crimes Act 1958, the Firearms Act 1958, the Summary Offences Act 1966 and the Vagrancy Act 1966 and for other purposes.". The Control of Weapons Act 1990 was assented to on 5 June 1990 and came into operation on 31 August 1990: Government Gazette 29 August 1990 page 2616. 2. Table of Amendments This Version incorporates amendments made to the Control of Weapons Act 1990 by Acts and subordinate instruments. ------------------------------------------------------------- Control of Weapons (Amendment) Act 1994, No. 30/1994 Assent Date: 31.5.94 Commencement Date: Ss 1, 2 on 31.5.94: s. 2(1); rest of Act on 30.11.94: Special Gazette (No. 92) 30.11.94 p. 1 Current State: All of Act in operation Police and Corrections (Amendment) Act 1997, No. 26/1997 Assent Date: 20.5.97 Commencement Date: Pt 2 (ss 3-8) on 31.12.97: Government Gazette 18.12.97 p. 3614 Current State: This information relates only to the provision/s amending the Control of Weapons Act 1990 Control of Weapons (Amendment) Act 2000, No. 47/2000 Assent Date: 14.6.00 Commencement Date: 17.12.00: Government Gazette 14.12.00 p. 2915 Current State: All of Act in operation Forensic Health Legislation (Amendment) Act 2002, No. 7/2002 Assent Date: 9.4.02 Commencement Date: S. 34 on 1.7.02: s. 2(3) Current State: This information relates only to the provision/s amending the Control of Weapons Act 1990 Control of Weapons and Firearms Acts (Search Powers) Act 2003, No. 9/2003 Assent Date: 6.5.03 Commencement Date: Ss 3-8 on 5.10.03: Government Gazette 2.10.03 p. 2538 Current State: This information relates only to the provision/s amending the Control of Weapons Act 1990 Firearms (Further Amendments) Act 2005, No. 78/2005 Assent Date: 22.11.05 Commencement Date: S. 67 on 1.1.06: Government Gazette 22.12.05 p. 2972 Current State: This information relates only to the provision/s amending the Control of Weapons Act 1990 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 9) on 1.7.07: Government Gazette 28.6.07 p. 1304 Current State: This information relates only to the provision/s amending the Control of Weapons Act 1990 Control of Weapons Amendment (Penalties) Act 2007, No. 1/2007 Assent Date: 6.3.07 Commencement Date: Ss 3, 4 on 1.7.07: s. 2(2) Current State: This information relates only to the provision/s amending the Control of Weapons Act 1990 Justice Legislation Amendment Act 2007, No. 53/2007 Assent Date: 17.10.07 Commencement Date: Ss 3(2), 4(3), 7(3)-(5), 8(2), 9, 10(2)(4), 11 on 18.10.07: s. 2(1); s. 14 on 18.10.07: Government Gazette 18.10.07 p. 2360; ss 3(1)(3)(4), 4(1)(2), 5, 6, 7(1)(2), 8(1), 10(1)(3), 12, 13 on 8.11.07: Government Gazette 8.11.07 p. 2579 Current State: This information relates only to the provision/s amending the Control of Weapons Act 1990 ------------------------------------------------------------- 3. Explanatory Details There are no entries at date of publication. INDEX Subject Section Act application and construction 4 commencement 2 purpose 1 repeals and savings 13 transitional provisions 14, 15 Approvals false, misleading statements and breaches 8E for body armour 8C for prohibited weapons 8C guidelines relating to granting of 8D reports on applications for 8F Body armour approvals for 8C control of 8A definition 3 exemptions for 8B forfeiture, return of 9 Chief Commissioner of Police powers and duties regarding applications for approvals 8F granting of approvals 8C reports on searches without warrant 10B Controlled weapons control of 6 definition 3 forfeiture, return of 9 lawful excuse 6 search without warrant and seizure 10-10B Dangerous articles control of use 7 definition 3 forfeiture, return of 9 lawful excuse 7 search without warrant and seizure 10-10B Definitions 3, 6, 7 Exemptions breach of conditions 8E in regard to prohibited weapons, body armour 8B Lawful excuse application of section 130 of Magistrates' Court Act 1989 8 as to controlled weapons, dangerous articles 6, 7 definition 6, 7 Licensed premises 3, 5-7 Minister powers and duties regarding guidelines as to granting of approvals 8D reports on applications for approvals 8F Subject Section Offences by bodies corporate 8EA by partners 8EB indictable offences 11A regarding approvals 8E body armour 8A controlled weapons 6 dangerous articles 7 evidence of identity 5A exemptions 8E failure to produce things demanded by police 10 prohibited weapons 5-5B, 8G, 11A Prohibited weapons approvals for 8C control of 5 definition 3 exemptions for 8B forfeiture, return of 9 identification of persons purchasing 5A production of approvals 8G sale of 5-5B search without warrant and seizure 10-10B Regulations 12 Repeals 13 Savings 13 Search and seizure return of seized articles 9 with warrant 11 without warrant 10-10B Transitional provisions 14, 15 ?? ?? Control of Weapons Act 1990 No. 24 of 1990