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CONTROL OF WEAPONS ACT 1990 - SECT 8C Approvals for prohibited weapons and body armour

CONTROL OF WEAPONS ACT 1990 - SECT 8C

Approvals for prohibited weapons and body armour

S. 8C(1) amended by Nos 42/2010 s. 8, 35/2012 s. 14.

    (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 any provision of section 5 (except section 5(1AC) or (1AD)), 5AA, 5AB(1) or  8A.

S. 8C(1A)

inserted by No. 53/2007 s. 9(1).

    (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

S. 8C(2)(b)

amended by Nos 53/2007 s. 9(2), 37/2014 s. 10(Sch. item 28.3).

        (b)     a corrections officer, military officer or member of police personnel in connection with their official duties; or

S. 8C(2)(c)

inserted by No. 53/2007 s. 9(3).

        (c)     a person who is a member of a partnership if another member of the partnership is a prohibited person; or

S. 8C(2)(d)

inserted by No. 53/2007 s. 9(3).

        (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.

S. 8D

inserted by No. 47/2000 s. 9.