Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Weapons Bill 1998
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Relationship to other laws 3
5. Crown bound 3
Part 2 -- Offences
6. Prohibited weapons 4
7. Controlled weapons 4
8. Other articles carried or possessed as weapons 5
9. Section 25 of The Criminal Code not affected 6
10 . Exceptions 7
11 . Proof of exceptions or lawful excuses 8
Part 3 -- Enforcement
12 . Interpretation 9
13 . Search and seizure without a warrant 9
page i
166 -- 2
Weapons Bill 1998
14 . Search and seizure with a warrant 10
15 . Retaining something seized but not forfeited 11
16 . Forfeiture and delivery of a weapon on conviction 11
17 . Forfeiture and delivery of a weapon other than on
conviction 12
18 . Disposal of a forfeited weapon 13
19 . Commissioner may delegate a function 14
Part 4 -- Miscellaneous
20 . Regulations 15
21 . Miscellaneous amendments 15
Schedule 1 -- Miscellaneous amendments
1. Firearms Act 1973 16
2. Police Act 1892 16
page ii
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Weapons Bill 1998
A Bill for
An Act to prohibit the bringing or sending into the State, carriage,
possession, purchase, sale, supply and manufacture of certain
weapons, to control the carriage and possession of other weapons, to
amend --
· the Firearms Act 1973; and
· the Police Act 1892,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Weapons Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Weapons Act 1998.
2. Commencement
5 (1) Subject to subsection (2), this Act comes into operation on such
day as is fixed by proclamation.
(2) Sections 6, 7 and 8 and item 2 of Schedule 1 come into
operation on the day 6 months after the day fixed under
subsection (1).
10 3. Interpretation
In this Act, unless the contrary intention appears --
"article" includes a liquid or gas;
"carry" includes to have on or about one's person;
"controlled weapon" means --
15 (a) an article prescribed by regulations to be a controlled
weapon; or
(b) any other article, not being a firearm or a prohibited
weapon, made or modified to be used --
(i) to injure or disable a person;
20 (ii) to cause a person to fear that someone will be
injured or disabled by that use; or
(iii) for attack or defence in the practice of a
martial sport, art or similar discipline;
page 2
Weapons Bill 1998
Preliminary Part 1
s. 4
"conveyance" means anything used or capable of being used to
transport people or goods by air, land or water and it does
not matter how it is propelled or that it may ordinarily be
stationary;
5 "defence" means self-defence, defence of another or defence of
property;
"firearm" has the same meaning as in section 4 of the Firearms
Act 1973;
"possess" includes to have control or dominion over and to have
10 the order or disposition of;
"prohibited weapon" means an article prescribed by regulations
to be a prohibited weapon;
"weapon" means a prohibited weapon, a controlled weapon or
an article to which section 8 applies.
15 4. Relationship to other laws
This Act is in addition to and not instead of any other written
law relating to weapons.
5. Crown bound
This Act binds the Crown in right of the State and, so far as the
20 legislative power of Parliament permits, in all its other capacities.
page 3
Weapons Bill 1998
Part 2 Offences
s. 6
Part 2 -- Offences
6. Prohibited weapons
(1) Except as provided in subsections (2) and (3) and section 10, a
person who --
5 (a) brings or sends a prohibited weapon into the State;
(b) carries or possesses a prohibited weapon;
(c) purchases, sells or supplies a prohibited weapon; or
(d) manufactures a prohibited weapon,
or attempts to do any of those things, commits an offence.
10 Penalty: $8 000 or imprisonment for 2 years.
(2) A person does not commit an offence under subsection (1)(b) if
the person carries or possesses the prohibited weapon only so as
to deliver it into the custody of --
(a) a member of the Police Force; or
15 (b) an employee in the Police Service.
(3) A person does not, by doing or attempting to do something
referred to in subsection (1), commit an offence against that
subsection if it is for the purpose of fulfilling a contract for the
provision of a prohibited weapon to a person who may lawfully
20 possess it.
7. Controlled weapons
(1) Except as provided in section 10, a person who, without a lawful
excuse, carries or possesses a controlled weapon commits an
offence.
25 Penalty: $4 000 or imprisonment for one year.
page 4
Weapons Bill 1998
Offences Part 2
s. 8
(2) Except as provided in section 10, a person who has a lawful
excuse to carry or possess a controlled weapon commits an
offence if the person carries or possesses it in a manner that
could reasonably be expected to cause someone --
5 (a) to be injured or disabled; or
(b) to fear that someone will be injured or disabled.
Penalty: $4 000 or imprisonment for one year.
(3) In this section a lawful excuse to carry or possess a controlled
weapon does not include the excuse that the weapon is carried
10 or possessed for defence.
(4) Subsection (3) does not apply to a controlled weapon of a kind
prescribed for the purposes of this subsection as long as it is
carried or possessed in such circumstances, if any, as the
regulations may prescribe.
15 (5) Regulations under subsection (4) may apply generally or to a
particular person or class of persons.
8. Other articles carried or possessed as weapons
(1) Except as provided in subsections (3) and (5) and section 10, a
person who carries or possesses an article, not being a firearm, a
20 prohibited weapon or a controlled weapon, with the intention of
using it, whether or not for defence --
(a) to injure or disable any person; or
(b) to cause any person to fear that someone will be injured
or disabled by that use,
25 commits an offence.
Penalty: $4 000 or imprisonment for one year.
page 5
Weapons Bill 1998
Part 2 Offences
s. 9
(2) A person is presumed to have had the intention referred to in
subsection (1) if --
(a) the article was carried or possessed in circumstances that
give reasonable grounds for suspecting that the person
5 had the intention; and
(b) the contrary is not proved.
(3) A person does not commit an offence under subsection (1) if the
person carries or possesses the article at the person's dwelling
for the purpose of using it in lawful defence at the dwelling in
10 circumstances that the person has reasonable grounds to
apprehend may arise.
(4) In subsection (3) --
"dwelling" has the same meaning as in section 1 of The
Criminal Code.
15 (5) A person who has the immediate control of a business does not
commit an offence under section 8(1) if the person carries or
possesses the article at a part of the business premises --
(a) that is not in the view of the public; and
(b) to which the public does not usually have access,
20 for the purpose of using it in lawful defence at the business
premises in circumstances that the person has reasonable
grounds to apprehend may arise.
9. Section 25 of The Criminal Code not affected
Sections 7(3) and 8(1) do not affect the operation of sections 25
25 and 31 of The Criminal Code.
page 6
Weapons Bill 1998
Offences Part 2
s. 10
10. Exceptions
(1) A person does not commit an offence under section 6, 7 or 8
only because of something done by the person in the
performance of the person's functions as --
5 (a) a member of the Police Force;
(b) a special constable appointed under Part III of the Police
Act 1892;
(c) an employee in the Police Service; or
(d) a person --
10 (i) engaged to provide a service to the Police Force;
or
(ii) called upon to assist a member of the Police
Force or a special constable appointed under
Part III of the Police Act 1892.
15 (2) A person does not commit an offence under section 6 or 7(1)
only because of something done by the person in the
performance of the person's functions as --
(a) the Western Australian Museum constituted under the
Museums Act 1969, a Trustee, member of staff or
20 employee of the Museum or a person engaged to provide
a service to the Museum whether for remuneration or
not; or
(b) a person establishing or maintaining a museum
recognized under Part IV of the Museums Act 1969 or a
25 person employed in or engaged to provide a service to
such a museum whether for remuneration or not.
(3) A person does not commit an offence under section 6, 7 or 8 in
such circumstances, if any, as the regulations may prescribe.
page 7
Weapons Bill 1998
Part 2 Offences
s. 11
(4) Regulations under subsection (3) may apply generally or to a
particular person or class of persons.
11. Proof of exceptions or lawful excuses
In any proceedings against a person for an offence under
5 section 6, 7 or 8 the person has the burden of proving any
exception under that section or section 10 or any lawful excuse
on which the person seeks to rely.
page 8
Weapons Bill 1998
Enforcement Part 3
s. 12
Part 3 -- Enforcement
12. Interpretation
(1) In this Part --
"Commissioner" means the Commissioner of Police;
5 "juvenile justice team" means a juvenile justice team under
Division 2 of Part 5 of the Young Offenders Act 1994;
"offence" means an offence under section 6, 7 or 8.
(2) For the purposes of this Part a person is lawfully entitled to
possess something if --
10 (a) the person owns it or is authorized by the owner to
possess it; and
(b) the possession is not prohibited by law or is authorized,
justified or excused by law.
13. Search and seizure without a warrant
15 (1) A member of the Police Force may without a warrant stop,
detain and search anyone who the member suspects on
reasonable grounds to be --
(a) committing an offence;
(b) carrying a weapon relating to an offence; or
20 (c) carrying something else that will afford evidence as to
the commission of an offence.
(2) A member of the Police Force may without a warrant stop,
detain and search any conveyance where the member suspects on
reasonable grounds that there is located --
25 (a) a weapon relating to an offence; or
(b) anything else that will afford evidence as to the
commission of an offence.
page 9
Weapons Bill 1998
Part 3 Enforcement
s. 14
(3) A member of the Police Force may without a warrant seize --
(a) any weapon that the member suspects on reasonable
grounds relates to an offence; or
(b) anything else that the member suspects on reasonable
5 grounds will afford evidence as to the commission of an
offence.
14. Search and seizure with a warrant
(1) If a justice is satisfied that there are reasonable grounds for
suspecting that there is located in a place --
10 (a) any weapon relating to an offence; or
(b) anything else that will afford evidence as to the
commission of an offence,
the justice may grant a warrant of search and seizure in relation
to that place.
15 (2) A warrant under subsection (1) authorizes any member of the
Police Force with such assistance as the member thinks
necessary and with such force as is reasonably necessary for the
execution of the warrant --
(a) to enter the place at any time;
20 (b) to search the place;
(c) to stop, detain and search anyone at the place; and
(d) to seize --
(i) any weapon that the member suspects on
reasonable grounds relates to an offence; or
25 (ii) anything else that the member suspects on
reasonable grounds will afford evidence as to the
commission of an offence.
page 10
Weapons Bill 1998
Enforcement Part 3
s. 15
15. Retaining something seized but not forfeited
(1) A member of the Police Force may retain anything that has been
seized under this Act but that is not forfeited to the Crown if --
(a) it is required for the investigation of an offence or the
5 prosecution of someone for an offence;
(b) it relates to a matter that is being dealt with by a juvenile
justice team; or
(c) no person has satisfied the Commissioner that the person
is lawfully entitled to possess it,
10 and a court has not ordered under section 16(1)(b) or 17(3) that
it be delivered to a person.
(2) If something is seized under this Act, but cannot be retained
under subsection (1) it is to be returned to the person from
whom it was seized unless it is required by an order under
15 section 16(1)(b) or 17(3) to be delivered to another person.
16. Forfeiture and delivery of a weapon on conviction
(1) A court convicting a person of an offence may order that a
weapon relating to the offence --
(a) is forfeited to the Crown, whether or not the weapon has
20 been seized and retained by a member of the Police
Force under this Act; or
(b) be delivered to another person who is lawfully entitled to
possess the weapon if the weapon has been seized and
retained by a member of the Police Force under this Act.
25 (2) A person claiming to be lawfully entitled to possess a weapon
relating to an offence may, in relation to an order under this
section --
(a) be heard in the proceedings for the offence;
page 11
Weapons Bill 1998
Part 3 Enforcement
s. 17
(b) make an application under section 136A of the Justices
Act 1902 as if the person were a party to the proceedings
for the offence; and
(c) be an aggrieved person for the purposes of section 185
5 of the Justices Act 1902.
17. Forfeiture and delivery of a weapon other than on
conviction
(1) A person claiming to be lawfully entitled to possess a weapon
that has been seized and retained by a member of the Police
10 Force under this Act may, within 21 days of the relevant day,
apply to a court of petty sessions for an order that the weapon
be delivered to the person if --
(a) no one is charged with an offence to which the weapon
relates; or
15 (b) someone is charged with an offence to which the weapon
relates but upon the hearing and determination of every
such charge --
(i) no one is convicted; or
(ii) if someone is convicted, no order is made under
20 section 16(1).
(2) In subsection (1) --
"relevant day" in relation to a weapon that has been seized and
retained by a member of the Police Force under this Act
means --
25 (a) if no one is charged with an offence to which the
weapon relates or dealt with by a juvenile justice team
for a matter to which the weapon relates, the day of
the seizure of the weapon;
page 12
Weapons Bill 1998
Enforcement Part 3
s. 18
(b) if no one is charged with an offence to which the
weapon relates but someone is dealt with by a juvenile
justice team for a matter to which the weapon relates,
the day on which every such matter is finally disposed
5 of by the team; or
(c) if someone is charged with an offence to which the
weapon relates, the day on which every such charge
has been heard and determined.
(3) A court hearing an application under subsection (1) may order
10 that the weapon be delivered to the person making the
application if the court is satisfied on the balance of probabilities
that the person is lawfully entitled to possess the weapon.
(4) A weapon is forfeited to the Crown if, in the circumstances set
out in subsection (1) --
15 (a) no application for the delivery of a weapon is made
within the time fixed by that subsection; or
(b) an application for the delivery of a weapon is made
within the time fixed by that subsection but every such
application is dismissed.
20 18. Disposal of a forfeited weapon
(1) Subject to subsection (2), if a weapon is forfeited to the Crown
under this Act the Commissioner may direct that the weapon be
sold, destroyed or otherwise disposed of in such manner as the
Commissioner thinks fit.
25 (2) If a weapon is forfeited to the Crown --
(a) by an order under section 16(1)(a); or
(b) after an order dismissing an application under
section 17(1),
page 13
Weapons Bill 1998
Part 3 Enforcement
s. 19
the Commissioner is not to make a direction under
subsection (1) before the expiration of the time allowed for
instituting an appeal against the order or, if an appeal is lodged
within that time, before the determination of the appeal.
5 19. Commissioner may delegate a function
The Commissioner may by instrument in writing delegate a
function conferred on the Commissioner under this Part other
than this power of delegation.
page 14
Weapons Bill 1998
Miscellaneous Part 4
s. 20
Part 4 -- Miscellaneous
20. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
5 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
21. Miscellaneous amendments
Amendments are made as set out in Schedule 1.
page 15
Weapons Bill 1998
Schedule 1 Miscellaneous amendments
Schedule 1 -- Miscellaneous amendments
[s. 21]
1. Firearms Act 1973
In the definition of "firearm" in section 4 delete "or other missile;" and
5 insert instead --
"
or other missile, but does not include anything that is
prescribed in regulations under the Weapons Act 1998 to be
a prohibited weapon or a controlled weapon;
10 ".
2. Police Act 1892
Repeal section 65(4a).
page 16
[Index] [Search] [Download] [Related Items] [Help]