Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, the Minister may grant authority in writing to an approved officer or
employee of the Board to possess and carry a silencer and to use it in
conjunction with a .22 calibre rifle during the period specified in that
authority.
(2) The Minister may
at any time revoke an authority.
(3) An officer or
employee to whom an authority has been granted —
(a)
shall, when he requires the use of a silencer, obtain one from a member of the
Police Force at the police station nearest to the area in which he proposes to
use the silencer;
(b)
shall comply with such directions as are from time to time given to him in
connection with silencers by a member of the Police Force acting on the
instructions of the Commissioner;
(c)
shall not use a silencer otherwise than in conjunction with a .22 calibre
rifle named and identified in the Corporate Licence referred to in
subsection (7) for the purpose of shooting common starlings Sturnus
vulgaris in the performance of his duties;
(d)
shall take all reasonable precautions to ensure the safekeeping of a silencer
possessed, carried or used by him;
(e)
shall, when not using or about to use a silencer, keep the silencer separate
from any firearm in conjunction with which it is capable of being used; and
(f)
shall, when he —
(i)
is directed under this subsection to surrender; or
(ii)
no longer requires the use of,
a silencer obtained by
him under this subsection, surrender that silencer to a member of the Police
Force at the nearest police station.
(4) If an officer or
employee to whom an authority has been granted fails to perform any of the
duties imposed on him by subsection (3) or ceases to be permitted by the
Board to possess, carry or use a .22 calibre rifle under the Corporate Licence
referred to in subsection (7), his authority is rendered void.
(5) An authority
ceases to be in force on —
(a) the
expiry of the period specified in the authority;
(b) its
revocation under subsection (2);
(c) its
being rendered void by virtue of subsection (4); or
(d) this
section ceasing to have effect by virtue of subsection (7),
whichever is the
sooner.
(6) For the purposes
of section 22, neither the approval of an officer or employee of the
Board for the purposes of subsection (1) nor the giving of a direction
under subsection (3) shall be taken to be the making of a decision by or
on behalf of the Commissioner.
(7) This section has
effect only while the Board is the holder of a valid Corporate Licence
entitling the Board to possess .22 calibre rifles, together with
ammunition therefor.
(8) In this
section —
authority means authority granted under
subsection (1);
Corporate Licence means Corporate Licence referred
to in section 16(1)(c);
silencer means contrivance commonly known as a
silencer, or contrivance of a similar nature;
subsection means subsection of this section;
the Board means The Agriculture Protection Board
of Western Australia constituted under the Agriculture Protection Board
Act 1950 .
[Section 17B inserted by No. 3 of 1983
s. 2; amended by No. 59 of 1996 s. 17.]