Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor, on
the recommendation of the Commissioner, may make regulations to prohibit the
acquisition, sale, possession, or use of any firearm, silencer or other
contrivance of a similar nature, or ammunition, whether licensed under this
Act or not, either —
(a)
absolutely; or
(b)
except upon and subject to such conditions, restrictions, and limitations, for
such purpose or purposes, and in such place or places, as the Governor
considers desirable in the public interest,
having regard to the
especial potentially dangerous nature of that kind of firearm, contrivance or
ammunition and the need to exercise special precautions in relation thereto,
or otherwise in the public interest.
(1a) Notwithstanding
that any licence may have been issued, permit granted, or approval given under
this Act in relation to any firearm or ammunition of that kind, the Governor,
on the recommendation of the Commissioner, may, in relation to any firearm or
ammunition which is, because of its nature or characteristics, of a kind
requiring the exercise of special precautions and which is named, or falls
within a description given in, or is otherwise identified by, those
regulations, make regulations —
(a)
directing that no licence, permit or approval relating thereto shall be issued
or given;
(b)
directing that no licence, permit or approval relating thereto shall be
capable of being renewed after a date specified in the regulations; or
(c)
otherwise making such provision as may be expedient in relation thereto,
and for the purposes
of section 22 the exercise of any power pursuant to those regulations
shall not be taken to have been a decision made by or on behalf of the
Commissioner.
(2) Regulations made
under subsection (1) may provide penalties for offences against the
regulations, and may also provide that any firearm or ammunition relating to
any such offence shall be forfeited to the Crown whether or not any person is
lawfully entitled to the possession thereof.
(3) Where no penalty
is specifically provided, a person who contravenes a regulation made under
subsection (1) commits a crime and is liable, on conviction —
(a) for
a first offence, to imprisonment for 5 years;
(b) for
a subsequent offence, to imprisonment for 10 years.
Summary conviction penalty for a first offence:
Imprisonment for 3 years or a fine of $12 000.
[Section 6 amended by No. 35 of 1980
s. 3; No. 70 of 1987 s. 4; No. 59 of 1996 s. 7 and
45; No. 4 of 2004 s. 58; No. 69 of 2004 s. 10.]