Western Australian Consolidated Acts Western Australian Consolidated Acts (1) No licence under
this Act is required —
(a) by a
person who is the holder of a permit issued under this Act in relation to any
matter authorised by that permit;
(b) by
the Governor;
[(c) deleted]
(d)
by —
(i)
a member of the Police Force; or
(ii)
an employee of the Department,
having a firearm or
ammunition in his possession in preparation for, as a consequence of, or for
use in, the performance of his duties;
(e) by a
member of the armed forces of the Crown, or a member of any other disciplined
force specified by the Governor for the purposes of this section by notice in
the Gazette , having a firearm or ammunition in his possession for use in the
performance of his duties;
(f) by a
person permitted to do so under section 16(2) by a body
licensed by the Commissioner under section 16(1)(c) who has a firearm or
ammunition in his possession, or carries or uses it, in accordance with that
permission;
(g) by a
person who is an approved commercial carrier or approved warehouseman, or by
the servant of any such person, who in the ordinary course of his trade or
business as an approved commercial carrier or approved
warehouseman —
(i)
carries, and not by means of a bicycle or motor cycle,
unless otherwise approved; or
(ii)
stores,
a firearm or
ammunition for another person;
(h) in
relation to an approved firearm or ammunition for that firearm, by a person
who in the ordinary course of his practice, trade or business uses that
firearm for the purpose of dealing a blow to any animal with intent to
slaughter it or to render the animal insensible prior to slaughtering;
(i)
by a person who is employed or contracted by, or is a
family member (as defined in subsection (2)) of, a primary
producer —
(i)
to possess or use for the purpose of destroying vermin,
or stock required by that primary producer to be destroyed, on land used by
that primary producer for the purposes of primary production, a firearm and
ammunition belonging to and held by that primary producer under a licence or
permit granted under this Act to the primary producer; or
(ii)
to possess such a firearm or ammunition while carrying it
directly between 2 such pieces of land or directly between such land and any
other place where it is authorised by law to be held,
if the use of the
firearm and ammunition by that person is expressly authorised by the primary
producer;
(j) by a
person who has in his possession or uses any firearm designed for signalling
or life saving purposes in the course of rescue or attempted rescue operations
or in rehearsal or training for such operations, or has in his possession or
uses ammunition for that firearm;
(k) by a
person who has in his possession or uses for the purpose of starting races at
any athletic or other sporting meeting an approved firearm or ammunition for
that firearm belonging to, and held under a licence or permit granted under
this Act by, another person with his permission;
(l) by a
person who, as an employee or partner of the holder of a licence to conduct a
shooting gallery, or as a customer of a shooting gallery being conducted
pursuant to this Act, handles or uses a firearm or ammunition at that shooting
gallery in accordance with the conditions, restrictions and limitations, if
any, specified in the licence relating to that shooting gallery;
(m) by a
person who, with the permission of the owner of the firearm on an approved
range that is properly constructed and maintained, has in his possession,
handles or uses a firearm or ammunition for a firearm that is the property of,
or is the property of a member of, an approved club or other approved
organisation and is held by that owner under a licence or permit granted under
this Act;
(ma) by
a person who, at a venue that is approved and properly constructed and
maintained for the playing of paintball, is in possession of, handles or uses
a prescribed paintball gun or prescribed paintball pellets —
(i)
with the permission of the owner of the paintball gun; or
(ii)
if the owner of the paintball gun is an approved club or
other approved organisation, as a member of that club or other organisation;
(mb) by
a person who is in possession of prescribed paintball pellets;
(mc) by
a person who is in possession of, or carries, but does not use, an antique
mechanism firearm;
(n) by a
person under the age of 18 years who uses a firearm, not being a handgun,
or ammunition for that firearm under the supervision of, and which is the
property of, a person who is the holder of a licence or permit under this Act
relating to that firearm.
(2) In
subsection (1) —
antique mechanism firearm means a muzzle loading
firearm (including a percussion lock handgun that is muzzle loading)
manufactured before 1900 that uses black powder to propel a shot, bullet, or
other missile except that it does not include a breech loading firearm, a
firearm with revolving chambers or barrels, or a cannon;
approved means approved by the Commissioner either
generally by notice in the Gazette or specifically by notice in writing;
family member , in relation to a person,
means —
(a) the
spouse or de facto partner of the person;
(b) a
parent, child, brother, or sister, of the person or of the person’s
spouse or de facto partner; or
(c) the
spouse or de facto partner of a person referred to in paragraph (b).
[Section 8 amended by No. 59 of 1996
s. 8; No. 28 of 2003 s. 59; No. 69 of 2004 s. 5, 8(3) and 11.]