WEAPONS ACT 1990 - As at 1 February 2024 - Act 71 of 1990

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
1.3. (Repealed) 1.4. (Repealed)
• 2 Application of Act
• 3 Principles and object of Act
• 4 How object is to be achieved for firearms
• 5 Definitions
• 6 Meaning of heirloom firearm
• 6A What is a replica
• 6B Meaning of security guard
• 6C Meaning of public monument
• 7 How a firearm is made permanently inoperable
• 8 How a firearm is made temporarily inoperable
• 8A Notes in text

PART 2 - LICENCES

• 9 Issue, renewal, endorsement and alteration of licences
• 10 Limitations on issue of licence
• 10A Adequate knowledge of weapon
• 10AA Approval of training courses
• 10B Fit and proper person—licensees
• 10C Fit and proper person—licensed dealer’s associate
• 11 Genuine reasons for possession of a weapon
• 12 Licences
• 13 Application for licence
• 14 Inquiries into application
• 15 Authorised officer decides application
• 16 Issue of licence
17. (Repealed)
• 18 Renewal of licences
• 18AA Alternative provision for renewal application if licensee is an individual
• 18AB What is required information for s 18AA
• 18A Additional application requirements for collector’s licence (weapons) for category H weapon
• 18B Additional application requirements for concealable firearms licence
• 18C Additional application requirements for dealer’s licence
• 18D Delegation by representative
• 19 Notice of rejection of application to issue or renew licence
• 20 Term of licence
• 20A Continuation of licence until renewal application dealt with
• 21 Certain licences transferable
• 22 Reporting loss, destruction or theft of licence
• 23 Replacement licence
• 24 Change in licensee’s circumstances
• 25 Authorised officer may amend licence conditions
• 25A Authorised officer may require information about licensed dealer’s associates
• 26 Change of approved place
• 27 Surrender of licence
• 27A Effect of temporary protection order, police protection notice or release conditions on licence
• 27B Notice of intention to revoke because dealer’s associate is not fit and proper
• 28 Suspension of licence by giving suspension notice
• 28A Revocation or suspension of licence and related matters after protection order is made
• 29 Revocation of licence by giving revocation notice
• 29A Action by court if respondent has access to weapons through employment
• 29B Arrangements for surrender of suspended or revoked licences and weapons
• 30 Suspension or revocation notice
• 31 Licensee’s representative
• 32 Temporary recognition of interstate licences for particular purposes
• 33 Interstate residents moving to Queensland
• 34 Contravention of licence condition
• 34AA Effect of an appeal against a domestic violence order

PART 3 - ACQUISITION, SALE AND DISPOSAL OF WEAPONS

Division 1 - Preliminary

• 34A Definitions for pt 3

Division 2 - Acquisition, sale and disposal of weapons

• 35 Acquisition of weapons
• 36 Sale or disposal of weapons
• 37 Advertising sale of firearms

Division 3 - Permits to acquire

• 38 Issue etc. of permits to acquire
• 39 Limitations on issue of permits to acquire
• 40 Application for permit to acquire
• 41 Inquiries into application
• 42 Authorised officer decides application
• 43 Issue of permit to acquire
• 44 Notice of rejection of application for permit to acquire
• 45 Term of permit to acquire
• 46 Reporting loss, destruction or theft of permit to acquire
• 47 Replacement permit to acquire
• 48 Surrender of permit to acquire

Division 3A - Marking serial numbers on unmarked firearms

• 48A Marking serial numbers on unmarked firearms
• 48B Approval of alternative way of marking serial number

Division 4 - Firearms register

• 49 Commissioner to maintain firearms register

PART 4 - POSSESSION AND USE OF WEAPONS

Division 1 - General

• 49A Authority given by licence
• 50 Possession of weapons
• 50A Possession of unregistered firearms
• 50B Unlawful supply of weapons
• 51 Possession of a knife in a public place or a school
• 52 Physical possession and use of weapon sometimes allowed for the purpose of training a minor
• 53 An unlicensed person may use a weapon at an approved range
• 54 Possession or use of weapon by unlicensed person in primary production sometimes allowed
• 55 Use of weapons by particular unlicensed persons at shooting gallery allowed
• 55A Possession of weapons supplied by theatrical ordnance supplier
• 56 Discharge of weapon on private land without owner’s consent prohibited
• 57 Particular conduct involving a weapon in a public place prohibited
• 58 Dangerous conduct with weapon prohibited generally
• 59 Possession or use of weapon under the influence of liquor or a drug prohibited
• 60 Secure storage of weapons
• 60A Lost or stolen weapons
• 61 Shortening firearms
• 62 Modifying construction or action of firearms
• 63 Altering identification marks of weapons
• 64 Obtaining weapons by deceit
• 65 Unlawful trafficking in weapons
• 66 Dispatch of weapons
3.14. (Repealed)
• 67 Possessing and acquiring restricted items

Division 2 - Dealers, armourers and employees

• 68 Dealers to be licensed
• 69 Armourers to be licensed
• 70 Employees of dealers and armourers
• 70A Obligations of armourers when modifying firearm to become different category of weapon
• 71 Licensed dealers and armourers to keep register
• 72 Annual returns by licensed dealers
• 73 Dealer etc. to require information
• 74 Licensed dealer or armourer taken to be in unlawful possession

Division 3 - Collectors

• 75 Collector to be licensed
• 76 Collector’s licence (heirloom)
• 77 Collector’s licence (weapons)
• 78 Weapons not to be discharged or operated
• 79 Approval of arms fair
• 80 Application for approval
• 81 Collectors to keep register
• 82 Removal of register and weapons
• 83 Licensed collector leaving Queensland
• 84 Licensed collector taken to be in unlawful possession

Division 4 - Approved shooting clubs

• 85 Only an approved shooting club may conduct target shooting
• 86 Application for shooting club permit
• 87 Authorised officer may grant or refuse shooting club permit
• 88 Authorised officer to give reasons for refusing to grant permit
• 89 Conditions to apply to permit
• 90 Representative required for application
• 91 Duty of representative
• 92 Change of representative
• 93 How to decide whether an individual is an appropriate person
• 94 Authorised officer may amend permit conditions
• 95 Authorised officer may make temporary amendment of conditions
• 96 Revoking or suspending permit
• 97 Club must keep range use register books
• 98 Service of notice on approved shooting club
• 98A Limitation on organised target shooting
• 98B Membership of approved pistol clubs

Division 5 - Approved ranges

• 99 Application for range approval
• 100 Limits on approvals
• 101 Authorised officer may grant or refuse range approval
• 102 Authorised officer to give reasons for refusing to grant approval
• 103 Conditions to apply to approval
• 104 Authorised officer may amend approval conditions
• 105 Authorised officer may make temporary amendment of conditions
• 106 Suspending or revoking approval
• 107 Range can be dealt with in conjunction with shooting club permit
• 108 Responsibilities of range operator
• 109 Responsibilities of range officer
• 110 Responsibilities of person attending an approved range

Division 6 - Shooting galleries

• 111 Approval of shooting galleries
• 112 Conditions of approval
• 113 Representative of holder of approval
• 113A Authorised officer may amend approval conditions
• 113B Authorised officer may make temporary amendment of conditions
• 113C Suspending or revoking approval
• 114 Conduct of persons resorting to shooting galleries

Division 7 - Theatrical ordnance suppliers and other associated matters

• 115 Theatrical ordnance suppliers to be licensed
• 116 Employees of theatrical ordnance suppliers
• 117 Theatrical ordnance supplier to keep register
• 118 Weapons may be supplied for theatre, film and television productions
• 119 Supervision of use of weapons in theatre, film and television productions
• 120 Removal of register and weapons
• 121 Annual returns by licensed theatrical ordnance supplier
• 122 Licensed theatrical ordnance supplier taken to be in unlawful possession

Division 8 - Security guards and security organisations

• 123 Armed security guard must be licensed
• 124 Training courses for security guards
• 125 Control of possession and use of weapons by security guards
• 126 Employed security guard must record prescribed information
• 126A Obligation of security guard carrying on business to keep register
• 127 Obligations of security organisation in relation to the possession or use of a weapon
• 128 Obligations of security organisation in relation to register
• 129 Obligation of members of governing body of security organisation

PART 5 - ADDITIONAL REQUIREMENTS IN RELATION TO CATEGORY H WEAPONS

Division 1 - Requirements for holders of concealable firearms licence

• 130 Application of div 1
• 131 Limitation on number of concealable firearms particular licensees may acquire
• 132 Conditions for concealable firearms licence
• 133 Participation conditions for concealable firearms licence
• 134 Licensees to keep participation record
• 135 Show cause notice
• 136 Consideration of representations
• 137 Notice to dispose

Division 2 - Requirements for collectors

• 138 Condition for collector’s licence (weapons)

Division 3 - Requirements for approved pistol clubs

• 139 Endorsement of participation record
• 140 Approved pistol club to give report about members
• 141 Show cause notice
• 141A Consideration of representations

Division 4 - Disclosure requirements for approved pistol clubs and approved historical societies

• 141B Disclosure requirements

PART 6 - RIGHTS OF REVIEW AND OTHER APPEALS

• 142 Right to apply for review of decisions
• 142AA Notices must be QCAT information notices
• 142A Confidentiality of criminal intelligence
143. (Repealed) 144. (Repealed)
• 145 Applicant may carry on business pending review
146. (Repealed) 147. (Repealed) 148. (Repealed) 149. (Repealed)

PART 7 - MISCELLANEOUS

• 150 Advisory council
• 151 Disclosure by professional carer of certain information
• 151A Disclosure by approved shooting clubs and approved historical societies of particular information
• 151B Protection of informers
• 151C Source of information not to be disclosed
• 151D Power to prohibit publication of proceedings
• 152 Approved officers
• 153 Authorised officers
• 154 Authorised officers may approve particular weapons to be of particular types
• 155 Disqualification by a court
156. (Repealed)
• 157 Fraud and unlawful possession of licence etc.
• 158 False or misleading statements
• 159 Criminal Code to be read with Act
160. (Repealed)
• 161 Proceedings for an offence
• 161A Indictable offences
• 161B Circumstances in which particular charges may be joined
162. (Repealed)
• 163 Evidentiary provisions
• 164 Service of notice, orders etc.
• 165 Liability for tort generally
• 166 Payment and recovery of damages
• 167 Provision of legal representation
• 168 Landowner incurs no liability merely because permission given
• 168A Particular landowners to keep permit register
• 168B Amnesty for firearms and prescribed things in particular circumstances
• 168C Dealing with surrendered firearm or prescribed thing
• 168D Authorisation to deal with surrendered firearm or prescribed thing
• 169 Fees and penalties
• 170 Delegations
• 171 Approval of forms
• 172 Regulation-making power

PART 8 - TRANSITIONAL AND VALIDATION PROVISIONS

Division 1 - Transitional provision for Police Powers and Responsibilities and Another Act Amendment Act 2001

• 173 Transitional provision for Police Powers and Responsibilities and Another Act Amendment Act 2001

Division 2 - Transitional provisions for Weapons (Handguns and Trafficking) Amendment Act 2003

• 174 Definitions for div 2
• 175 Compensation—prohibited handguns and parts of prohibited handguns
• 176 Compensation—other handguns and related matters
• 177 Possession of prohibited handguns during amnesty period
• 178 Licensed collectors
• 179 Participation records for s 18B
• 180 Joinder of charges
181. (Repealed) 182. (Repealed)

Division 3 - Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2003

• 183 Transitional provision about authorised officers powers
184. (Repealed)
• 185 Declaration relating to s 33(3)(a)
• 186 Transitional provision about category M crossbows

Division 4 - Transitional provisions for Weapons Amendment Act 2011

• 187 Definition for div 4
• 188 Declaration concerning Serco during interim period
• 189 Declaration concerning GEO during interim period
• 190 Training courses

Division 5 - (Repealed)

Division 6 - Transitional provision for Counter-Terrorism and Other Legislation Amendment Act 2015

• 192 Declaration about officers of Customs during interim period

Division 7 - Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016

• 193 Applications not finally decided
• 194 Proceedings not finally decided

Division 8 - Validation provision for Police Service Administration and Other Legislation Amendment Act 2023

• 195 Validation of particular decisions under pt 2 or pt 3, div 3
7.1. (Repealed) 7.2. (Repealed) 7.3. (Repealed) 7.4. (Repealed)
• SCHEDULE 1
• SCHEDULE 2