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New South Wales
Firearms Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Firearms Act 1996 No 46 2
4 Amendment of Firearms Regulation 2006 2
5 Explanatory notes 2
6 Repeal of Act 2
Schedule 1 Amendment of Firearms Act 1996 3
Schedule 2 Amendment of Firearms Regulation 2006 10
b2008-050-35.d09
New South Wales
Firearms Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Firearms Act 1996 and the Firearms Regulation 2006 to make
further provision with respect to the regulation and control of firearms; and for other
purposes.
Clause 1 Firearms Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Firearms Amendment Act 2008. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as 5
provided by subsection (2). 6
(2) Schedules 1 [1], [2], [4], [5] and [14] and 2 [5], [8], [9] and [23]-[25] 7
commence 3 months after the date of assent to this Act, unless 8
commenced sooner by proclamation. 9
3 Amendment of Firearms Act 1996 No 46 10
The Firearms Act 1996 is amended as set out in Schedule 1. 11
4 Amendment of Firearms Regulation 2006 12
The Firearms Regulation 2006 is amended as set out in Schedule 2. 13
5 Explanatory notes 14
The matter appearing under the heading "Explanatory note" in 15
Schedule 1 or 2 does not form part of this Act. 16
6 Repeal of Act 17
(1) This Act is repealed on the day following the day on which all of the 18
provisions of this Act have commenced. 19
(2) The repeal of this Act does not, because of the operation of section 30 20
of the Interpretation Act 1987, affect any amendment made by this Act. 21
Page 2
Firearms Amendment Bill 2008
Amendment of Firearms Act 1996 Schedule 1
Schedule 1 Amendment of Firearms Act 1996 1
(Section 3) 2
[1] Section 4 Definitions 3
Insert in alphabetical order in section 4 (1): 4
theatrical armourer means a person who carries on a business of 5
providing firearms for the purposes of film, television or 6
theatrical productions. 7
[2] Section 4 (1), definition of "firearms dealer" 8
Insert at the end of the definition: 9
, and includes a theatrical armourer. 10
Explanatory note 11
Items [1] and [2], together with the amendment made by item [5], will enable theatrical 12
armourers to be treated as firearms dealers under the Firearms Act 1996 (the Act) and 13
to be issued with firearms dealer licences instead of theatrical armourer permits under 14
the Firearms Regulation 2006 (the Regulation). Similar amendments were made in 15
relation to club armourers soon after the commencement of the Act. As licensed 16
firearms dealers, theatrical armourers will not, when acquiring a firearm, be required to 17
obtain a permit to acquire the firearm. 18
[3] Sections 6A and 6B 19
Insert after section 6: 20
6A Exemption relating to firearms manufactured before 1900 21
(1) This section applies to any firearm manufactured before 1900 22
that: 23
(a) is not capable of discharging breech-loaded metallic 24
cartridges, or 25
(b) is a firearm the ammunition for which is determined by the 26
Commissioner to be ammunition that is not commercially 27
available. 28
(2) A person is exempt from any requirement under this Act to be 29
authorised by a licence or permit to possess a firearm to which 30
this section applies. 31
(3) A person does not commit an offence under section 36 with 32
respect to an unregistered firearm if it is a firearm to which this 33
section applies. 34
(4) A person does not commit an offence under section 50, 51, 51A 35
or 54 with respect to the sale or purchase of a firearm if it is a 36
firearm to which this section applies. 37
Page 3
Firearms Amendment Bill 2008
Schedule 1 Amendment of Firearms Act 1996
(5) Nothing in this section authorises the use of any firearm. 1
(6) Any determination by the Commissioner of the ammunition that 2
is not commercially available for the purposes of this section 3
must be published in the Gazette. 4
6B Exemption for unlicensed persons shooting on approved ranges 5
and for persons undertaking firearms safety training courses 6
(1) A person is exempt from any requirement under this Act to be 7
authorised by a licence or permit to possess or use a firearm 8
(other than a prohibited firearm) if the person possesses or uses 9
the firearm only: 10
(a) at a shooting range approved by the Commissioner in 11
accordance with the regulations and while under the direct 12
supervision of a person who is authorised by a licence to 13
possess or use a firearm of that kind, or 14
(b) while participating in a firearms safety training course 15
approved by the Commissioner in accordance with the 16
regulations and while under the direct supervision of a 17
firearms instructor approved by the Commissioner in 18
accordance with the regulations. 19
(2) Any such exemption from the requirement to be authorised by a 20
licence or permit to possess or use a firearm is subject to the 21
requirements prescribed by the regulations. 22
(3) This section does not apply in relation to a person who is under 23
the age of 12 years. 24
Explanatory note 25
Item [3] inserts expanded versions of certain exemptions from the Act that are currently 26
contained in the Firearms Regulation 2006. Proposed section 6A will exempt persons 27
from being required to have a licence to possess, or from being required to register, 28
any firearm manufactured before 1900 if the firearm does not take breech-loaded 29
metallic cartridges or is a firearm for which ammunition is not commercially available. 30
The restrictions under the Act in relation to the sale of firearms will also not apply to 31
these pre-1900 firearms. The exemption provided under the proposed section does not 32
however allow any such firearm to be fired. A similar exemption is currently contained 33
in clause 116 of the Regulation in relation to long arms, and pre-percussion pistols, 34
manufactured before 1900. 35
Proposed section 6B will enable unlicensed persons to shoot on approved ranges 36
under supervision and subject to the requirements set out in the regulations (see 37
Schedule 2 [27]). The proposed section also exempts supervised persons who are 38
handling firearms as part of an approved firearms training course from the requirement 39
to be licensed. 40
Page 4
Firearms Amendment Bill 2008
Amendment of Firearms Act 1996 Schedule 1
[4] Section 8 Licence categories and authority conferred by licence 1
Insert "or a theatrical armourer" after "other than a club armourer" in the 2
matter relating to firearms dealer licences in section 8 (1). 3
Explanatory note 4
Item [4] is consequential on the amendments made by items [1], [2] and [5]. 5
[5] Section 8 (1) 6
Insert at the end of the matter relating to firearms dealer licences: 7
In the case of a theatrical armourer, authorises the licensee to 8
possess, use, manufacture, convert, purchase, sell, transfer, 9
supply, repair, maintain or test firearms (and blank cartridges for 10
those firearms) in the licensee's capacity as a theatrical armourer. 11
The authority conferred by a firearms dealer licence issued to a 12
theatrical armourer extends to any employee of the licensee who 13
is authorised in writing by the Commissioner. 14
Explanatory note 15
Item [5] specifies the authority conferred by a firearms dealer licence that is issued to 16
a theatrical armourer. The authority conferred by such a licence is similar to the 17
authority currently conferred by a theatrical armourer's permit under the Regulation. 18
Existing theatrical armourers who have a permit will be taken to be licensed under the 19
Act (see item [14]). 20
[6] Section 11 General restrictions on issue of licences 21
Insert after section 11 (2): 22
(2A) Subsection (2) does not apply if the application is for the renewal 23
of a licence (including the renewal of a category A or B licence 24
that involves the addition of either of those licence categories to 25
the previous licence). 26
Explanatory note 27
Item [6] provides that the mandatory 28-day waiting period for the issuing of a licence 28
does not apply if the application is for the renewal of a licence. 29
[7] Section 17A Special provisions relating to category C licences issued for 30
clay target shooting purposes 31
Insert "(or such other body as may be approved by the Commissioner)" after 32
"Association" in section 17A (4). 33
Explanatory note 34
Under section 17A of the Act, an applicant for a special category C licence (which 35
authorises the person to use a self-loading or pump action shotgun in a recognised clay 36
target shooting competition) must provide a statement to the effect that the applicant is 37
a member of a shooting club which is affiliated with the Australian Clay Target 38
Association. Item [7] will enable the Commissioner of Police to approve other bodies to 39
which an applicant's shooting club may be affiliated. 40
Page 5
Firearms Amendment Bill 2008
Schedule 1 Amendment of Firearms Act 1996
[8] Section 31 Permits to acquire firearms 1
Omit section 31 (3) (b) and (4). 2
Explanatory note 3
Item [8] is consequential on the amendment made by item [9]. 4
[9] Section 31A 5
Insert after section 31: 6
31A Waiting period for issuing permits to acquire firearms 7
(1) The Commissioner must not issue a permit authorising a person 8
to acquire a firearm until after the end of the period of 28 days 9
following the day on which the application for the permit is 10
made. 11
(2) Subsection (1) does not apply in relation to an application for a 12
permit to acquire a firearm to which a particular category of 13
licence applies if, at the time the application is made, a firearm to 14
which that licence category applies is registered in the applicant's 15
name. 16
(3) For the purposes of subsection (2), a category A and category B 17
licence are taken to be the same licence category. 18
Explanatory note 19
Under section 50 of the Act, a person (other than a licensed firearms dealer) must not 20
purchase a firearm unless the person is authorised to acquire the firearm by a permit 21
issued by the Commissioner of Police. Section 31 of the Act currently provides that a 22
separate permit is required for each firearm to be acquired by a person and a 23
mandatory 28-day waiting period applies before the Commissioner can issue the 24
person with a permit to acquire. 25
Item [9] restates the 28-day waiting period currently in section 31 of the Act but provides 26
that it does not apply if the applicant already has registered in his or her name a firearm 27
of the same kind as the firearm that is the subject of the permit application. 28
[10] Section 52 Use of mail for sending firearms and barrels 29
Insert after section 52 (4): 30
(4A) It is not an offence under subsection (1) or (2) if the firearm or 31
firearm barrel is sent by a licensed firearms dealer to another 32
licensed firearms dealer by a form of post that requires delivery 33
in person to the addressee. 34
(4B) It is not an offence under subsection (3) if the person who is 35
directed or requested to send the firearm or firearm barrel is a 36
licensed firearms dealer (or a firearms dealer licensed under the 37
law of another State) and the firearms dealer is directed or 38
Page 6
Firearms Amendment Bill 2008
Amendment of Firearms Act 1996 Schedule 1
requested to send the firearm or barrel to a licensed firearms 1
dealer by a form of post that requires delivery in person to the 2
addressee. 3
Explanatory note 4
Item [10] provides that the offences of sending or receiving a firearm or firearm barrel 5
by mail do not apply if the firearm or barrel is sent by a licensed firearms dealer to 6
another licensed dealer by a form of post that requires delivery in person to the 7
addressee (such as registered mail). 8
[11] Section 53 Use of mail for sending firearms outside this State 9
Omit "security mail" from section 53 (c). 10
Insert instead "a form of post that requires delivery in person to the addressee". 11
Explanatory note 12
Item [11] replaces a reference to security mail so that the provision will be consistent 13
with the proposed amendments made by item [10]. 14
[12] Section 85A 15
Insert after section 85: 16
85A Penalty notices 17
(1) An authorised officer may serve a penalty notice on a person if it 18
appears to the officer that the person has committed an offence 19
under this Act or the regulations, being an offence prescribed by 20
the regulations as a penalty notice offence. 21
(2) A penalty notice is a notice to the effect that, if the person served 22
does not wish to have the matter determined by a court, the 23
person can pay, within the time and to the person specified in the 24
notice, the amount of the penalty prescribed by the regulations for 25
the offence if dealt with under this section. 26
(3) A penalty notice may be served personally or by post. 27
(4) If the amount of penalty prescribed for an alleged offence is paid 28
under this section, no person is liable to any further proceedings 29
for the alleged offence. 30
(5) Payment under this section is not to be regarded as an admission 31
of liability for the purpose of, and does not in any way affect or 32
prejudice, any civil claim, action or proceeding arising out of the 33
same occurrence. 34
(6) The regulations may: 35
(a) prescribe an offence for the purposes of this section by 36
specifying the offence or by referring to the provision 37
creating the offence, and 38
Page 7
Firearms Amendment Bill 2008
Schedule 1 Amendment of Firearms Act 1996
(b) prescribe the amount of penalty payable for the offence if 1
dealt with under this section, and 2
(c) prescribe different amounts of penalties for different 3
offences or classes of offences. 4
(7) An offence referred to in section 84 (2) or (3) cannot be 5
prescribed by the regulations as a penalty notice offence. 6
(8) The amount of a penalty prescribed under this section for an 7
offence is not to exceed the maximum amount of penalty that 8
could be imposed for the offence by a court. 9
(9) This section does not limit the operation of any other provision 10
of, or made under, this or any other Act relating to proceedings 11
that may be taken in respect of offences. 12
(10) In this section: 13
authorised officer means: 14
(a) a police officer, or 15
(b) any other member of the NSW Police Force authorised in 16
writing by the Commissioner for the purposes of this 17
section. 18
Explanatory note 19
Item [12] provides for the issuing of penalty notices for certain summary offences under 20
the Act and regulations. 21
[13] Schedule 3 Savings and transitional provisions 22
Insert after clause 1 (1) (e): 23
(f) the Firearms Amendment Act 2008. 24
Explanatory note 25
Item [13] enables regulations of a savings and transitional nature to be made as a 26
consequence of the proposed Act. 27
[14] Schedule 3 28
Insert after Part 6: 29
Part 7 Provisions consequent on enactment of 30
Firearms Amendment Act 2008 31
24 Theatrical armourers 32
(1) In this clause: 33
existing permit means a theatrical armourer's permit issued 34
under the Firearms Regulation 2006 and in force immediately 35
before the commencement of this clause. 36
Page 8
Firearms Amendment Bill 2008
Amendment of Firearms Act 1996 Schedule 1
(2) An existing permit is taken to be a firearms dealer licence issued 1
under this Act authorising the licence holder to carry on business 2
as a theatrical armourer. 3
(3) The conditions to which the existing permit was subject are taken 4
to be conditions imposed on the firearms dealer licence 5
concerned. Any such conditions may be varied or revoked in 6
accordance with this Act. 7
(4) Any such licence continues in force, unless it is sooner 8
surrendered or revoked under this Act, for the remainder of the 9
term for which the existing permit was issued. 10
Explanatory note 11
Item [14] converts existing theatrical armourers permits into firearms dealer licences. 12
Page 9
Firearms Amendment Bill 2008
Schedule 2 Amendment of Firearms Regulation 2006
Schedule 2 Amendment of Firearms Regulation 2006 1
(Section 4) 2
[1] Clause 16 Requirement to notify Commissioner of address where 3
firearms are kept 4
Insert after clause 16 (1): 5
(1A) Subclause (1) does not apply if the licence or permit holder has 6
already provided the information referred to in that subclause to 7
the Commissioner in connection with the application for the 8
permit to acquire the firearm concerned. 9
Explanatory note 10
Item [1] provides that the current requirement to notify the Commissioner, when 11
acquiring a firearm, of the address where the firearm is to be kept when not being used 12
and the arrangements for the safe keeping and storage of the firearm does not apply if 13
that information has already been provided to the Commissioner. 14
[2] Clause 17 Renewal of licence or permit 15
Insert at the end of the clause: 16
(2) At least 60 days before the date on which a licence or permit is 17
due to expire, the Commissioner is to notify the licence or permit 18
holder in writing that the licence or permit is due to expire on the 19
date specified in the notice. 20
Explanatory note 21
Item [2] requires the Commissioner to notify licence and permit holders of the date on 22
which the licence or permit is due to expire. 23
[3] Clause 29 Recreational hunting/vermin control--persons who are 24
members of approved hunting clubs 25
Insert ", but only if membership of the club is the sole ground on which the 26
licensee has established that genuine reason" after "comply with clause 27
96 (1) (c)" in clause 29 (1). 28
Explanatory note 29
Item [3] makes it clear that the requirement for a member of an approved hunting club 30
to participate in the club's events only applies if the member relies on the club 31
membership as the sole ground for establishing the genuine reason of recreational 32
hunting/vermin control. 33
[4] Clause 31 Practising at approved ranges 34
Omit clause 31 (3). Insert instead: 35
(3) It is a condition of the approval of a shooting range under Part 8 36
that the holder of a shooting range approval is to ensure that any 37
person using the shooting range under this clause is supervised 38
Page 10
Firearms Amendment Bill 2008
Amendment of Firearms Regulation 2006 Schedule 2
while doing so by a person appointed by the holder of the 1
approval. 2
Explanatory note 3
Item [4] removes the requirement for the holder of the approval of a shooting range to 4
record details of the non-target shooters (eg recreational hunters) who use the range 5
for practising or for the sighting in firearms. 6
[5] Clause 35A 7
Insert after clause 35: 8
35A Theatrical armourers 9
(1) In addition to the authority conferred under the Act, a firearms 10
dealer licence issued to a theatrical armourer authorises: 11
(a) the licensee and any authorised employee of the licensee to 12
instruct and supervise actors and other persons involved in 13
a film, television or theatrical production in the possession 14
and use of firearms for the purposes of the production, and 15
(b) the actors and other persons involved in the production to 16
possess and use the firearms, but only while under the 17
supervision and control of the licensee or authorised 18
employee of the licensee. 19
(2) A firearms dealer licence issued to a theatrical armourer is 20
subject to the following conditions: 21
(a) any firearm used in the production must be maintained in 22
a safe working condition, 23
(b) the licensee must comply with any requirements 24
determined by the Commissioner in relation to the safe 25
keeping of firearms that the licensee is authorised to 26
possess, 27
(c) the licensee must ensure that any employee who is 28
authorised by the Commissioner to possess or use firearms 29
under the licence is properly trained in the safe handling of 30
firearms and is suitably qualified to carry out the functions 31
of a theatrical armourer. 32
(3) The licensee must, while acting under the authority conferred by 33
subclause (1): 34
(a) keep in the approved form a register in which particulars 35
of the following matters are kept: 36
(i) the types, and registration numbers, of firearms 37
authorised under the licence, 38
Page 11
Firearms Amendment Bill 2008
Schedule 2 Amendment of Firearms Regulation 2006
(ii)the name of each person authorised to possess and 1
use any such firearm, and the periods for which each 2
such person had possession or use of the firearm, 3
(iii) the periods for which any firearm was removed 4
from safe storage, and 5
(b) ensure that the register is kept in a place of safe keeping 6
(not being a place in which any firearms are kept), and 7
(c) ensure that each entry that is made in the register is 8
maintained for not less than 3 years after it is made, and 9
(d) if requested to do so by a police officer at any time, 10
immediately produce the register to the officer and allow 11
the officer to inspect, and make copies of any entry 12
contained in, the register. 13
Maximum penalty: 50 penalty units. 14
Explanatory note 15
Item [5] provides that the authority conferred by a firearms dealer licence issued to a 16
theatrical armourer extends, as is the case at present under a theatrical armourer's 17
permit, to the use of firearms by the actors and other persons involved in the film, 18
television or theatrical production concerned. The proposed clause also replicates 19
certain requirements and conditions that currently apply in relation to a theatrical 20
armourer's permit under clause 53 of the Regulation. 21
[6] Clause 50 Permit authorising possession of firearm as heirloom 22
Omit clause 50 (2) (b). Insert instead: 23
(b) has been rendered temporarily inoperable: 24
(i) by removing the bolt or firing mechanism and 25
keeping it separate from the firearm in a locked 26
container that is of an approved type, or 27
(ii) by the use of a trigger lock of an approved type. 28
Explanatory note 29
At present, a firearm must be rendered permanently inoperable before a permit may be 30
issued authorising the firearm to be kept as an heirloom. Item [6] will require the firearm 31
to be rendered temporarily inoperable in the same manner as applies to firearms that 32
are kept under the authority of a firearms museum permit. 33
[7] Clause 50 (6) 34
Omit the subclause. 35
Explanatory note 36
Item [7] removes the restriction that prevents an heirloom permit being issued to a 37
person if the person already has such a permit. 38
Page 12
Firearms Amendment Bill 2008
Amendment of Firearms Regulation 2006 Schedule 2
[8] Clause 52 Permit for firearms used in film, television or theatrical 1
production 2
Omit "the holder of a theatrical armourer's permit" wherever occurring from 3
clause 52 (5) (b) and paragraph (b) of the note at the end of the clause. 4
Insert instead "a licensed theatrical armourer". 5
[9] Clause 53 Theatrical armourer's permit 6
Omit the clause. 7
Explanatory note 8
Items [8] and [9] are consequential on the amendments made by Schedule 1 relating 9
to theatrical armourers being licensed as firearm dealers. 10
[10] Clause 61 Permit for non-prohibited firearms used in historical 11
re-enactments 12
Omit clause 61 (2). Insert instead: 13
(2) A historical re-enactment organiser's permit also authorises any 14
person who is the holder of a licence to use any firearm: 15
(a) that is not a prohibited firearm, and 16
(b) that the person is authorised to possess or use under a 17
licence, 18
for the purposes of participating in any historical re-enactment 19
event conducted under the authority of a historical re-enactment 20
organiser's permit. 21
Explanatory note 22
Item [10] provides that the authority conferred by a historical re-enactment organiser's 23
permit extends to those persons who are participating in the historical re-enactment to 24
which the permit relates. As a consequence of the amendment, the participants in the 25
authorised event will no longer need to hold a separate historical re-enactment 26
participant's permit. Such participants are already required to have a licence to use the 27
firearms concerned and this requirement will remain. 28
[11] Clause 61 (3) (b) 29
Omit the paragraph. 30
Explanatory note 31
Item [11] removes the requirement that the applicant for a historical re-enactment 32
organiser's permit must provide the Commissioner with details of each licensee who 33
will be participating in the event to which the application relates. 34
Page 13
Firearms Amendment Bill 2008
Schedule 2 Amendment of Firearms Regulation 2006
[12] Clause 61 (3) (c) 1
Insert "kinds of" before "firearms". 2
Explanatory note 3
Item [12] provides that the applicant for a historical re-enactment organiser's permit 4
must provide the Commissioner with details of the kinds of firearms to be used in the 5
event rather than the details of each firearm to be used. 6
[13] Clause 61 (5) and (6) 7
Omit "A permit under this clause" wherever occurring. 8
Insert instead "A historical re-enactment organiser's permit". 9
[14] Clause 61 (7) 10
Omit the subclause. 11
Explanatory note 12
Items [13] and [14] are consequential on the amendment made by item [10]. 13
[15] Clause 65 Arms fair permits 14
Omit clause 65 (2). Insert instead: 15
(2) An arms fair permit also authorises any person who is a licensed 16
firearms dealer or the holder of a firearms collector licence or an 17
ammunition collector permit to participate in an arms fair that is 18
the subject of an arms fair permit. 19
(2A) The authority conferred by a firearms dealer licence extends, to 20
the extent that the licensee is participating in an arms fair that is 21
the subject of an arms fair permit, to the sale by the licensee at the 22
arms fair of any firearms or firearm parts to which the licence 23
applies, or any ammunition for those firearms, but only if the sale 24
is conducted in accordance with the Act. 25
Explanatory note 26
Item [15] provides that the authority conferred by an arms fair permit extends to those 27
persons (such as firearms dealers) who are participating in the arms fair to which the 28
permit relates. As a consequence of the amendment, the participants in an authorised 29
arms fair will no longer need to hold a separate arms fair participant's permit. 30
[16] Clause 65 (5)-(7) and (9) 31
Omit the subclauses. 32
[17] Clause 65 (8) 33
Omit "A permit under this clause". Insert instead "An arms fair permit". 34
Explanatory note 35
Items [16] and [17] are consequential on the amendment made by item [15]. 36
Page 14
Firearms Amendment Bill 2008
Amendment of Firearms Regulation 2006 Schedule 2
[18] Clause 70 Permit for large calibre pistols used in specialised shooting 1
competitions 2
Omit clause 70 (2). Insert instead: 3
(2) The Commissioner may, on application by a person: 4
(a) who holds a category H (sport/target shooting) licence 5
(other than a probationary pistol licence), or 6
(b) who holds a minor's target pistol permit and who: 7
(i) has held the permit for a period of at least 12 8
months, and 9
(ii) is a current member of a pistol club approved under 10
Part 9, 11
issue a permit authorising the person to possess and use a pistol 12
to which this clause applies for the purposes only of participating 13
in a specialised shooting competition. 14
[19] Clause 70 (3) 15
Omit "in respect of which the person's genuine reason for having the category 16
H (sport/target shooting) licence has been established". 17
Insert instead "of which the person is a member". 18
Explanatory note 19
Item [18] will allow minors who are members of approved pistol shooting clubs and who 20
have held a minor's target pistol permit under the Act for at least 12 months to apply 21
for, and be issued with, a permit authorising the use of a large calibre pistol in 22
specialised shooting competitions. Item [19] makes a consequential amendment. 23
[20] Clause 88 Special conditions relating to shooting ranges 24
Omit clause 88 (a). Insert instead: 25
(a) section 6B of the Act applies in relation to the person, or 26
Explanatory note 27
Item [20] is consequential on the insertion of proposed section 6B into the Firearms Act 28
1996 (see Schedule 1 [3]). 29
[21] Clause 92 Revocation of approval of club 30
Omit clause 92 (2) (d) and (e). 31
Explanatory note 32
Item [21] provides that the failure by an approved firearms club to disqualify any 33
member who has been convicted of a firearms offence (and who is therefore not 34
authorised to possess or use a firearm) is no longer a specific ground on which the 35
Commissioner may revoke the approval of the club. However, it will remain an offence 36
for a range official (or any other licensed person) to permit an unauthorised person to 37
possess or use a firearm (see section 19 (2) (b) of the Act and Part 8 of the Regulation). 38
Page 15
Firearms Amendment Bill 2008
Schedule 2 Amendment of Firearms Regulation 2006
[22] Clause 96 Participation requirements for club members 1
Insert ", but only if the licence is issued for the genuine reason of recreational 2
hunting/vermin control and the person's membership of the club is the sole 3
ground on which that genuine reason is established" after "training" in clause 4
96 (1) (c). 5
Explanatory note 6
Item [22] makes it clear that the requirement for a member of an approved hunting club 7
to participate in the club's events only applies if the member relies on the club 8
membership as the sole ground for establishing the genuine reason of recreational 9
hunting/vermin control. 10
[23] Clause 99 Fees 11
Insert "or (h1)" after "(h)" in clause 99 (1) (g). 12
[24] Clause 99 (1) (h1) 13
Insert after clause 99 (1) (h): 14
(h1) application fee for an initial or subsequent firearms 15
dealer's licence to be held by a theatrical armourer--$500, 16
[25] Clause 99 (1) (j) 17
Omit the paragraph. 18
Explanatory note 19
Items [23]-[25] are consequential on the amendments made by Schedule 1 relating to 20
theatrical armourers being licensed as firearms dealers. 21
[26] Clause 103A 22
Insert after clause 103: 23
103A Removal of information from Register 24
(1) The Commissioner must, at the request of the person in whose 25
name a firearm is registered, remove from the Register any 26
information relating to the firearm if the firearm is not required to 27
be registered. 28
(2) No costs are payable by the person making any such request. 29
Explanatory note 30
Item [26] requires the removal from the Firearms Register of any information relating to 31
a firearm that is not required to be registered. 32
Page 16
Firearms Amendment Bill 2008
Amendment of Firearms Regulation 2006 Schedule 2
[27] Clause 110 1
Omit the clause. Insert instead: 2
110 Requirements relating to exemption for unlicensed persons 3
shooting on approved ranges and for persons undertaking 4
firearms safety training courses 5
(1) The purpose of this clause is to prescribe requirements relating to 6
the exemption under section 6B of the Act of persons from the 7
requirement to be authorised by a licence or permit to possess or 8
use a firearm. 9
(2) It is a condition of the approval under clause 87 of a shooting 10
range that a club or range official must ensure that each person 11
who, in accordance with section 6B (1) (a) of the Act, possesses 12
or uses a firearm at the shooting range but who is not authorised 13
by a licence or permit to do so completes and signs a form 14
containing the following questions before the person uses any 15
firearm at the shooting range: 16
(a) Have you, in New South Wales or elsewhere: 17
(i) been refused or prohibited from holding a firearms 18
licence or permit or had a firearms licence or permit 19
suspended, cancelled or revoked? 20
(ii) been the subject of a firearms prohibition order? 21
(iii) within the last 10 years, been convicted of an 22
offence involving firearms, weapons, prohibited 23
drugs, robbery, violence or terrorism? 24
(iv) within the last 10 years, been convicted of an 25
offence of a sexual nature? 26
(v) within the last 10 years, been the subject of a family 27
law or domestic violence order or an apprehended 28
violence order (other than an order that was 29
revoked)? 30
(b) Are you currently, in New South Wales or elsewhere: 31
(i) subject to a good behaviour bond? 32
(ii) subject to an interim apprehended violence order? 33
(iii) suffering from any mental illness or other disorder 34
that may prevent you from using a firearm safely? 35
(3) It is a condition of the approval under clause 122 (4) of a person 36
to be an instructor for a firearms safety training course that the 37
person must ensure that each person who, in accordance with 38
section 6B (1) (b) of the Act, possesses or uses a firearm while 39
participating in the course but who is not authorised by a licence 40
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Firearms Amendment Bill 2008
Schedule 2 Amendment of Firearms Regulation 2006
or permit to do so, completes and signs a form containing the 1
questions set out in subclause (2) before the person uses any 2
firearm as part of the course. 3
(4) It is a condition of any such approval referred to in subclause (2) 4
or (3) that the club or range official, or the instructor, as the case 5
requires, must: 6
(a) prevent a person from possessing or using a firearm at the 7
shooting range, or as part of the course, if the person has 8
answered "Yes" to any of the questions set out in subclause 9
(2), and 10
(b) record the name, address and date of birth of each person 11
who possesses or uses a firearm at the shooting range, or 12
as part of the course, in accordance with section 6B of the 13
Act, and 14
(c) make available for inspection, by the Firearms Registry of 15
the NSW Police Force, any record made under paragraph 16
(b) and any completed and signed forms under subclause 17
(2) or (3). 18
(5) The record under subclause (4) (b) must also include details of 19
the photo identification of the person concerned or, if the person 20
is a minor, details of the photo identification of a parent or 21
guardian of the minor and a copy of the parent's or guardian's 22
written consent to the minor possessing or using the firearm. 23
(6) In this clause: 24
club or range official means: 25
(a) in the case of a club within the meaning of Part 9--a 26
member of the club who has been authorised for the 27
purposes of this clause by the secretary or other relevant 28
office holder of the club, or 29
(b) in the case of a shooting range--a person authorised for the 30
purposes of this clause by the holder of the approval of the 31
range under Part 8. 32
Explanatory note 33
Item [27] modifies the requirements that apply in relation to the current exemptions 34
under the Regulation for unlicensed persons shooting on ranges and person who are 35
undertaking approved firearms safety training courses. These exemptions are being 36
transferred to the Act (see Schedule 1 [3]). The requirements are similar to those that 37
apply in relation to open day participants under clause 66 of the Regulation. 38
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Firearms Amendment Bill 2008
Amendment of Firearms Regulation 2006 Schedule 2
[28] Clauses 111 and 112 1
Omit the clauses. 2
Explanatory note 3
Item [28] is consequential on the insertion of proposed section 6B into the Firearms Act 4
1996 (see Schedule 1 [3]). 5
[29] Clause 117 Temporary licensing and registration amnesty for certain 6
percussion lock pistols manufactured before 1900 7
Omit the clause. 8
Explanatory note 9
Item [29] is consequential on the insertion of proposed section 6A into the Firearms Act 10
1996 (see Schedule 1 [3]). 11
[30] Clause 123 12
Omit the clause. Insert instead: 13
123 Advertising sale of firearms 14
For the purposes of section 54 (b) of the Act, the licence or permit 15
number of the person selling the firearm is prescribed. 16
Explanatory note 17
Item [30] removes the requirement to include the name and address of a firearms 18
dealer in advertisements for the sale of a firearm. 19
[31] Clause 127 Inspections of certain firearms 20
Omit clause 127 (3). 21
Explanatory note 22
Item [31] will require notices of inspection to be served on individual club members 23
rather than the current arrangement which provides that a club member is taken to 24
have been served with a notice of inspection if the secretary or relevant office holder of 25
the club has been served with the notice. 26
Page 19
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