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Queensland
WEAPONS AMENDMENT
BILL 1996
Queensland
WEAPONS AMENDMENT BILL 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF WEAPONS ACT 1990
3 Act amended in pt 2 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 2 (Application of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2A Principles and object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2B How object is to be achieved for firearms . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Insertion of new ss 3A-3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3A Meaning of "heirloom firearm" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3B How a firearm is made "permanently inoperable" . . . . . . . . . . . . . . 13
3C How a firearm is made "temporarily inoperable" . . . . . . . . . . . . . . . 13
8 Replacement of pt 2 (Licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 2--LICENCES
4 Issue, renewal, endorsement and alteration of licences . . . . . . . . . . 13
5 Limitations on issue of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Genuine reasons for possession of a weapon . . . . . . . . . . . . . . . . . . . 16
7 Licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8 Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Inquiries into application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Authorised officer decides application . . . . . . . . . . . . . . . . . . . . . . . . 19
11 Issue of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2
Weapons Amendment
12 Uses permitted under licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
13 Renewal of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
14 Notice of rejection of application to issue or renew licence . . . . . . 21
15 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
16 Certain licences transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
17 Reporting loss, destruction or theft of licence . . . . . . . . . . . . . . . . . . 22
18 Replacement licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
19 Change in licensee's circumstances . . . . . . . . . . . . . . . . . . . . . . . . . 23
20 Authorised officer may amend licence conditions . . . . . . . . . . . . . . 24
21 Change of approved place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
22 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
23 Suspension of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
24 Revocation of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
24A Suspension or revocation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
24B Licensee's representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
24C Temporary recognition of interstate licences for particular
purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
24D Interstate residents moving to Queensland . . . . . . . . . . . . . . . . . . . . 28
24E Contravention of licence condition . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 2A--ACQUISITION AND SALE OF WEAPONS AND
AMMUNITION
Division 1--Acquisition and sale of weapons and ammunition
24F Acquisition of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
24G Sale of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
24H Sale or supply of ammunition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
24I Buying or obtaining ammunition . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
24J Advertising sale of firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2--Permits to acquire
24K Issue etc. of permits to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
24L Limitations on issue of permits to acquire . . . . . . . . . . . . . . . . . . . . . 33
24M Application for permit to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
24N Inquiries into application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
24O Authorised officer decides application . . . . . . . . . . . . . . . . . . . . . . . . 37
3
Weapons Amendment
24P Issue of permit to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
24Q Notice of rejection of application for permit to acquire . . . . . . . . . . 38
24R Term of permit to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
24S Reporting loss, destruction or theft of permit to acquire . . . . . . . . . 38
24T Replacement permit to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
24U Surrender of permit to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 3--Firearms register
24V Commissioner to maintain firearms register . . . . . . . . . . . . . . . . . . . 39
9 Replacement of s 25 (Possession of weapons) . . . . . . . . . . . . . . . . . . . . . . . 40
25 Possession of weapons or ammunition . . . . . . . . . . . . . . . . . . . . . . . . 40
10 Replacement of ss 34 and 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
34 Secure storage of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
35 Shortening firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
35A Modifying construction or action of firearms . . . . . . . . . . . . . . . . . . . 41
35B Altering identification marks of weapons . . . . . . . . . . . . . . . . . . . . . 42
11 Omission of s 37 (Supply of weapons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
12 Replacement of s 39 (Dispatch of weapons) . . . . . . . . . . . . . . . . . . . . . . . . . 42
39 Dispatch of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
13 Omission of s 40 (Notification and recording of particulars of
acquisition before possession) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
14 Replacement of s 45 (Dealer to keep register) . . . . . . . . . . . . . . . . . . . . . . . 42
45 Licensed dealers and armourers to keep register . . . . . . . . . . . . . . . 43
15 Replacement of ss 48 and 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
48 Licensed dealer or armourer taken to be in unlawful possession . . . 43
16 Insertion of new ss 50A-50C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
50A Collector's licence (ammunition) . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
50B Collector's licence (heirloom) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
50C Collector's licence (weapons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
17 Replacement of ss 54-57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
54 Collectors to keep register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
18 Omission of ss 59 and 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
19 Replacement of ss 62 and 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
62 Licensed collector taken to be in unlawful possession . . . . . . . . . . . 46
4
Weapons Amendment
20 Replacement of s 97 (Theatrical ordnance supplier to keep register) . . . . 46
97 Theatrical ordnance supplier to keep register . . . . . . . . . . . . . . . . . . 46
21 Insertion of new s 101A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
101A Licensed theatrical ordnance supplier taken to be in
unlawful possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
22 Replacement of s 112 (Power to demand production of licence etc.) . . . . 47
112 Power to demand production of licence etc. . . . . . . . . . . . . . . . . . . . 47
23 Insertion of new ss 129A-129D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
129A Advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
129B Disclosure by doctors and psychologists of certain information . . . 48
129C Approved officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
129D Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
24 Amendment of s 137 (Proceedings for offences) . . . . . . . . . . . . . . . . . . . . . 49
25 Amendment of s 139 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 50
26 Insertion of new s 143A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
143A Landowner incurs no liability merely because permission given . . 50
27 Insertion of new s 144A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
144A Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
28 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 7--SAVINGS AND TRANSITIONAL PROVISIONS
148 Definitions for pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
149 Existing licences continue during amnesty . . . . . . . . . . . . . . . . . . . . 51
150 Existing approvals, authorities and permits . . . . . . . . . . . . . . . . . . . . 52
151 Some licensees taken to have adequate knowledge of
safety practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
152 Existing applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
153 Existing appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
154 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
155 Expiry of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
156 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 53
29 Replacement of schs 1-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
SCHEDULE 1
30 Amendment of sch 4 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 57
5
Weapons Amendment
PART 3--AMENDMENT OF WEAPONS AMENDMENT ACT
1994
31 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
32 Amendment of s 6 (Amendment of s.1.6 (Interpretation)) . . . . . . . . . . . . . . 59
33 Amendment of s 12 (Replacement of part 3, division 4
(Approved clubs)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
34 Amendment of s 17 (Replacement of part 3, division 7 (Security
guards)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
3.60 Armed security guard must be licensed . . . . . . . . . . . . . . . . . . . . . . . 60
3.67 Inspection by police officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
PART 4--OTHER AMENDMENTS
35 Act amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 62
MINOR AMENDMENTS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 65
OTHER AMENDMENTS
AMENDMENT OF LAW COURTS AND STATE BUILDINGS
PROTECTIVE SECURITY ACT 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
1996
A BILL
FOR
An Act to amend the Weapons Act 1990, and for related purposes
s1 8 s5
Weapons Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Weapons Amendment Act 1996. 4
5
Commencement
Clause 2.(1) This Act commences on a day to be fixed by proclamation. 6
(2) The uncommenced provisions of the Weapons Amendment Act 1994 7
commence, by force of this subsection, on the day part 2 of this Act 8
commences. 9
PART 2--AMENDMENT OF WEAPONS ACT 1990 10
amended in pt 2 and sch 1 11
Act
Clause 3. This part and schedule 1 amend the Weapons Act 1990. 12
of s 2 (Application of Act) 13
Amendment
Clause 4. Section 2-- 14
insert-- 15
`(ca) who is an officer of the Australian Protective Service under the 16
Australian Protective Service Act 1987 (Cwlth) in relation to the 17
person's possession or use of a weapon when performing the 18
duties of an officer; or'. 19
of new s 2A 20
Insertion
Clause 5. After section 2-- 21
s6 9 s6
Weapons Amendment
insert-- 1
and object of Act 2
`Principles
`2A.(1) The principles underlying this Act are as follows-- 3
(a) weapon possession and use are subordinate to the need to ensure 4
public and individual safety; 5
(b) public and individual safety is improved by imposing strict 6
controls on the possession of weapons and requiring the safe and 7
secure storage and carriage of weapons. 8
`(2) The object of this Act is to prevent the misuse of weapons. 9
object is to be achieved for firearms 10
`How
`2B. The object of this Act is to be achieved for firearms by-- 11
(a) prohibiting the possession and use of all automatic and 12
self-loading rifles and shotguns except in special circumstances; 13
and 14
(b) establishing an integrated licensing and registration scheme for all 15
firearms; and 16
(c) requiring each person who wishes to possess a firearm under a 17
licence to demonstrate a genuine reason for possessing the 18
firearm; and 19
(d) providing strict requirements that must be satisfied for-- 20
(i) licences authorising possession of firearms; and 21
(ii) the acquisition and sale of firearms; and 22
(e) ensuring that firearms are stored and carried in a safe and secure 23
way.'. 24
of s 3 (Definitions) 25
Amendment
Clause 6.(1) Section 3, definitions "antique firearm", "authorised officer", 26
"collector", "licence", "unloaded" and "weapon"-- 27
omit. 28
(2) Section 3-- 29
s6 10 s6
Weapons Amendment
insert-- 1
` "acquire", a weapon, see section 24F. 2
"antique firearm" means a firearm manufactured before 1900 and not 3
designed to discharge cartridge ammunition. 4
"approved officer" see section 129C. 5
"authorised officer" see section 129D. 6
"blank-fire firearm" means a firearm, or a replica of a firearm, that is 7
incapable of discharging a projectile. 8
"category A" weapon see schedule 1. 9
"category B" weapon see schedule 1. 10
"category C" weapon see schedule 1. 11
"category D" weapon see schedule 1. 12
"category E" weapon see schedule 1. 13
"category H" weapon see schedule 1. 14
"category R" weapon see schedule 1. 15
"collection register" see section 54. 16
"collector" means a person who collects or holds out as being ready to 17
collect, whether on behalf of the collector or another person, a weapon 18
or weapons-- 19
(a) as curiosities or ornaments; or 20
(b) for their commemorative, historic, artistic or investment value or 21
mechanical uniqueness. 22
"commissioned officer" see the Police Service Administration Act 1990, 23
section 1.4.1 24
"domestic violence order" means a domestic violence order under the 25
Domestic Violence (Family Protection) Act 1989, section 3, and 26
includes an interstate order under that Act. 27
1 Section 1.4 provides--
"commissioned officer" means a person who holds a position in the police
service as a commissioned officer.
s6 11 s6
Weapons Amendment
"executive officer" see the Police Service Administration Act 1990, 1
section 1.4.2 2
"firearms register" see section 24V. 3
"genuine reason", for possession of a weapon, see section 6. 4
"heirloom firearm" see section 3A. 5
"identifying particular", of a person, means a fingerprint, palm print or 6
footprint of the person. 7
"landowner" means-- 8
(a) the owner or occupier of rural land; or 9
(b) a person authorised by the owner or occupier to act on the 10
owner's or occupier's behalf in the general management or 11
control of the land. 12
"licence" means a licence issued or renewed under this Act and in force at 13
the material time, and includes a certificate under section 11(2). 14
"occupier", of rural land, means the person entitled to possession of the 15
land. 16
"ordnance register" see section 97. 17
"permanently inoperable" see section 3B. 18
"permit to acquire" means a permit to acquire a weapon under this Act 19
and in force at the material time. 20
"psychologist" see Psychologists Act 1977, section 4.3 21
"range use register" see section 76. 22
"replacementlicence" means a licence issued in replacement of an existing 23
licence under section 18. 24
"rural land" means land other than land situated in any city or town or, in 25
2 Section 1.4 provides--
"executive officer" means a person who holds a position in the police service
as a executive officer.
3 Section 4 provides--
"psychologist" means a person registered as a psychologist under this Act and
whose name, at the material time, remains on the register.
s7 12 s7
Weapons Amendment
the case of a shire, in any township in the shire. 1
"security organisation register" see section 108(1)(a). 2
"State" includes Territory. 3
"temporarily inoperable" see section 3C. 4
"unloaded" firearm, means the firearm contains no ammunition in its 5
breech, chamber, magazine or muzzle. 6
"weapon" means-- 7
(a) a thing mentioned in schedule 1; or 8
(b) another thing prescribed under a regulation; 9
but does not include ammunition, other than ammunition mentioned in 10
schedule 1, category R, or an antique firearm. 11
"weapons register" see section 45(1).'. 12
(3) Section 3, definition "firearm", from `but does not include' to 13
`crossbow.'-- 14
omit, insert-- 15
`(d) a major component part of a firearm; 16
but does not include-- 17
(e) an antique firearm, explosive tool, captive bolt humane killer, 18
spear gun, longbow or crossbow; or 19
(f) a replica of a spear gun, longbow or crossbow.'. 20
of new ss 3A-3C 21
Insertion
Clause 7. In part 1-- 22
insert-- 23
of "heirloom firearm" 24
`Meaning
`3A. An "heirloom firearm" is a firearm, other than a category R 25
weapon, ownership of which has passed to a person by testamentary 26
disposition or the laws of succession. 27
s8 13 s8
Weapons Amendment
a firearm is made "permanently inoperable" 1
`How
`3B. A firearm is made permanently inoperable if the firearm is modified 2
in the way prescribed under a regulation to make it incapable of being 3
discharged. 4
a firearm is made "temporarily inoperable" 5
`How
`3C. A firearm is made temporarily inoperable-- 6
(a) for a firearm designed to allow its bolt, breech block, firing pin or 7
other integral part of the firing mechanism to be removed--if the 8
part is removed and securely stored separately from the firearm; 9
and 10
(b) for another firearm--if the firearm's trigger is secured by a 11
trigger lock and the lock's key is securely stored separately from 12
the firearm.'. 13
of pt 2 (Licences) 14
Replacement
Clause 8. Part 2-- 15
omit, insert-- 16
ART 2--LICENCES 17
`P
renewal, endorsement and alteration of licences 18
`Issue,
`4. A licence may be issued, renewed, endorsed or altered only by an 19
authorised officer. 20
on issue of licence 21
`Limitations
`5.(1) A licence may be issued only to-- 22
(a) an individual under subsection (2); or 23
(b) a body under subsection (3). 24
`(2) A licence may be issued to an individual only if the person-- 25
(a) is-- 26
s8 14 s8
Weapons Amendment
(i) for a licence other than a minor's licence--an adult; or 1
(ii) for a minor's licence--at least 11 years and otherwise within 2
the age group prescribed under a regulation for the licence; 3
and 4
(b) has an adequate knowledge of safety practices for the use, storage 5
and maintenance of the weapon or category of weapon the 6
possession of which is to be authorised by the licence; and 7
(c) has access to secure storage facilities for the weapon or category 8
of weapon or the ammunition possession of which is to be 9
authorised by the licence; and 10
(d) is not prevented under this or another Act or by an order of a 11
Magistrates Court or another court from holding the licence; and 12
(e) is a fit and proper person to hold a licence; and 13
(f) has a reason mentioned in section 6 to possess the weapon or 14
category of weapon. 15
`(3) A licence may be issued to a body, whether incorporated or 16
unincorporated-- 17
(a) for a licence to be issued to an approved shooting club, only if it 18
is endorsed with-- 19
(i) the name of an individual, who is a member of the club's 20
governing body and satisfies the requirements of 21
subsection (2)(a) to (e), as the club's representative in the 22
conduct of its business or affairs; and 23
(ii) the names and addresses of the individuals who are 24
responsible for the safekeeping of the weapons or category 25
of weapons or the ammunition possession of which is to be 26
authorised by the licence when not in use by members of 27
that club; or 28
(b) for a licence to be issued to another body, only if-- 29
(i) the body has a reason mentioned in section 6 to possess a 30
weapon; and 31
(ii) it is endorsed with the name of an individual, who satisfies 32
the requirements of subsection (2)(a) to (e), as the body's 33
s8 15 s8
Weapons Amendment
representative in the conduct of its business or affairs. 1
`(4) For this section, a person has an adequate knowledge of safety 2
practices for the use, storage and maintenance of a weapon or category of 3
weapon only if the person has satisfactorily completed-- 4
(a) an accredited course in safety training for weapons prescribed 5
under a regulation; or 6
(b) if the licence is a security licence (guard) or (instructor)--the 7
training course approved by the commissioner under section 104. 8
`(5) For this section, in deciding whether a person is a fit and proper 9
person to hold a licence an authorised officer must consider, among other 10
things-- 11
(a) the mental and physical fitness of the person; and 12
(b) whether the person is or has been subject to a domestic violence 13
order; and 14
(c) whether the person has stated anything in or in connection with 15
the application for the licence the person knows is false or 16
misleading in a material particular; and 17
(d) the public interest. 18
`(6) However, a person is not a fit and proper person to hold a licence if, 19
in Queensland or elsewhere within the preceding 5 years, the person has 20
been convicted of, or discharged from custody on sentence after the person 21
has been convicted of, any of the following offences-- 22
(a) an offence relating to the misuse of drugs; 23
(b) an offence involving the use or threatened use of violence; 24
(c) an offence involving the use, carriage, discharge or possession of 25
firearms. 26
`(7) A licence enabling the licensee to carry on a business may be issued 27
only if it is endorsed with the place at which the business is to be carried on. 28
`(8) If the business is to be carried on at more than 1 place, a separate 29
application for each place must be made and a separate licence for each 30
place issued. 31
s8 16 s8
Weapons Amendment
reasons for possession of a weapon 1
`Genuine
`6. The following are reasons for possession of a weapon-- 2
(a) sports or target shooting; 3
(b) recreational shooting; 4
(c) an occupational requirement, including an occupational 5
requirement for rural purposes; 6
(d) collection by a collector of firearms; 7
(e) another reason prescribed under a regulation. 8
9
`Licences
`7.(1) Licences are of the following classes-- 10
(a) armourer's licence; 11
(b) blank-fire firearms licence; 12
(c) collector's licence (ammunition), (heirloom) or (weapons); 13
(d) concealable firearms licence; 14
(e) dealer's licence; 15
(f) firearms licence; 16
(g) minor's licence; 17
(h) security licence (organisation), (guard) or (instructor); 18
(i) theatrical ordnance supplier's licence; 19
(j) another licence prescribed under a regulation. 20
`(2) A licence may authorise possession of a particular weapon or a 21
category of weapon and ammunition. 22
`(3) Subsection (2) is subject to sections 50A, 50B and 50C, a regulation 23
or condition. 24
for licence 25
`Application
`8.(1) An application for a licence must be-- 26
s8 17 s8
Weapons Amendment
(a) made in the approved form and state the applicant's reason for 1
wishing to possess a weapon (the "reason"); and 2
(b) made personally, in the way prescribed under a regulation, by-- 3
(i) if the licence is for an individual--the person; or 4
(ii) if the licence is for a body, whether incorporated or 5
unincorporated--an individual nominated by the body for 6
endorsement on the licence as the body's representative in 7
the conduct of its business or affairs; and 8
(c) accompanied by-- 9
(i) the fee prescribed under a regulation; and 10
(ii) proof of identity to the satisfaction of an authorised officer; 11
and 12
(iii) other particulars prescribed under a regulation; and 13
(iv) the other relevant particulars the person to whom the 14
application is made reasonably requires. 15
`(2) If the reason is sports or target shooting, the applicant must provide 16
proof the applicant is a current member of an approved shooting club. 17
`(3) If the reason is recreational shooting, the applicant must produce 18
written permission from a landowner authorising the applicant to shoot on 19
the landowner's rural land. 20
`(4) If the reason is an occupational requirement, the applicant must state 21
why possession of a weapon is necessary in the conduct of the applicant's 22
business or employment. 23
into application 24
`Inquiries
`9.(1) Before the application is decided, an officer in charge of police or 25
authorised officer with whom an application for a licence is lodged may-- 26
(a) make an inquiry or investigation about the applicant or the 27
application; and 28
(b) require the applicant to give the officer further information the 29
officer reasonably needs to be satisfied about the applicant's 30
identity or physical or mental health; and 31
s8 18 s8
Weapons Amendment
(c) inspect the secure storage facilities for the weapon or category of 1
weapon or the ammunition possession of which is to be 2
authorised by the licence; and 3
(d) supply, for this section, information or a document relevant to the 4
applicant's identity to an officer or member of a State or 5
Commonwealth police service; and 6
(e) require the applicant to display an adequate knowledge of the 7
safety practices for the use, storage and maintenance of the 8
weapon or category of weapons the possession of which is to be 9
authorised under the licence; and 10
(f) make a report about the applicant or the application; and 11
(g) make the recommendation about the application the officer thinks 12
appropriate. 13
`(2) If an authorised officer suspects, on reasonable grounds, that the 14
applicant's stated identity is false, the authorised officer may require the 15
applicant to provide an identifying particular to verify the applicant's 16
identity. 17
`(3) The applicant is taken to have withdrawn the application if, within a 18
stated reasonable time, the applicant-- 19
(a) refuses to provide the information reasonably required under 20
subsection (1)(b); or 21
(b) refuses to allow the inspection under subsection (1)(c); or 22
(c) fails to comply with a requirement under subsection (2). 23
`(4) Unless the authorised officer considers that it is currently required 24
for the investigation of an offence, the authorised officer must, after 25
deciding the application-- 26
(a) return to the applicant any identifying particular obtained in the 27
course of inquiries into the application; and 28
(b) destroy any record or copy of the identifying particular. 29
`(5) Information required to be supplied under this section may be used 30
only to decide the application or to investigate or prosecute an offence and 31
must not be disclosed for any other purpose. 32
`(6) In this section-- 33
s8 19 s8
Weapons Amendment
"applicant" includes, for a body, an individual nominated by the body for 1
endorsement on the licence as the body's representative in the conduct 2
of its business or affairs. 3
officer decides application 4
`Authorised
`10.(1) An authorised officer must decide an application for a licence 5
(other than renewal of a licence) as soon as possible after the end of the 6
period prescribed for this section under a regulation. 7
`(2) However, the authorised officer may decide the application within 8
the prescribed period if the applicant is the holder of an existing licence of 9
another class or holds a licence. 10
`(3) In deciding the application, the authorised officer may consider 11
anything at the officer's disposal. 12
`(4) The authorised officer must-- 13
(a) approve the application and issue the licence subject to any 14
conditions the authorised officer may decide, including conditions 15
limiting the use of a weapon; or 16
(b) reject the application. 17
of licence 18
`Issue
`11.(1) A licence must be-- 19
(a) in the approved form; and 20
(b) endorsed with-- 21
(i) the weapon or category of weapon or ammunition the 22
possession of which is authorised by the licence; and 23
(ii) any conditions decided under section 10(4)(a); and 24
(iii) if the licence is an armourer's, collector's or dealer's licence 25
or a security licence (instructor) or (organisation)--the place 26
approved for the secure storage of the weapon or category of 27
weapon or ammunition possession of which is authorised 28
by the licence. 29
`(2) A condition or any other information to be endorsed on a licence 30
s8 20 s8
Weapons Amendment
may be endorsed on the licence, or a certificate issued for the licence, by a 1
word that is given a meaning by a code prescribed under a regulation. 2
`(3) A regulation may prescribe things that must be provided for on the 3
approved form of licence. 4
permitted under licence 5
`Uses
`12.(1) A licence authorises a licensee to use a weapon or category of 6
weapon possession of which is authorised under the licence for any lawful 7
purpose. 8
`(2) If use of a firearm is authorised under another Act, a licensee does 9
not contravene this Act merely because the licensee uses the firearm in the 10
way authorised under the other Act. 11
of licences 12
`Renewal
`13.(1) A licensee may apply for the renewal of the licence within a 13
period of 46 days starting 60 days before the day the licence expires. 14
`(2) An application for renewal of a licence must be-- 15
(a) made in the approved form; and 16
(b) made personally, in the way prescribed under a regulation, by-- 17
(i) for a licence issued to an individual--the licensee; or 18
(ii) for a licence issued to a body, whether incorporated or 19
unincorporated--an individual nominated by the body for 20
endorsement on the licence as the body's representative in 21
the conduct of its business or affairs; and 22
(c) accompanied by the fee prescribed under a regulation. 23
`(3) If an officer in charge of police receives the application, the officer 24
must refer the application to an authorised officer. 25
`(4) An authorised officer must decide the application before the licence 26
expires. 27
`(5) In deciding the application, the authorised officer may consider 28
anything at the officer's disposal. 29
s8 21 s8
Weapons Amendment
`(6) The authorised officer must-- 1
(a) approve the application and renew the licence subject to any 2
conditions the authorised officer may decide; or 3
(b) reject the application. 4
`(7) A licence may be renewed by-- 5
(a) endorsing the existing licence; or 6
(b) cancelling the licence and issuing a fresh licence. 7
of rejection of application to issue or renew licence 8
`Notice
`14.(1) If an authorised officer rejects an application for a licence or 9
renewal of a licence, the authorised officer must give the applicant a notice 10
of rejection in the approved form stating the specific reasons for the 11
rejection. 12
`(2) The notice may be given to the applicant by sending it to the 13
applicant by security post at the address shown on the application. 14
of licence 15
`Term
`15.(1) A licence, other than a replacement licence, remains in force for 16
the term, not more than 5 years, stated on the licence. 17
`(2) A replacement licence remains in force for the unexpired term of the 18
licence which it replaces. 19
`(3) An existing licence stops being in force if a replacement licence is 20
issued instead of the licence. 21
`(4) Also, a licence, including a replacement licence, stops being in force 22
if-- 23
(a) it is suspended, cancelled, revoked or surrendered; or 24
(b) the licensee dies; or 25
(c) for a minor's licence--the licensee turns 18. 26
s8 22 s8
Weapons Amendment
licences transferable 1
`Certain
`16.(1) A licence is transferable only in the circumstances mentioned in 2
this section. 3
`(2) The following licences may be transferred on a sale of a business to 4
which the licence applies-- 5
· armourer's licence 6
· dealer's licence 7
· security licence (organisation) 8
· theatrical ordnance supplier's licence. 9
`(3) The proposed purchaser of the business must apply for the 10
appropriate licence under section 8. 11
`(4) If an authorised officer is satisfied the proposed purchaser is 12
otherwise entitled to be issued with the licence, the authorised officer may 13
approve the transfer of the licence subject to the sale of a business being 14
finalised. 15
`(5) If an authorised officer approves the transfer, the purchaser is taken 16
to be the holder of the licence from the time the sale is finalised until the 17
licence is formally transferred or a fresh licence is issued in the purchaser's 18
name for the balance of the original licence's term. 19
loss, destruction or theft of licence 20
`Reporting
`17. A licensee must report the loss, destruction or theft of the licence to 21
an officer in charge of police immediately after the licensee becomes aware 22
of the loss, destruction or theft. 23
Maximum penalty--10 penalty units. 24
licence 25
`Replacement
`18.(1) This section applies if an authorised officer is satisfied-- 26
(a) a licence is lost, destroyed or stolen; or 27
(b) any writing or endorsement on a licence is illegible and the licence 28
is surrendered to an officer in charge of police. 29
s8 23 s8
Weapons Amendment
`(2) The authorised officer may issue to the licensee a licence (the 1
"replacement licence") instead of the existing licence on-- 2
(a) application by the licensee in the approved form; and 3
(b) payment of the fee prescribed under a regulation. 4
in licensee's circumstances 5
`Change
`19.(1) It is a condition of each licence that a licensee must, within 6
14 days of the happening of an event mentioned in subsection (2) (the 7
"change"), advise an officer in charge of police of the change and deliver 8
the licence to the officer. 9
`(2) The events are-- 10
(a) the licensee's circumstances change from those given by the 11
licensee in support of an application under section 8 or 24M; 12
(b) the licensee is subject to an order, or convicted of an offence, 13
mentioned in section 5(5)(b) or (6); 14
(c) another change in circumstances prescribed under a regulation 15
happens. 16
17
Examples for subsection (2)(a)--
18
1. A licensee changes address.
19
2. A licensee's reason or need for possessing or using a weapon changes.
20
3. There is a change in a licensee's access to secure storage facilities for the
21
licensee's weapon.
22
4. There is a change in a licensee's mental or physical fitness to possess a
23
weapon.
24
5. A landowner revokes permission previously given to the licensee to shoot on
25
the landowner's rural land.
`(3) The officer in charge must advise an authorised officer of the 26
change. 27
`(4) The authorised officer must-- 28
(a) if the change is to a particular on the licence and the authorised 29
officer is satisfied of the correctness of the change--endorse the 30
s8 24 s8
Weapons Amendment
licence with the change; or 1
(b) otherwise--take the appropriate action in relation to the licence. 2
officer may amend licence conditions 3
`Authorised
`20.(1) An authorised officer may amend the conditions of a licence-- 4
(a) on the licensee's application; or 5
(b) on the authorised officer's own initiative. 6
`(2) Before making an amendment under subsection (1)(b), the 7
authorised officer must-- 8
(a) give written notice to the licensee-- 9
(i) of the details of the proposed amendment; and 10
(ii) that the licensee may make written submissions to the 11
authorised officer about the proposed amendment before a 12
stated day, not earlier than 21 days after the notice is given to 13
the licensee; and 14
(b) have regard to submissions made to the authorised officer by the 15
licensee before the stated day. 16
`(3) If an authorised officer decides to amend the conditions of a licence, 17
the authorised officer must give written notice of the amendment to the 18
licensee. 19
`(4) The amendment takes effect-- 20
(a) on the day the written notice of the amendment is given to the 21
licensee; or 22
(b) if a later day is stated in the notice--the stated day. 23
`(5) An authorised officer may refuse to make an amendment under 24
subsection (1)(a) by written notice given to the licensee stating the reasons 25
for the refusal. 26
of approved place 27
`Change
`21.(1) This section applies to an approved place endorsed on a licence 28
s8 25 s8
Weapons Amendment
under section 11(1)(b)(iii)4. 1
`(2) On application by the licensee, an authorised officer may change the 2
approved place to another place if the authorised officer is satisfied the other 3
place fulfils the requirements of this Act. 4
`(3) The authorised officer may endorse the licence with the change. 5
of licence 6
`Surrender
`22.(1) A licensee may surrender the licence by-- 7
(a) giving written notice of surrender; and 8
(b) surrendering the licence. 9
`(2) The notice must be given and the licence surrendered to an 10
authorised officer or officer in charge of police. 11
of licence 12
`Suspension
`23.(1) An authorised officer may, by a suspension notice given to a 13
licensee, suspend the licence if the authorised officer is satisfied that the 14
licensee has been charged with an offence against any law in force in 15
Queensland or elsewhere-- 16
(a) relating to the misuse of drugs; or 17
(b) involving the use or threatened use of violence; or 18
(c) involving the use, carriage, discharge or possession of firearms. 19
`(2) The licence is suspended until-- 20
(a) the proceeding for the charge ends; or 21
(b) the suspension is lifted by an authorised officer. 22
of licence 23
`Revocation
`24.(1) An authorised officer may, by a revocation notice given to a 24
licensee, revoke a licence if the authorised officer is satisfied of any of the 25
4 Section 11 (Issue of licence)
s8 26 s8
Weapons Amendment
following things-- 1
(a) the licence has been obtained through fraud or deception; 2
(b) the licensee has been convicted of an offence against any law in 3
force in Queensland or elsewhere involving the use, carriage, 4
discharge or possession of firearms; 5
(c) the licensee has contravened a condition of the licence; 6
(d) the licensee is no longer a fit or proper person to hold the licence; 7
(e) the licensee no longer has a reason mentioned in section 6 to 8
possess a weapon; 9
(f) for an armourer's licence, dealer's licence or theatrical ordnance 10
supplier's licence-- 11
(i) the licensed armourer, licensed dealer or licensed theatrical 12
ordnance supplier is not in charge of the premises stated in 13
the licence; or 14
(ii) the premises stated in the licence are no longer satisfactory 15
for carrying out the business to which the licence applies; 16
(g) for a collector's licence-- 17
(i) the licensed collector is no longer a genuine collector or is 18
not in charge of the premises where the collector's weapons 19
are usually kept; or 20
(ii) the premises where the collection is usually kept are no 21
longer satisfactory for the safekeeping of weapons. 22
`(2) If a licensee whose licence is revoked under this section holds a 23
permit to acquire, the permit is also revoked. 24
or revocation notice 25
`Suspension
`24A.(1) A suspension or revocation notice must-- 26
(a) be in the approved form; and 27
(b) state the specific reasons for the suspension or revocation of the 28
licence; and 29
(c) direct the licensee to surrender-- 30
s8 27 s8
Weapons Amendment
(i) the licence to a stated police officer at a stated reasonable 1
time and place; and 2
(ii) the weapon held by the licensee under the licence in a way 3
prescribed under subsection (4) or (5) at, or by, a stated 4
reasonable time. 5
`(2) A suspension or revocation notice may have effect immediately only 6
if it, or a copy of it, is given personally to the licensee or a person endorsed 7
on the licence as representing the licensee. 8
`(3) A person who is given a suspension or revocation notice must 9
comply with the directions in the notice. 10
Maximum penalty--20 penalty units or 6 months imprisonment. 11
`(4) A weapon to be surrendered under a suspension or revocation notice 12
may be surrendered by delivering it to any police officer. 13
`(5) A weapon may also be surrendered by-- 14
(a) delivering it to a licensed dealer or other person authorised under 15
this Act to possess the weapon; and 16
(b) obtaining from the person to whom the weapon is delivered a 17
receipt in the approved form for the weapon; and 18
(c) giving the receipt, within the time stated in the notice for the 19
surrender of the weapon, to the police officer mentioned in 20
subsection (1)(c)(i). 21
`(6) An authorised officer may extend the time for compliance with a 22
suspension or revocation notice (the "compliance time") if the person to 23
whom the notice is given applies to the authorised officer for an extension 24
before the end of the compliance time. 25
representative 26
`Licensee's
`24B.(1) This section applies to-- 27
(a) a licensee who holds a licence to enable the licensee to carry on 28
business; and 29
(b) an applicant for a licence to enable the applicant to carry on 30
business under the licence. 31
s8 28 s8
Weapons Amendment
`(2) The licensee or applicant may apply for the licence to be endorsed 1
with the name of a fit and proper individual as the licensee's or applicant's 2
representative in the conduct of its business or affairs at the place stated in 3
the application. 4
`(3) A licensee may apply for the licence to be endorsed with the name of 5
a fit and proper individual instead of another person already endorsed as the 6
licensee's representative under this or another section. 7
`(4) An application under subsection (2) or (3) must be made in the 8
approved form and may be made to a officer in charge of police. 9
`(5) In this section-- 10
"fit and proper individual" means an individual who, if the person 11
applied for a licence, would be a fit and proper person under section 5. 12
recognition of interstate licences for particular purposes 13
`Temporary
`24C.(1) This section applies if a resident of another State who is the 14
holder of a licence entitling the person to possession of a weapon visits 15
Queensland-- 16
(a) to participate in a shooting competition conducted by an approved 17
shooting club or approved by the commissioner; or 18
(b) for another purpose specified under a regulation for this section. 19
`(2) The person's licence is taken to authorise possession and use of the 20
weapon in accordance with this Act-- 21
(a) for the purpose of participating in the competition; or 22
(b) for the other purpose specified under the regulation--if the person 23
complies with any conditions specified in the regulation for the 24
purpose. 25
residents moving to Queensland 26
`Interstate
`24D.(1) This section applies if a resident of another State who is the 27
holder of a licence under the law of the other State authorising possession of 28
a category A, B, C, D or H weapon gives written notice to the 29
commissioner of the person's intention to reside permanently in 30
Queensland. 31
s8 29 s8
Weapons Amendment
`(2) The person's licence is taken to be the corresponding licence under 1
this Act in force for the period mentioned in subsection (3) or until the day 2
the person's application for a licence under this Act is approved or rejected, 3
whichever is the earlier. 4
`(3) The period is-- 5
(a) for a licence authorising possession of a category A or B 6
weapon--3 months; and 7
(b) for a licence authorising possession of a category C, D or H 8
weapon--7 days. 9
`(4) The period mentioned in subsection (3) starts on the day the person 10
notifies the commissioner of the person's intention to reside permanently in 11
Queensland. 12
`(5) If the holder of a licence authorising possession of a category C, D 13
or H weapon notifies the commissioner and makes application for a licence 14
under this Act within the time allowed under subsection (3)(b), the person 15
does not contravene section 25 while the person's application is being 16
decided merely because the 7 day period has passed. 17
`(6) In this section-- 18
"corresponding licence", to a licence held under the law of another State, 19
means-- 20
(a) a licence under this Act declared under a regulation to be a 21
corresponding licence; or 22
(b) if no regulation is made under paragraph (a) or the regulation 23
makes insufficient provision--a licence under this Act that most 24
closely corresponds to the other licence. 25
of licence condition 26
`Contravention
`24E.(1) A licensee must not contravene a condition of the licence. 27
Maximum penalty--60 penalty units or 1 year's imprisonment. 28
`(2) The penalty under subsection (1) may be imposed in addition to 29
revocation of a licence or seizure of a weapon because of the contravention. 30
s8 30 s8
Weapons Amendment
`PART 2A--ACQUISITION AND SALE OF WEAPONS 1
AND AMMUNITION 2
1--Acquisition and sale of weapons and ammunition 3
`Division
of weapons 4
`Acquisition
`24F.(1) A person may acquire a weapon only if-- 5
(a) the person is a licensed dealer; or 6
(b) the person is the holder of a permit to acquire the weapon and 7
acquires the weapon-- 8
(i) from or through a licensed dealer; or 9
(ii) through a police officer in circumstances prescribed under a 10
regulation; or 11
(c) the person acquires the weapon under other lawful authority, 12
justification or excuse. 13
Maximum penalty-- 14
(a) for a category D, H or R weapon--100 penalty units or 2 years 15
imprisonment; and 16
(b) for a category C or E weapon--60 penalty units or 1 year's 17
imprisonment; and 18
(c) for a category A or B weapon--20 penalty units or 6 months 19
imprisonment. 20
21
Example 1--
22
J wishes to sell J's weapon to S. S holds an appropriate licence and a permit to
23
acquire the weapon. J and S agree on the sale price, but the sale may only be
24
completed through a licensed dealer who must provide certain information about the
25
acquisition to an authorised officer under subsection (2) and is entitled to a
26
brokerage fee under subsection (3).
27
Example 2--
28
J wishes to give J's weapon to S. S holds an appropriate licence and a permit to
29
acquire the weapon. The gift of the weapon may only be made through a licensed
30
dealer who must provide certain information about the acquisition to an authorised
31
officer under subsection (2) and is entitled to a brokerage fee under subsection (3).
s8 31 s8
Weapons Amendment
1
Example 3--
2
J sells J's weapon to G, a licensed dealer. G later sells the weapon to S who
3
holds an appropriate licence and a permit to acquire the weapon. G must still
4
provide certain information about the acquisition to an authorised officer under
5
subsection (2), but in this case is not entitled to a brokerage fee.
`(2) If the weapon is acquired from a licensed dealer or the acquisition 6
happens through a licensed dealer or police officer-- 7
(a) the acquirer must give the dealer or police officer a copy of the 8
permit to acquire; and 9
(b) the dealer must give to an authorised officer the copy of the 10
permit to acquire and the information prescribed under a 11
regulation within the time and in the way prescribed under the 12
regulation. 13
Maximum penalty--20 penalty units or 6 months imprisonment. 14
`(3) If the acquisition happens through a licensed dealer, the dealer is 15
entitled to a brokerage fee from the acquirer in the amount prescribed under 16
a regulation. 17
`(4) The dealer is not entitled to any other payment for brokering the 18
acquisition. 19
`(5) If the acquisition happens under other lawful authority, justification 20
or excuse, the acquirer must, unless the acquirer has a reasonable excuse, 21
take immediate action-- 22
(a) to comply with this Act; or 23
(b) to surrender the weapon under section 24A(4) or (5). 24
Maximum penalty for subsection (5)--20 penalty units or 6 months 25
imprisonment. 26
`(6) This section does not apply to the acquisition of a weapon, if the 27
acquisition consists only of a person taking possession of the weapon-- 28
(a) to repair it; or 29
(b) in performing duties as a security guard under a security licence 30
(guard); or 31
(c) under section 28(2), 29, 89 or 98. 32
`(7) In this section-- 33
s8 32 s8
Weapons Amendment
"acquire", a weapon, means purchase, accept or receive or otherwise take 1
possession of the weapon. 2
"purchase" includes obtain under a lease, exchange, hiring or other 3
commercial arrangement. 4
of weapons 5
`Sale
`24G.(1) A person may sell a weapon only if-- 6
(a) the person sells the weapon to a licensed dealer; or 7
(b) the person sells the weapon to another person who is the holder 8
of a permit to acquire the weapon and the sale happens-- 9
(i) through a licensed dealer; or 10
(ii) through a police officer in circumstances prescribed under a 11
regulation; or 12
(c) the person sells the weapon under other lawful authority, 13
justification or excuse. 14
Maximum penalty-- 15
(a) for a category D, H or R weapon--100 penalty units or 2 years 16
imprisonment; and 17
(b) for a category C or E weapon--60 penalty units or 1 year's 18
imprisonment; and 19
(c) for a category A or B weapon--20 penalty units or 6 months 20
imprisonment. 21
`(2) If the sale happens under subsection (1)(c), the person must give to 22
an authorised officer the information prescribed under a regulation in the 23
way and within the time prescribed under the regulation. 24
Maximum penalty--60 penalty units or 1 year's imprisonment. 25
or supply of ammunition 26
`Sale
`24H.(1) A person may sell or supply ammunition only if-- 27
(a) the sale or supply is to a licensee whose licence authorises 28
possession of the ammunition; or 29
s8 33 s8
Weapons Amendment
(b) the sale or supply happens under other lawful authority, 1
justification or excuse. 2
Maximum penalty--60 penalty units. 3
`(2) The amount of ammunition that a person may sell or supply at 4
1 time may be limited under a regulation. 5
or obtaining ammunition 6
`Buying
`24I. A person may buy or obtain ammunition only if-- 7
(a) the person is a licensee whose licence authorises possession of 8
the ammunition; or 9
(b) the ammunition is bought or obtained under other lawful 10
authority, justification or excuse. 11
Maximum penalty--60 penalty units. 12
sale of firearms 13
`Advertising
`24J. If a person advertises the sale of the person's firearm, the person 14
must state in the advertisement the firearm's serial number. 15
Maximum penalty--10 penalty units. 16
`Division 2--Permits to acquire 17
etc. of permits to acquire 18
`Issue
`24K. A permit to acquire may be issued, endorsed or altered only by an 19
authorised officer. 20
on issue of permits to acquire 21
`Limitations
`24L.(1) A permit to acquire a weapon may be issued only to-- 22
(a) an individual under subsection (2); or 23
(b) a body under subsection (3). 24
`(2) A permit to acquire a weapon may be issued to an individual only if 25
s8 34 s8
Weapons Amendment
the person is licensed to possess the weapon and-- 1
(a) is an adult; and 2
(b) is not prevented under this or another Act or an order of a 3
Magistrates Court or another court from holding a licence; and 4
(c) is a fit and proper person to possess a weapon; and 5
(d) for a category B, C, D or H weapon--has a need to possess the 6
weapon; and 7
(e) if the weapon is an heirloom firearm--is the owner of the firearm 8
because of a testamentary disposition or the laws of succession. 9
`(3) A permit to acquire a weapon may be issued to a body, whether 10
incorporated or unincorporated-- 11
(a) for a permit to acquire to be issued to an approved shooting 12
club--only if it is endorsed with the name of an individual 13
member of the club's governing body, who satisfies the 14
requirements of subsection (2)(a) to (c), as the club's 15
representative in the conduct of its business or affairs; and 16
(b) for a permit to acquire to be issued to another body--only if-- 17
(i) the body has a need to possess the weapon for which the 18
permit to acquire is sought; and 19
(ii) it is endorsed with the name of an individual, who satisfies 20
the requirements of subsection (2)(a) to (c), as the body's 21
representative in the conduct of its business or affairs. 22
`(4) For this section, in deciding whether a person is a fit and proper 23
person to possess a weapon an authorised officer must consider, among 24
other things-- 25
(a) the mental and physical fitness of the person; and 26
(b) whether the person is or has been subject to a domestic violence 27
order; and 28
(c) whether the person has stated anything in or in connection with 29
the application for the permit to acquire the person knows is false 30
or misleading in a material particular; and 31
(d) the public interest. 32
s8 35 s8
Weapons Amendment
`(5) However, a person is not a fit and proper person to possess a 1
weapon if, in Queensland or elsewhere within the preceding 5 years, the 2
person has been convicted of, or discharged from custody on sentence after 3
the person has been convicted of, any of the following offences-- 4
(a) an offence relating to the misuse of drugs; 5
(b) an offence involving the use or threatened use of violence; 6
(c) an offence involving the use, carriage, discharge or possession of 7
firearms. 8
`(6) A permit to acquire must-- 9
(a) be issued in the approved form for a single weapon; and 10
(b) state the name of the person from whom the weapon is to be 11
acquired. 12
for permit to acquire 13
`Application
`24M.(1) An application for a permit to acquire must be-- 14
(a) made in the approved form; and 15
(b) made personally, in the way prescribed under a regulation, by-- 16
(i) if the permit is for an individual--the person; or 17
(ii) if the permit is for a body, whether incorporated or 18
unincorporated--the individual endorsed on the body's 19
licence as the body's representative; and 20
(c) accompanied by-- 21
(i) any fee that may be prescribed under a regulation; and 22
(ii) proof of identity to the satisfaction of an authorised officer; 23
and 24
(iii) other particulars prescribed under a regulation; and 25
(iv) the other relevant particulars the person to whom the 26
application is made reasonably requires. 27
`(2) If the application is for a permit to acquire a category B, C, D or H 28
weapon, the applicant must state why the applicant needs the weapon and 29
why the need can not be satisfied in another way. 30
s8 36 s8
Weapons Amendment
`(3) If the application is for a permit to acquire an heirloom firearm, the 1
application must also be accompanied by proof, to the satisfaction of an 2
authorised officer, that the applicant is the owner of the firearm because of a 3
testamentary disposition or the laws of succession. 4
into application 5
`Inquiries
`24N.(1) Before the application is decided, an officer in charge of police 6
or authorised officer with whom an application for a permit to acquire is 7
lodged may-- 8
(a) make an inquiry or investigation about the applicant or the 9
application; and 10
(b) require the applicant to give the officer further information the 11
officer reasonably needs to be satisfied about the applicant's 12
identity or physical or mental health; and 13
(c) inspect the secure storage facilities for the weapon for which the 14
permit to acquire is to be issued; and 15
(d) supply, for this section, information or a document relevant to the 16
applicant's identity to an officer or member of a State or 17
Commonwealth police service; and 18
(e) make a report about the applicant or the application; and 19
(f) make the recommendation about the application the officer thinks 20
appropriate. 21
`(2) If the authorised officer suspects, on reasonable grounds, that the 22
applicant's stated identity is false, the authorised officer may require the 23
applicant to provide an identifying particular to verify the applicant's 24
identity. 25
`(3) The applicant is taken to have withdrawn the application if, within a 26
stated reasonable time, the applicant-- 27
(a) refuses to provide the information reasonably required under 28
subsection (1)(b); or 29
(b) refuses to allow the inspection under subsection (1)(c); or 30
(c) fails to comply with a requirement under subsection (2). 31
`(4) Unless the authorised officer considers that it is currently required 32
s8 37 s8
Weapons Amendment
for the investigation of an offence, the authorised officer must, after 1
deciding the application-- 2
(a) return to the applicant any identifying particular obtained in the 3
course of inquiries into the application; and 4
(b) destroy any record or copy of the identifying particular. 5
`(5) Information required to be supplied under this section may be used 6
only to decide the application or to investigate or prosecute an offence and 7
must not be disclosed for any other purpose. 8
`(6) For this section-- 9
"applicant" includes, for a body, the individual endorsed on the body's 10
licence as the body's representative. 11
officer decides application 12
`Authorised
`24O.(1) An authorised officer must decide an application for a permit to 13
acquire a weapon as soon as possible after the end of any period that may 14
be prescribed for this section under a regulation. 15
`(2) In deciding the application, the authorised officer may consider 16
anything at the officer's disposal. 17
`(3) The authorised officer must consider the following things when 18
deciding whether the applicant has a need to possess the weapon-- 19
(a) whether the applicant's requirements can be adequately met in a 20
way not involving the use of a weapon or by using a weapon of 21
another category or type; 22
(b) whether the applicant possesses other weapons, and in particular 23
other weapons of that category or type; 24
(c) another thing prescribed under a regulation. 25
`(4) To remove any doubt, a collector may have a need for a particular 26
weapon even though the collector already possesses a weapon of the same 27
category or type. 28
`(5) The authorised officer must-- 29
(a) approve the application and issue the permit to acquire subject to 30
s8 38 s8
Weapons Amendment
any conditions the authorised officer may decide; or 1
(b) reject the application. 2
of permit to acquire 3
`Issue
`24P. A permit to acquire must be issued in the approved form. 4
of rejection of application for permit to acquire 5
`Notice
`24Q.(1) If an authorised officer rejects an application for a permit to 6
acquire, the authorised officer must give the applicant a notice of rejection in 7
the approved form stating the specific reasons for the rejection. 8
`(2) The notice may be given to the applicant by sending it to the 9
applicant by security post at the address shown on the application. 10
of permit to acquire 11
`Term
`24R.(1) A permit to acquire remains in force for the term, not more 12
than 3 months, stated on the permit. 13
`(2) A permit to acquire stops being in force if-- 14
(a) it is suspended, cancelled, revoked or surrendered; or 15
(b) the holder of the permit dies. 16
loss, destruction or theft of permit to acquire 17
`Reporting
`24S. A licensee must report the loss, destruction or theft of a permit to 18
acquire to an officer in charge of police immediately after the licensee 19
becomes aware of the loss, destruction or theft. 20
Maximum penalty--10 penalty units. 21
permit to acquire 22
`Replacement
`24T. This section applies if an authorised officer is satisfied-- 23
(a) a permit to acquire is lost, destroyed or stolen; or 24
(b) any writing or endorsement on a permit to acquire is illegible and 25
s8 39 s8
Weapons Amendment
the permit to acquire is surrendered to an officer in charge of 1
police. 2
`(2) The authorised officer may issue to the licensee a replacement permit 3
to acquire instead of the permit to acquire on-- 4
(a) application by the licensee in the approved form; and 5
(b) payment of the fee prescribed under a regulation. 6
of permit to acquire 7
`Surrender
`24U.(1) A licensee may surrender a permit to acquire by-- 8
(a) giving written notice of surrender; and 9
(b) surrendering the permit to acquire. 10
`(2) The notice must be given and the permit to acquire surrendered to an 11
authorised officer or officer in charge of police. 12
`Division 3--Firearms register 13
to maintain firearms register 14
`Commissioner
`24V.(1) The commissioner must establish and maintain a record (the 15
"firearms register") of all firearms in Queensland. 16
`(2) The firearms register must contain the following information for 17
each firearm-- 18
(a) the name and address of the firearm's owner and details of the 19
documents relied on to establish the owner's identity and address; 20
(b) the type, make, calibre, action, magazine capacity and serial 21
number of the firearm; 22
(c) details of the licence authorising possession of the firearm; 23
(d) for firearms acquired after the commencement of the Weapons 24
Amendment Act 1996-- 25
(i) details of any permit to acquire authorising acquisition of the 26
firearm; and 27
s9 40 s9
Weapons Amendment
(ii) the name and address of the person from whom the firearm 1
was acquired and the date it was acquired; 2
(e) the place where the firearm is generally kept; 3
(f) the reason given for possession of the firearm and, if appropriate, 4
the reason why the particular firearm was needed; 5
(g) other information prescribed under a regulation. 6
`(3) The commissioner may make information in the register available to 7
another entity, within or outside the State, only if the commissioner is 8
satisfied to do so would assist in achieving the object of this Act. 9
`(4) A regulation may limit the information the commissioner may make 10
available under subsection (3).'. 11
of s 25 (Possession of weapons) 12
Replacement
Clause 9. Section 25-- 13
omit, insert-- 14
of weapons or ammunition 15
`Possession
`25.(1) A person may possess a weapon or ammunition only-- 16
(a) if the person is authorised to possess the weapon or ammunition 17
under a licence or permit to acquire; or 18
(b) with other lawful authority, justification or excuse. 19
Maximum penalty-- 20
(a) for a category D, H or R weapon (other than 21
ammunition)--100 penalty units or 2 years imprisonment; and 22
(b) for a category C or E weapon--60 penalty units or 1 year's 23
imprisonment; and 24
(c) for a category A or B weapon--20 penalty units or 6 months 25
imprisonment; and 26
(d) for ammunition--20 penalty units or 6 months imprisonment. 27
`(2) A regulation may limit the amount of ammunition a person may 28
possess.'. 29
s 10 41 s 10
Weapons Amendment
of ss 34 and 35 1
Replacement
Clause 10. Sections 34 and 35-- 2
omit, insert-- 3
storage of weapons 4
`Secure
`34. A person who possesses a weapon must securely store the weapon 5
in the way prescribed under a regulation when it is not in the person's 6
physical possession. 7
Maximum penalty--60 penalty units or 1 year's imprisonment. 8
firearms 9
`Shortening
`35. A person must not, without reasonable excuse-- 10
(a) shorten a firearm; or 11
(b) possess a firearm that has been shortened; or 12
(c) acquire or sell a firearm that has been shortened. 13
Maximum penalty--60 penalty units or 1 year's imprisonment. 14
construction or action of firearms 15
`Modifying
`35A.(1) A person must not, without reasonable excuse-- 16
(a) modify the construction or action of a firearm; or 17
(b) possess a firearm the construction or action of which has been 18
modified; or 19
(c) acquire or sell a firearm the construction or action of which has 20
been modified. 21
Maximum penalty--60 penalty units or 1 year's imprisonment. 22
`(2) A person must not, without reasonable excuse, make operable a 23
firearm that is required to be, and has been, made permanently inoperable 24
under this Act. 25
Maximum penalty--60 penalty units or 1 year's imprisonment. 26
s 11 42 s 14
Weapons Amendment
identification marks of weapons 1
`Altering
`35B. A person must not, without reasonable excuse-- 2
(a) deface or alter any identifying serial number or mark on a 3
weapon; or 4
(b) possess a weapon the identifying serial number or mark of which 5
has been defaced or altered; or 6
(c) acquire or sell a weapon the identifying serial number or mark of 7
which has been defaced or altered. 8
Maximum penalty--60 penalty units or 1 year's imprisonment.'. 9
of s 37 (Supply of weapons) 10
Omission
Clause 11. Section 37-- 11
omit. 12
of s 39 (Dispatch of weapons) 13
Replacement
Clause 12. Section 39-- 14
omit, insert-- 15
of weapons 16
`Dispatch
`39. A person may dispatch a weapon to another person only in the way 17
prescribed under a regulation. 18
Maximum penalty--60 penalty units or 1 year's imprisonment.'. 19
of s 40 (Notification and recording of particulars of 20
Omission
acquisition before possession) 21
Clause 13. Section 40-- 22
omit. 23
of s 45 (Dealer to keep register) 24
Replacement
Clause 14. Section 45-- 25
s 15 43 s 15
Weapons Amendment
omit, insert-- 1
dealers and armourers to keep register 2
`Licensed
`45.(1) A licensed dealer or licensed armourer must keep at the premises 3
stated in the licence a weapons register. 4
Maximum penalty--20 penalty units or 6 months imprisonment. 5
`(2) A licensed dealer or licensed armourer must, for each transaction for 6
the receipt, acquisition, sale or transfer of a weapon-- 7
(a) enter immediately in the weapons register the particulars 8
prescribed under a regulation; and 9
(b) if the transaction involves a complete or substantially complete 10
weapon or a major component part of a firearm--within 14 days 11
of the transaction, notify an authorised officer in the approved 12
form. 13
Maximum penalty--20 penalty units or 6 months imprisonment. 14
`(3) A person must not remove a part of the weapons register, unless the 15
person has a reasonable excuse. 16
Maximum penalty--20 penalty units or 6 months imprisonment. 17
`(4) Subsection (3) does not prevent the correction of the weapons 18
register in a way specified under a regulation. 19
`(5) In this section-- 20
"remove" includes make illegible or unintelligible, erase or disguise. 21
"weapons register" means a book in the approved form bound to the 22
satisfaction of an authorised officer.'. 23
of ss 48 and 49 24
Replacement
Clause 15. Sections 48 and 49-- 25
omit, insert-- 26
dealer or armourer taken to be in unlawful possession 27
`Licensed
`48. A licensed dealer or licensed armourer who, without reasonable 28
excuse, possesses a weapon the prescribed particulars of which have not 29
s 16 44 s 16
Weapons Amendment
been entered in the weapons register under section 45 is taken to contravene 1
section 25.'. 2
of new ss 50A-50C 3
Insertion
Clause 16. After section 50-- 4
insert-- 5
licence (ammunition) 6
`Collector's
`50A.(1) A collector's licence (ammunition) authorises the licensee to 7
possess ammunition except ammunition containing high explosive, smoke, 8
or chemical or lachrymatory agents. 9
`(2) The ammunition must be inactive and certified to be inactive by an 10
approved officer, unless the ammunition is of a type specified under a 11
regulation. 12
licence (heirloom) 13
`Collector's
`50B.(1) A collector's licence (heirloom) authorises the licensee to 14
possess a single heirloom firearm or a matched pair or set of heirloom 15
firearms. 16
`(2) However, the licence authorises the licensee to possess an heirloom 17
firearm only if it is made permanently inoperable. 18
`(3) Also, the licence authorises the possession of ammunition for the 19
firearm only if the ammunition is made inactive and certified to be inactive 20
by an approved officer. 21
licence (weapons) 22
`Collector's
`50C.(1) A collector's licence (weapons) authorises the licensee to 23
possess weapons of the category stated in the licence. 24
`(2) However, the licence authorises the licensee to possess-- 25
(a) category D or R weapons only if-- 26
(i) for weapons that are firearms--the weapons are made 27
permanently inoperable; or 28
s 17 45 s 17
Weapons Amendment
(ii) for other weapons--the weapons are inert; and 1
(b) category A, B, C or H weapons that are firearms manufactured 2
after 1900 only if the weapons are made temporarily or 3
permanently inoperable. 4
`(3) Also, the licence authorises the possession of ammunition for a 5
firearm only if the ammunition is made inactive and certified to be inactive 6
by an approved officer.'. 7
of ss 54-57 8
Replacement
Clause 17. Sections 54 to 57-- 9
omit, insert-- 10
to keep register 11
`Collectors
`54.(1) A licensed collector must keep at the premises stated in the 12
licence a collection register. 13
Maximum penalty--20 penalty units or 6 months imprisonment. 14
`(2) A licensed collector must, for each transaction for the receipt, 15
acquisition, sale or transfer of a weapon enter immediately in the collection 16
register the particulars prescribed under a regulation. 17
Maximum penalty--20 penalty units or 6 months imprisonment. 18
`(3) A person must not remove a part of the collections register, unless 19
the person has a reasonable excuse. 20
Maximum penalty--20 penalty units or 6 months imprisonment. 21
`(4) Subsection (3) does not prevent the correction of the collections 22
register in a way specified under a regulation. 23
`(5) In this section-- 24
"collection register" means a book in the approved form bound to the 25
satisfaction of an authorised officer. 26
"remove" includes make illegible or unintelligible, erase or disguise.'. 27
s 18 46 s 20
Weapons Amendment
of ss 59 and 60 1
Omission
Clause 18. Sections 59 and 60-- 2
omit. 3
of ss 62 and 63 4
Replacement
Clause 19. Sections 62 and 63-- 5
omit, insert-- 6
collector taken to be in unlawful possession 7
`Licensed
`62. A licensed collector who, without reasonable excuse, possesses a 8
weapon the prescribed particulars of which have not been entered in the 9
collection register under section 54 is taken to contravene section 25.'. 10
of s 97 (Theatrical ordnance supplier to keep register) 11
Replacement
Clause 20. Section 97-- 12
omit, insert-- 13
ordnance supplier to keep register 14
`Theatrical
`97.(1) A licensed theatrical ordnance supplier must keep at the premises 15
stated in the licence an ordnance register. 16
Maximum penalty--20 penalty units or 6 months imprisonment. 17
`(2) A licensed theatrical ordnance supplier must, for each transaction for 18
the acquisition, sale, rental or transfer of a weapon, enter immediately in the 19
ordnance register the particulars prescribed under a regulation. 20
Maximum penalty--20 penalty units or 6 months imprisonment. 21
`(3) A person must not remove a part of the ordnance register, unless the 22
person has a reasonable excuse. 23
Maximum penalty--20 penalty units or 6 months imprisonment. 24
`(4) Subsection (3) does not prevent the correction of the ordnance 25
register in a way specified under a regulation. 26
`(5) In this section-- 27
"ordnance register" means a book in the approved form bound to the 28
s 21 47 s 22
Weapons Amendment
satisfaction of an authorised officer. 1
"remove" includes make illegible or unintelligible, erase or disguise.'. 2
of new s 101A 3
Insertion
Clause 21. After section 101-- 4
insert-- 5
theatrical ordnance supplier taken to be in unlawful 6
`Licensed
possession 7
`101A. A licensed theatrical ordnance supplier who, without reasonable 8
excuse, possesses a weapon the prescribed particulars of which have not 9
been entered in the ordnance register under section 97 is taken to contravene 10
section 25.'. 11
of s 112 (Power to demand production of licence etc.) 12
Replacement
Clause 22. Section 112-- 13
omit, insert-- 14
to demand production of licence etc. 15
`Power
`112.(1) This section applies if, under this Act, a person is required-- 16
(a) to be the holder of a licence or permit to acquire; or 17
(b) to have the approval of any person; or 18
(c) to keep a register or record. 19
`(2) The person must, if required to do so by a police officer, produce to 20
a police officer for inspection at a stated reasonable place and time (within 21
48 hours) any of the following documents-- 22
(a) the licence or permit to acquire; 23
(b) a certificate or other evidence of approval; 24
(c) the register or record. 25
`(3) A police officer may also require the person to produce for 26
inspection at a stated reasonable place and time (within 48 hours) any 27
weapon still in the person's possession mentioned in any of the documents. 28
s 23 48 s 23
Weapons Amendment
`(4) However, if a person has physical possession of a weapon, a police 1
officer may require the person to produce immediately to the police officer 2
for inspection the weapon and the licence authorising possession of the 3
weapon. 4
`(5) A person must not contravene a requirement under subsection (2), 5
(3) or (4), unless the person has a reasonable excuse. 6
Maximum penalty--20 penalty units or 6 months imprisonment.'. 7
of new ss 129A-129D 8
Insertion
Clause 23. In part 6-- 9
insert-- 10
council 11
`Advisory
`129A.(1) The Minister may constitute an advisory council to advise the 12
Minister in the administration of this Act. 13
`(2) The advisory council is to consist of the members appointed to the 14
council by the Minister. 15
by doctors and psychologists of certain information 16
`Disclosure
`129B.(1) This section applies if a doctor or psychologist is of the 17
opinion that a patient is an unsuitable person to possess a firearm-- 18
(a) because of the patient's mental or physical condition; or 19
(b) because the patient may be a danger to the patient or another 20
person. 21
`(2) The doctor or psychologist may inform the commissioner of his or 22
her opinion and give the commissioner any relevant information about the 23
patient's condition and identity. 24
`(3) This section applies despite any duty of confidentiality owed by the 25
doctor or psychologist to the patient. 26
`(4) The fact that a doctor or psychologist has given an opinion or 27
provided information under this section is not, of itself, sufficient grounds 28
for deciding that a person is not a fit and proper person for section 5 or 24L. 29
s 24 49 s 24
Weapons Amendment
`(5) The giving of an opinion or information by a doctor or psychologist 1
under this section does not give rise to any criminal or civil action or 2
remedy against the doctor or psychologist. 3
officers 4
`Approved
`129C.(1) The commissioner may appoint a police officer or officer of 5
the public service as an approved officer for this Act. 6
`(2) However, a police officer or officer of the public service may be 7
appointed as an approved officer only if, in the commissioner's opinion, the 8
person has the necessary expertise or experience to be an approved officer. 9
officers 10
`Authorised
`129D.(1) For this Act, the following officers are authorised officers-- 11
(a) the commissioner, an executive officer or commissioned officer; 12
(b) a police officer appointed as an authorised officer by the 13
commissioner. 14
`(2) However, a police officer may be appointed as an authorised officer 15
only if, in the commissioner's opinion, the officer has the necessary 16
expertise or experience to be an authorised officer.'. 17
of s 137 (Proceedings for offences) 18
Amendment
Clause 24.(1) Section 137(1)-- 19
omit, insert-- 20
`137.(1) A proceeding for an offence against this Act, other than 21
section 38, may be prosecuted in a summary way under the Justices Act 22
1886. 23
`(1A) The proceeding must be commenced-- 24
(a) within 1 year after the commission of the offence; or 25
(b) within 1 year after the offence comes to the complainant's 26
knowledge, but within 2 years after the commission of the 27
offence.'. 28
s 25 50 s 27
Weapons Amendment
of s 139 (Evidentiary provisions) 1
Amendment
Clause 25.(1) Section 139(1)(b), after `commissioner'-- 2
insert-- 3
`, authorised officer'. 4
(2) Section 139(1)-- 5
insert-- 6
`(da)a document purporting to contain information extracted from the 7
firearms register and signed by an authorised officer is evidence 8
that the information is recorded in the firearms register; and'. 9
(3) Section 139(2)(c)-- 10
insert-- 11
`(v) was ammunition that had or had not been made inactive;'. 12
(4) After section 139(4)(e)-- 13
insert-- 14
`(ea)ammunition;'. 15
of new s 143A 16
Insertion
Clause 26. After section 143-- 17
insert-- 18
incurs no liability merely because permission given 19
`Landowner
`143A. A landowner does not incur any liability merely because the 20
landowner provides a person with written permission to shoot on the 21
landowner's land.'. 22
of new s 144A 23
Insertion
Clause 27. After section 144-- 24
insert-- 25
s 28 51 s 28
Weapons Amendment
1
`Delegations
`144A.(1) The Minister may delegate the Minister's powers under this 2
Act to an appropriately qualified authorised officer. 3
`(2) In this section-- 4
"an appropriately qualified authorised officer", to whom a power under 5
this section may be delegated, means an authorised officer who has the 6
necessary expertise or experience to exercise the power.'. 7
of new pt 7 8
Insertion
Clause 28. After part 6-- 9
insert-- 10
`PART 7--SAVINGS AND TRANSITIONAL 11
PROVISIONS 12
for pt 7 13
`Definitions
`148. In this part-- 14
"amnesty" means the period starting on the commencement and ending on 15
30 September 1997. 16
"commencement" means the commencement of the Weapons Amendment 17
Act 1996, part 2. 18
"existing licence" means a licence in force immediately before the 19
commencement. 20
"former Act" means this Act as in force immediately before the 21
commencement. 22
"new Act" means this Act as in force on the commencement. 23
licences continue during amnesty 24
`Existing
`149.(1) An existing licence continues in force, subject to any limitations 25
and conditions placed on it under the former Act, until the earlier of the 26
following days-- 27
s 28 52 s 28
Weapons Amendment
(a) the day the amnesty ends; 1
(b) the day it is suspended, cancelled, revoked or expires. 2
`(2) A weapon lawfully possessed under an existing licence continues to 3
be lawfully possessed under the licence while the licence remains in force. 4
`(3) A person lawfully in possession of a category C or D weapon under 5
an existing licence must not use the weapon after the commencement. 6
Maximum penalty--60 penalty units of 1 year's imprisonment. 7
`(4) Subsection (3) applies despite section 12(1). 8
approvals, authorities and permits 9
`Existing
`150. An approval, authority or permit in force at the commencement 10
continues in force, subject to any limitations and conditions placed on it 11
under the former Act, after the commencement. 12
licensees taken to have adequate knowledge of safety practices 13
`Some
`151.(1) This section applies to a person who lawfully possesses a 14
firearm under an existing licence and who, on or before 30 September 15
1997, applies for a firearms licence under the new Act. 16
`(2) The person is taken to have an adequate knowledge of safety 17
practices for the use, storage and maintenance of firearms similar to those 18
possessed under the authority of the existing licence. 19
applications 20
`Existing
`152.(1) An application not decided on the commencement is to be 21
decided under the new Act. 22
`(2) If the application does not contain enough information for an 23
authorised officer to make a decision about the application under the new 24
Act, the authorised officer may require the applicant to supply further 25
information to enable the authorised officer to make the decision. 26
`(3) If the applicant fails to provide the information within a stated 27
reasonable time, the applicant is taken to have withdrawn the application. 28
s 28 53 s 28
Weapons Amendment
appeals 1
`Existing
`153. An appeal not decided on the commencement is to be decided as if 2
the Weapons Amendment Act 1996 had not been enacted. 3
4
`Compensation
`154.(1) A person who owns a weapon and, after the commencement, 5
surrenders it to the commissioner is entitled to compensation from the 6
State, but only under this section. 7
`(2) Compensation is payable only for category C or D weapons. 8
`(3) Compensation is payable for category C or D weapons only if they 9
are surrendered on or before the last day of the amnesty. 10
`(4) Compensation for a surrendered category C or D weapon is payable 11
in an amount and in the way prescribed under a regulation. 12
`(5) If a regulation does not provide for the amount of compensation 13
payable for a particular weapon, the regulation may provide for the way in 14
which a dispute about its value is to be decided. 15
`(6) A regulation may also provide for compensation for loss of business 16
in circumstances specified in the regulation. 17
`(7) A weapon surrendered under this section is the State's property 18
when compensation for the weapon is paid under this section. 19
of pt 7 20
`Expiry
`155. This part expires on 30 September 1998. 21
and renumbering of Act 22
`Numbering
`156. In the next reprint of this Act produced under the Reprints Act 23
1992, the provisions of this Act must be numbered and renumbered as 24
permitted by the Reprints Act 1992, section 43.5'. 25
5 Section 43 (Numbering and renumbering of provisions)
s 29 54 s 29
Weapons Amendment
of schs 1-3 1
Replacement
Clause 29. Schedules 1 to 3-- 2
omit, insert-- 3
`SCHEDULE 1 4
`CATEGORIES OF WEAPONS 5
section 3 6
Category A 7
· a miniature cannon under 120 cm in barrel length that is a black 8
powder and muzzle loading cannon, depicting a scale model of an 9
historical artillery piece or naval gun 10
· air rifles 11
· blank-fire firearms at least 75 cm in length 12
· rimfire rifles (other than self-loading rimfire rifles) 13
· single and double barrel shotguns 14
· powerheads 15
Category B 16
· muzzle-loading firearms 17
· single shot centre fire rifles 18
· double barrel centre fire rifles 19
· repeating centre fire rifles 20
· break action shotgun and rifle combinations 21
s 29 55 s 29
Weapons Amendment
Category C 1
· semiautomatic rimfire rifles with a magazine capacity no greater 2
than 10 rounds 3
· semiautomatic shotguns with a magazine capacity no greater than 4
5 rounds 5
· pump action shotguns with a magazine capacity no greater than 6
5 rounds 7
Category D 8
· self-loading centre fire rifles designed or adapted for military 9
purposes or a firearm that substantially duplicates those rifles in 10
design, function or appearance 11
· non-military style self-loading centre fire rifles with either an 12
integral or detachable magazine 13
· self-loading shotguns with either an integral or detachable 14
magazine and pump action shotguns with a capacity of more than 15
5 rounds 16
· self-loading rimfire rifles with a magazine capacity of more than 17
10 rounds 18
Category E 19
· bulletproof vests or protective body vests or body armour 20
designed to prevent the penetration of small arms projectiles 21
· any device constructed or designed as a telescopic baton, not 22
being a toy baton, that if used is capable of causing bodily harm 23
Category H 24
· all firearms, including air pistols and blank-fire firearms, under 25
75 cm in length, other than powerheads 26
· conversion units being any unit or device or barrel that is capable 27
of being used for converting any firearm from one calibre to 28
another calibre 29
s 29 56 s 29
Weapons Amendment
Category R 1
· a machine gun or submachine gun that is fully automatic in its 2
operation and actuated by energy developed when it is being fired 3
or has multiple revolving barrels, and any replica or facsimile of a 4
machine gun or submachine gun that is not a toy 5
· 50 calibre belted machine gun ammunition and any firearm for 6
which the ammunition is suited 7
· any clothing, apparel, accessory or article designed to disguise 8
any weapon or other cutting or piercing instrument capable of 9
causing bodily harm 10
· antipersonnel gases and antipersonnel substances of a corrosive, 11
noxious or irritant nature or that are capable of causing bodily 12
harm, and any weapon capable of discharging the gases or 13
substances by any means 14
· acoustical antipersonnel devices of an intensity that is capable of 15
causing bodily harm 16
· electrical antipersonnel devices of an intensity that is capable of 17
causing bodily harm 18
· hand grenades and antipersonnel mines 19
· rocket launchers, recoilless rifles, antitank rifles, and bazooka or 20
RPG type launchers 21
· any knife so designed or constructed so as to be used as a weapon 22
that while the knife is held in 1 hand, the blade may be released 23
by that hand 24
· any clothing, apparel, adornment or accessory designed for use as 25
a weapon or a cutting or piercing instrument capable of causing 26
bodily harm 27
· mortars and their ammunition, all artillery and their ammunition, 28
any bomb or other explosive or incendiary or inflammable device 29
containing any substance capable of causing bodily harm or 30
damage or injury to property 31
· any crossbow designed to be discharged by the use of 1 hand 32
(that is not a toy pistol crossbow) that when discharged is capable 33
of causing damage or injury to property or capable of causing 34
s 30 57 s 30
Weapons Amendment
bodily harm 1
· a chinese throwing iron that is a hard non-flexible plate having 2
3 or more radiating points with 1 or more sharp edges in the 3
shape of a polygon, trefoil, cross, star, diamond or geometric 4
shape and constructed or designed to be thrown as a weapon 5
· flails or similar devices constructed and designed as a weapon 6
consisting of in part a striking head and which, if used 7
offensively, are capable of causing bodily harm 8
· a device known as a `manrikiguisari' or `kusari', consisting of a 9
length of rope, cord, wire or chain fastened at each end to a 10
geometrically shaped weight or handgrip and constructed or 11
designed for use as a weapon 12
· a device known as a knuckleduster or any device made or adapted 13
for use as a knuckleduster and which, if used offensively against 14
a person, is capable of causing bodily harm 15
· a sap glove 16
· a mace or any similar article (other than a ceremonial mace made 17
for and used solely as a symbol of authority on ceremonial 18
occasions) 19
· any tracer, explosive, incendiary, lachrymatory, plastic coated 20
shedding and armour piercing ammunition excluding-- 21
· remington brand accelerator cartridges and similar 22
cartridges; and 23
· bird-fright shotgun ammunition 24
· a silencer or other device or contrivance made or used, or capable 25
of being used or intended to be used, for reducing the sound 26
caused by discharging a firearm 27
· a laser sight that is a device designed to be attached to a firearm 28
and to project a beam of light onto a target.'. 29
of sch 4 (Subject matter for regulations) 30
Amendment
Clause 30.(1) Schedule 4, before item 1-- 31
insert-- 32
s 31 58 s 31
Weapons Amendment
`Eligibility requirements for licences 1
`1. Eligibility requirements for a licence. 2
`Authorising things under a licence 3
`2. Providing for things a licensee may or may not do under the authority 4
of a licence. 5
`Limiting or prohibiting licensing of particular weapons 6
`3. Limiting or prohibiting licensing of particular weapons or particular 7
categories of weapons. 8
`Limiting or prohibiting use of particular weapons 9
`4. Limiting or prohibiting use of particular weapons or particular 10
categories of weapons. 11
`Secure storage of weapons and ammunition 12
`5. Requirements for the secure storage of weapons and ammunition.'. 13
(2) Schedule 4, items 1 to 5-- 14
renumber as items 6 to 10. 15
ART 3--AMENDMENT OF WEAPONS 16
P
AMENDMENT ACT 1994 17
amended in pt 3 18
Act
Clause 31. This part amends the Weapons Amendment Act 1994. 19
s 32 59 s 34
Weapons Amendment
of s 6 (Amendment of s.1.6 (Interpretation)) 1
Amendment
Clause 32. Section 6(2), proposed definition `security guard's weapons 2
licence'-- 3
omit. 4
of s 12 (Replacement of part 3, division 4 (Approved 5
Amendment
clubs)) 6
Clause 33.(1) Section 12, proposed section 3.39, `with Schedule 2 weapons'-- 7
omit. 8
(2) Section 12, proposed section 3.47(1)-- 9
insert-- 10
`(c) whether the individual is the holder of a licence.'. 11
(3) Section 12, proposed section 3.47(2)(b)-- 12
omit, insert-- 13
`(b) if the person holds or previously held in another State a relevant 14
licence, permit, authority or position--a report from the 15
appropriate authority in the other State.'. 16
(4) Section 12, proposed section 3.48F-- 17
omit. 18
(5) Section 12, proposed section 3.48G(1)(c), `and 3.48F'-- 19
omit. 20
(6) Section 12, proposed section 3.48Q-- 21
omit. 22
of s 17 (Replacement of part 3, division 7 (Security 23
Amendment
guards)) 24
Clause 34.(1) Section 17, proposed section 3.60-- 25
omit, insert-- 26
s 34 60 s 34
Weapons Amendment
security guard must be licensed 1
`Armed
`3.60 A person must not, in performing duties as a security guard, 2
physically possess a weapon unless the person holds a security licence 3
(guard). 4
Maximum penalty--20 penalty units.'. 5
(2) Section 17, proposed section 3.61, `security guard's weapons 6
licence'-- 7
omit, insert-- 8
`security licence (guard)'. 9
(3) Section 17, proposed section 3.63(1), `register book mentioned in 10
section 3.65'-- 11
omit, insert-- 12
`security organisation register'. 13
(4) Section 17, proposed section 3.64(2), `the licence for a security 14
organisation prescribed by regulation'-- 15
omit, insert-- 16
`a security licence (organisation)'. 17
(5) Section 17, proposed section 3.65, `register book'-- 18
omit, insert-- 19
`security organisation register'. 20
(6) Section 17, proposed section 3.65(1)(b) and (c), `register'-- 21
omit, insert-- 22
`security organisation register'. 23
(7) Section 17, proposed section 3.67-- 24
omit, insert-- 25
by police officer 26
`Inspection
`3.67 If a police officer inspects a security organisation's security 27
organisation register, the police officer may endorse the register with the 28
time the inspection was made and any comments about the inspection.'. 29
s 35 61 s 35
Weapons Amendment
PART 4--OTHER AMENDMENTS 1
amended in sch 2 2
Act
Clause 35. Schedule 2 amends the Law Courts and State Buildings Protective 3
Security Act 1983. 4
5
62
Weapons Amendment
CHEDULE 1 1
¡S
INOR AMENDMENTS 2
M
section 3 3
1. Section 26, `schedule 3 weapon'-- 4
omit, insert-- 5
`category A or B weapon'. 6
2. Section 26(2), `schedule 3 weapons'-- 7
omit, insert-- 8
`category A or B weapons'. 9
3. Section 28(1), definition "weapon", `schedule 3'-- 10
omit. 11
4. Section 28(2)(b), `a schedule 3 weapon'-- 12
omit, insert-- 13
`the weapon'. 14
5. Section 32(1), definition "weapon", paragraph (a), `a powerhead'-- 15
omit, insert-- 16
`an antique firearm'. 17
6. Section 38, penalty-- 18
omit, insert-- 19
63
Weapons Amendment
SCHEDULE 1 (continued)
`Maximum penalty-- 1
(a) if the offence relates to a category H or R weapon--20 years 2
imprisonment; 3
(b) if the offence relates to a category A, B, C, D or E weapon or 4
explosives--15 years imprisonment.'. 5
7. Section 41, heading, `non-schedule'-- 6
omit, insert-- 7
`particular'. 8
8. Sections 44 and 96, `17 years'-- 9
omit, insert-- 10
`18 years'. 11
9. Sections 47 and 49, `register'-- 12
omit, insert-- 13
`weapons register'. 14
10. Section 91(2)(a), `17 years'-- 15
omit, insert-- 16
`18 years'. 17
11. Section 93(3)-- 18
omit, insert-- 19
`(3) An application under subsection (1) or (2) may be made to an officer 20
in charge of police.'. 21
64
Weapons Amendment
SCHEDULE 1 (continued)
12. Section 100(1), `register of ordnance'-- 1
omit, insert-- 2
`ordnance register'. 3
13. Section 101, from `in or to the effect' to `schedule 2'-- 4
omit, insert-- 5
`in the approved form to an authorised officer particulars of all'. 6
14. Section 102-- 7
omit. 8
15. Section 119(2)(c), `a powerhead' 9
omit, insert-- 10
`an antique firearm'. 11
16. Section 131(1)(c), `powerhead'-- 12
omit, insert-- 13
`antique firearm'. 14
17. Section 133(1)(a)(iii), `void, cancelled, suspended'-- 15
omit, insert-- 16
`suspended, cancelled, revoked'. 17
18. Section 146, heading-- 18
omit, insert-- 19
`Regulation-making power'. 20
21
65
Weapons Amendment
CHEDULE 2 1
¡S
THER AMENDMENTS 2
O
section 35 3
MENDMENT OF LAW COURTS AND STATE 4
´A
BUILDINGS PROTECTIVE SECURITY ACT 1983 5
Section 22(2)-- 6
omit, insert-- 7
`(2) A firearm, explosive substance or offensive weapon seized under 8
subsection (1) may be disposed of under the Weapons Act 1990, 9
section 130 as if it were a weapon held by or in the custody of a police 10
officer. 11
`(3) Until it is disposed of, it may be held in the way the Minister 12
directs.'. 13
14
© State of Queensland 1996
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