Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Weapons Amendment
Bill 2011
Queensland
Weapons Amendment Bill 2011
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Weapons Act 1990
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 2 (Application of Act) . . . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new s 6C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6C Meaning of public monument . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 10A (Adequate knowledge of weapon) . . . . . . . 8
7 Insertion of new s 10AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10AA Approval of training courses . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 11 (Genuine reasons for possession of a
weapon) ...................................... 9
9 Amendment of s 50A (Possession of unregistered firearms) . . . . 9
10 Amendment of s 51 (Possession of a knife in a public place or
a school) ......................................... 10
11 Amendment of s 56 (Discharge of weapon on private land
without owner's consent prohibited) . . . . . . . . . . . . . . . . . . . . . . . 10
12 Amendment of s 57 (Particular conduct involving a weapon in a
public place prohibited). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Amendment of s 58 (Dangerous conduct with weapon
prohibited generally). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14 Amendment of s 59 (Possession or use of weapon under the
influence of liquor or a drug prohibited) . . . . . . . . . . . . . . . . . . . . 11
15 Amendment of s 61 (Shortening firearms) . . . . . . . . . . . . . . . . . . 12
16 Amendment of s 62 (Modifying construction or action of
firearms) ...................................... 12
17 Amendment of s 63 (Altering identification marks of weapons) . . 12
18 Amendment of s 67 (Possessing and acquiring restricted items). 12
Weapons Amendment Bill 2011
Contents
19 Amendment of s 87 (Authorised officer may grant or refuse
shooting club permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Amendment of s 90 (A representative is required for some
applications) ...................................... 14
21 Amendment of s 100 (Limits on approvals) . . . . . . . . . . . . . . . . . 14
22 Amendment of s 101 (Authorised officer may grant or refuse
range approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Amendment of s 108 (Responsibilities of range operator) . . . . . . 15
24 Amendment of s 110 (Responsibilities of person attending an
approved range) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Amendment of s 115 (Theatrical ordnance suppliers to be
licensed) ...................................... 15
26 Amendment of s 124 (Training courses for security guards) . . . . 16
27 Amendment of s 127 (Obligations of security organisation
in relation to the possession or use of a weapon) . . . . . . . . . . . . 16
28 Insertion of new pt 8, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 4 Transitional provisions for Weapons
Amendment Act 2011
187 Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
188 Declaration concerning Serco during interim period . 17
189 Declaration concerning GEO during interim period . . 17
190 Training courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
191 Amendment of regulations . . . . . . . . . . . . . . . . . . . . . 19
29 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 3 Amendment of Weapons Categories Regulation 1997
30 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Amendment of s 6 (Category E weapons) . . . . . . . . . . . . . . . . . . 21
32 Amendment of s 7A (Category M weapons) . . . . . . . . . . . . . . . . 21
33 Amendment of s 8 (Category R weapons) . . . . . . . . . . . . . . . . . . 23
34 Amendment of s 9 (Restricted items (Act, s 67)) . . . . . . . . . . . . . 23
Part 4 Amendment of Weapons Regulation 1996
35 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
36 Amendment of s 3 (Possession or use of weapon unlawful to
extent another licence is needed to authorise that possession
or use) ....................................... 24
37 Insertion of new s 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3B Requirements for training courses--Act, s 10AA . . . . 24
38 Amendment of s 4 (Additional genuine reasons for possession
of a weapon). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Page 2
Weapons Amendment Bill 2011
Contents
39 Amendment of s 22 (Firearms licence (instructor)) . . . . . . . . . . . 25
40 Amendment of s 25A (Miscellaneous weapons licence) . . . . . . . 25
41 Amendment of s 26 (What dealer's licence authorises) . . . . . . . . 26
42 Amendment of s 47 (Security guard to complete training course
annually--Act, s 124) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
43 Amendment of s 66 (Exemption from provision of Act) . . . . . . . . 26
44 Insertion of new s 68CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
68CA Prohibition on possession of particular
magazines--category B weapons . . . . . . . . . . . . . . . 27
45 Amendment of s 68D (Prohibition on possession of magazine
with more than 10 rounds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
68D Prohibition on possession of particular
magazines--category H weapons'. . . . . . . . . . . . . . . 28
46 Amendment of s 68E (Prohibition on possession of certain
magazines) ....................................... 28
47 Amendment of s 73 (Modifying firearm to make it permanently
inoperable--Act, s 7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
48 Amendment of s 79 (Entities prescribed as government service
entities and functions prescribed for them and their employees
for the Act's non-application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
49 Amendment of sch 1A (Licence conditions) . . . . . . . . . . . . . . . . . 29
50 Replacement of sch 2 (Government service entities and
prescribed functions for them and their employees for the Act's
non-application) ................................ 29
Schedule 2 Government service entities and prescribed
functions for them and their employees for
the Act's non-application
51 Insertion of new sch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Schedule 2A Ways of modifying firearms to make them
permanently incapable of being discharged
52 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 42
Part 5 Consequential and minor amendments of other legislation
53 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Schedule Other minor and consequential amendments . . . . . . . . . . . . 44
Domestic and Family Violence Protection Act 1989. . . . . . . . . . . 44
Explosives Regulation 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Security Providers Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 46
Page 3
2011
A Bill
for
An Act to amend the Weapons Act 1990, the Weapons
Categories Regulation 1997 and the Weapons Regulation 1996
for particular purposes and to make minor or consequential
amendments of the Domestic and Family Violence Protection
Act 1989, the Explosives Regulation 2003, the Security
Providers Act 1993 and the Transport Operations (Passenger
Transport) Act 1994
Weapons Amendment Bill 2011
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Weapons Amendment Act 2011. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Part 2 Amendment of Weapons Act 7
1990 8
Clause 3 Act amended 9
This part amends the Weapons Act 1990. 10
Clause 4 Amendment of s 2 (Application of Act) 11
(1) Section 2(1)(e)-- 12
omit, insert-- 13
`(e) who is a police officer, special constable or trainee 14
member of the Queensland police service, or any other 15
member of the Queensland police service authorised by 16
the commissioner-- 17
(i) in respect of the person's possession or use of a 18
weapon as part of the performance of the person's 19
functions as a member of the Queensland police 20
service; or 21
Page 6
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 5]
(ii) while the person is not on duty as a member of the 1
Queensland police service in relation to the 2
person's possession or use of a weapon, if the 3
person is acting in accordance with the directions 4
of the commissioner in relation to the off-duty 5
possession and use of weapons; or'. 6
(2) Section 2(1)(g), `a training course approved by the 7
commissioner'-- 8
omit, insert-- 9
`an approved training course'. 10
Clause 5 Insertion of new s 6C 11
After section 6B-- 12
insert-- 13
`6C Meaning of public monument 14
`(1) A public monument is a thing that is-- 15
(a) mentioned in the Weapons Categories Regulation 1997, 16
section 8(1)(a), (c), (i) or (j); and 17
(b) permanently incapable of being discharged; and 18
(c) permanently and lawfully displayed in a public place for 19
memorial or commemorative purposes. 20
Examples-- 21
· permanently deactivated WWI artillery permanently displayed in 22
the foyer or grounds, open to the public, of an RSL club 23
· a permanently deactivated Bofors anti-aircraft gun mounted on a 24
concrete platform in a public park 25
`(2) For subsection (1)(c), a thing is permanently displayed only if 26
the thing is displayed in a way that prevents its removal by an 27
unauthorised person. 28
`(3) In this section-- 29
public place includes a place that can be seen from a public 30
place.'. 31
Page 7
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 6]
Clause 6 Amendment of s 10A (Adequate knowledge of weapon) 1
(1) Section 10A(1), from `subsection (2)'-- 2
omit, insert-- 3
`subsection (2) or (3).'. 4
(2) Section 10A(2) and (3)-- 5
omit, insert-- 6
`(2) The person complies with this subsection if the person 7
satisfies the commissioner that the person has completed, 8
within 1 year before the day the person applies for the issue of 9
the new licence-- 10
(a) if the new licence is a security licence (guard)-- 11
(i) an approved safety training course (security 12
guard); or 13
(ii) a course in safety training for weapons conducted 14
in another State that the commissioner is satisfied 15
is at least equivalent to an approved safety training 16
course (security guard); or 17
(b) if the new licence is not a security licence (guard)-- 18
(i) an approved safety training course (general); or 19
(ii) a course in safety training for weapons conducted 20
in another State that the commissioner is satisfied 21
is at least equivalent to an approved safety training 22
course (general).'. 23
(3) Subsection 10A(4)-- 24
renumber as subsection 10A(3). 25
Clause 7 Insertion of new s 10AA 26
After section 10A-- 27
insert-- 28
Page 8
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 8]
`10AA Approval of training courses 1
`(1) The commissioner may approve a course as a safety training 2
course (general) if the commissioner is satisfied the course-- 3
(a) is about the safe use, storage and maintenance of a 4
weapon that is authorised to be possessed under a 5
licence other than a security licence (guard); and 6
(b) complies with the requirements prescribed under a 7
regulation. 8
`(2) The commissioner may approve a course as a safety training 9
course (security guard) if the commissioner is satisfied the 10
course-- 11
(a) is about the safe use, storage and maintenance of either 12
or both of the following-- 13
(i) a weapon that is authorised to be possessed under a 14
security licence (guard); 15
(ii) a restricted item; and 16
(b) complies with the requirements prescribed under a 17
regulation. 18
`(3) The commissioner must notify the approval of a course under 19
subsection (1) or (2) on the QPS website. 20
`(4) Failure to comply with subsection (3) does not affect the 21
validity of the approval.'. 22
Clause 8 Amendment of s 11 (Genuine reasons for possession of a 23
weapon) 24
Section 11(d)-- 25
omit, insert-- 26
`(d) the collection, preservation or study of weapons;'. 27
Clause 9 Amendment of s 50A (Possession of unregistered 28
firearms) 29
Section 50A(1), `60 penalty units'-- 30
Page 9
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 10]
omit, insert-- 1
`120 penalty units'. 2
Clause 10 Amendment of s 51 (Possession of a knife in a public 3
place or a school) 4
(1) Section 51(1), `20 penalty units or 6 months imprisonment'-- 5
omit, insert-- 6
`40 penalty units or 1 year's imprisonment'. 7
(2) Section 51(2)(c), before `exhibiting'-- 8
insert-- 9
`lawfully'. 10
(3) Section 51-- 11
insert-- 12
`(3A) Also, it is a reasonable excuse for subsection (1), to the extent 13
the subsection relates to a public place, to physically possess a 14
knife for genuine religious purposes. 15
Example-- 16
A Sikh may possess, in a public place, a knife known as a kirpan to 17
comply with the person's religious faith. 18
`(3B) However, it is not a reasonable excuse to physically possess a 19
knife in a school for genuine religious purposes.'. 20
(4) Section 51(3A) to (5)-- 21
renumber as section 51(4) to (7). 22
Clause 11 Amendment of s 56 (Discharge of weapon on private land 23
without owner's consent prohibited) 24
(1) Section 56(2), `20 penalty units or 3 months imprisonment'-- 25
omit, insert-- 26
`40 penalty units or 6 months imprisonment'. 27
(2) Section 56(3), `20 penalty units'-- 28
Page 10
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 12]
omit, insert-- 1
`40 penalty units'. 2
Clause 12 Amendment of s 57 (Particular conduct involving a 3
weapon in a public place prohibited) 4
(1) Section 57(2), `20 penalty units or 3 months imprisonment'-- 5
omit, insert-- 6
`40 penalty units or 6 months imprisonment'. 7
(2) Section 57(3), `60 penalty units or 1 year's imprisonment'-- 8
omit, insert-- 9
`120 penalty units or 2 years imprisonment'. 10
(3) Section 57(4), `100 penalty units or 2 years imprisonment'-- 11
omit, insert-- 12
`200 penalty units or 4 years imprisonment'. 13
Clause 13 Amendment of s 58 (Dangerous conduct with weapon 14
prohibited generally) 15
(1) Section 58(1), definition weapon-- 16
insert-- 17
`(f) a laser pointer.'. 18
(2) Section 58(2), `100 penalty units or 2 years imprisonment'-- 19
omit, insert-- 20
`200 penalty units or 4 years imprisonment'. 21
Clause 14 Amendment of s 59 (Possession or use of weapon under 22
the influence of liquor or a drug prohibited) 23
Section 59(2), `20 penalty units'-- 24
omit, insert-- 25
`40 penalty units'. 26
Page 11
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 15]
Clause 15 Amendment of s 61 (Shortening firearms) 1
Section 61, `100 penalty units or 2 years imprisonment'-- 2
omit, insert-- 3
`200 penalty units or 4 years imprisonment'. 4
Clause 16 Amendment of s 62 (Modifying construction or action of 5
firearms) 6
Section 62, `100 penalty units or 2 years imprisonment'-- 7
omit, insert-- 8
`200 penalty units or 4 years imprisonment'. 9
Clause 17 Amendment of s 63 (Altering identification marks of 10
weapons) 11
Section 63, `100 penalty units or 2 years imprisonment'-- 12
omit, insert-- 13
`200 penalty units or 4 years imprisonment'. 14
Clause 18 Amendment of s 67 (Possessing and acquiring restricted 15
items) 16
(1) Section 67(3)-- 17
renumber as section 67(5). 18
(2) Section 67-- 19
insert-- 20
`(3) For subsection (1), a person has a reasonable excuse to 21
possess or acquire a laser pointer if-- 22
(a) each of the following apply-- 23
(i) the person is a member of a recognised 24
astronomical organisation or a person being 25
personally supervised by a member of a recognised 26
astronomical organisation; 27
Page 12
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 18]
(ii) the person's reason for possession or acquisition of 1
the laser pointer is to take part in activities 2
associated with astronomy; 3
(iii) the laser pointer has a power output of less than 20 4
milliwatts; or 5
(b) both of the following apply-- 6
(i) the person's reason for possession or acquisition of 7
the laser pointer is to take part in activities 8
associated with a recognised occupation; 9
(ii) the laser pointer has a power output of less than 20 10
milliwatts; or 11
(c) both of the following apply-- 12
(i) the person holds a licence that authorises 13
possession of a firearm in relation to which the 14
laser pointer may be used; 15
(ii) the laser pointer has a power output of less than 10 16
milliwatts. 17
`(4) For subsection (5), definitions recognised astronomical 18
organisation and recognised occupation-- 19
(a) an astronomical organisation or an occupation may only 20
be published on the QPS website once and for not more 21
than 6 months; and 22
(b) any publication of an organisation or occupation on the 23
QPS website has no effect to the extent it does not 24
comply with paragraph (a).'. 25
(3) Section 67(5), as renumbered-- 26
insert-- 27
`recognised astronomical organisation means an 28
astronomical organisation-- 29
(a) prescribed under a regulation; or 30
(b) published on the QPS website for this paragraph. 31
recognised occupation means an occupation-- 32
Page 13
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 19]
(a) prescribed under a regulation; or 1
(b) published on the QPS website for this paragraph.'. 2
Clause 19 Amendment of s 87 (Authorised officer may grant or 3
refuse shooting club permit) 4
Section 87(e)-- 5
omit, insert-- 6
`(e) section 90 has been complied with and the person 7
nominated under section 90(1) is an appropriate 8
person.'. 9
Clause 20 Amendment of s 90 (A representative is required for 10
some applications) 11
(1) Section 90, heading-- 12
omit, insert-- 13
`Representative required for application'. 14
(2) Section 90(1)-- 15
omit. 16
(3) Section 90(2), `The application'-- 17
omit, insert-- 18
`An application for a shooting club permit'. 19
(4) Section 90(2) to (5)-- 20
renumber as section 90(1) to (4). 21
(5) Section 90(4), as renumbered, `subsection (5)'-- 22
omit, insert-- 23
`subsection (4)'. 24
Clause 21 Amendment of s 100 (Limits on approvals) 25
Section 100(c), from `a training'-- 26
Page 14
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 22]
omit, insert-- 1
`an approved training course.'. 2
Clause 22 Amendment of s 101 (Authorised officer may grant or 3
refuse range approval) 4
Section 101(1)(a)(i), from `a training'-- 5
omit, insert-- 6
`an approved training course; or'. 7
Clause 23 Amendment of s 108 (Responsibilities of range operator) 8
Section 108(2), from `a person' to `this Act'-- 9
omit, insert-- 10
`an adult (a range officer) who-- 11
(a) holds a firearms licence under this Act; or 12
(b) is a range officer, however called, under a law of another 13
State that corresponds with this Act'. 14
Clause 24 Amendment of s 110 (Responsibilities of person 15
attending an approved range) 16
(1) Section 110(1) and (2), `20 penalty units'-- 17
omit, insert-- 18
`40 penalty units'. 19
(2) Section 110(3), `10 penalty units'-- 20
omit, insert-- 21
`20 penalty units'. 22
Clause 25 Amendment of s 115 (Theatrical ordnance suppliers to be 23
licensed) 24
Section 115(1), `60 penalty units'-- 25
Page 15
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 26]
omit, insert-- 1
`120 penalty units'. 2
Clause 26 Amendment of s 124 (Training courses for security 3
guards) 4
(1) Section 124(1), from `satisfactorily'-- 5
omit, insert-- 6
`completed an approved safety training course (security 7
guard).'. 8
(2) Section 124(2), from `satisfactorily' to `commissioner'-- 9
omit, insert-- 10
`complete an approved safety training course (security 11
guard)'. 12
Clause 27 Amendment of s 127 (Obligations of security 13
organisation in relation to the possession or use of a 14
weapon) 15
(1) Section 127(2) and (3), at the end-- 16
insert-- 17
`Maximum penalty--200 penalty units.'. 18
(2) Section 127(4), `100 penalty units'-- 19
omit, insert-- 20
`200 penalty units'. 21
Clause 28 Insertion of new pt 8, div 4 22
Part 8-- 23
insert-- 24
Page 16
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 28]
`Division 4 Transitional provisions for Weapons 1
Amendment Act 2011 2
`187 Definition for div 4 3
`In this division-- 4
commencement means the commencement of this section. 5
`188 Declaration concerning Serco during interim period 6
`(1) During the interim period-- 7
(a) Serco is taken to have been a government service entity 8
and a prescribed service entity under section 2(9); and 9
(b) for section 2(2), the functions of Serco are taken to have 10
been the functions that Serco is authorised, by the chief 11
executive (corrective services), to perform under the 12
Corrective Services Act 2006, section 272; and 13
(c) for section 2(2), the functions of a Serco employee are 14
taken to have been the functions of a corrective services 15
officer that the employee performs for Serco when 16
Serco is performing the functions mentioned in 17
paragraph (b). 18
`(2) In this section-- 19
Serco means Serco Australia Pty Ltd ABN 44 003 677 352. 20
interim period means the period starting on 1 January 2008 21
and ending on the commencement. 22
`189 Declaration concerning GEO during interim period 23
`(1) During the interim period-- 24
(a) GEO is taken to have been a government service entity 25
and a prescribed service entity under section 2(9); and 26
(b) for section 2(2), the functions of GEO are taken to have 27
been-- 28
Page 17
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 28]
(i) to conduct the part of the operations of the 1
Queensland Corrective Services Commission that 2
GEO is engaged to conduct under the Corrective 3
Services (Administration) Act 1988, section 4
19(2)(f); or 5
(ii) the functions that GEO is authorised, by the chief 6
executive (corrective services), to perform under 7
the Corrective Services Act 2006, section 272; and 8
(c) for section 2(2), the functions of a GEO employee are 9
taken to have been-- 10
(i) the functions of a custodial correctional officer the 11
employee performs for GEO when GEO is 12
performing the prescribed functions mentioned in 13
paragraph (b)(i); or 14
(ii) the functions of a corrective services officer that 15
the employee performs for GEO when GEO is 16
performing the prescribed functions mentioned in 17
paragraph (b)(ii). 18
`(2) In this section-- 19
GEO means GEO Group Australia Pty Ltd ABN 24 051 130 20
600. 21
interim period means the period starting on 15 January 2004 22
and ending on the commencement.'. 23
`190 Training courses 24
`(1) If, immediately before the commencement, an approval of a 25
training course was in force under former section 10A(2)(b), 26
the approval continues in force as if it had been made under 27
section 10AA(1). 28
`(2) If, immediately before the commencement, an approval of a 29
training course was in force under former section 124, the 30
approval continues in force as if it had been made under 31
section 10AA(2). 32
Page 18
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 29]
`(3) As soon as practicable after the commencement, the 1
commissioner must notify each course approved under this 2
section on the QPS website. 3
`(4) An approval under this section may be ended by the 4
commissioner under section 10AA. 5
`(5) In this section-- 6
former means as in force before the commencement. 7
`191 Amendment of regulations 8
`The amendment of the Explosives Regulation 2003, Weapons 9
Categories Regulation 1997 or the Weapons Regulation 1996 10
by the Weapons Amendment Act 2011 does not affect the 11
power of the Governor in Council to further amend the 12
regulation or to repeal it.'. 13
Clause 29 Amendment of sch 2 (Dictionary) 14
(1) Schedule 2, definition weapon-- 15
omit. 16
(2) Schedule 2-- 17
insert-- 18
`approved safety training course (general) means a course 19
approved under section 10AA(1). 20
approved safety training course (security guard) means a 21
course approved under section 10AA(2). 22
approved training course means-- 23
(a) an approved safety training course (general); or 24
(b) an approved safety training course (security guard). 25
laser pointer means a hand-held battery-operated device, with 26
a power output of more than 1 milliwatt, that is designed to 27
emit a laser beam and may be used for aiming, pointing or 28
targeting. 29
Page 19
Weapons Amendment Bill 2011
Part 2 Amendment of Weapons Act 1990
[s 29]
public monument see section 6C. 1
QPS website means the website used by the commissioner to 2
provide public access to information about matters relating to 3
this Act. 4
Editor's note-- 5
The QPS website is at . 6
restricted item see section 67(5). 7
weapon-- 8
(a) means-- 9
(i) a firearm; or 10
(ii) another thing prescribed under a regulation to be a 11
weapon or within a category of weapon; or 12
(iii) a thing that would be a weapon mentioned in 13
subparagraph (i) or (ii), if it were not temporarily 14
inoperable or incomplete; and 15
(b) does not include a public monument.'. 16
(3) Schedule 2, definition category M crossbow, `section 17
7A(g)'-- 18
omit, insert-- 19
`section 7A(n)'. 20
(4) Schedule 2, definition firearm-- 21
insert-- 22
`(h) a public monument.'. 23
Page 20
Weapons Amendment Bill 2011
Part 3 Amendment of Weapons Categories Regulation 1997
[s 30]
Part 3 Amendment of Weapons 1
Categories Regulation 1997 2
Clause 30 Regulation amended 3
This part amends the Weapons Categories Regulation 1997. 4
Clause 31 Amendment of s 6 (Category E weapons) 5
Section 6-- 6
insert-- 7
`(2) In this section-- 8
body armour-- 9
(a) means an article designed for anti-ballistic purposes that 10
is designed to be worn on a part of the body; and 11
(b) does not include a helmet, or other article, designed for 12
sight or hearing protection.'. 13
Clause 32 Amendment of s 7A (Category M weapons) 14
(1) Section 7A(e) to (n)-- 15
renumber as section 7A(l) to (u). 16
(2) Section 7A(a) to (d)-- 17
omit, insert-- 18
`(a) any clothing, apparel, adornment, accessory or other 19
thing-- 20
(i) designed to disguise any weapon or other cutting 21
or piercing instrument capable of causing bodily 22
harm; or 23
Examples-- 24
a bowen knife belt, a credit card knife 25
Page 21
Weapons Amendment Bill 2011
Part 3 Amendment of Weapons Categories Regulation 1997
[s 32]
(ii) designed for use as a weapon or a cutting or 1
piercing instrument capable of causing bodily 2
harm; 3
(b) any knife so designed or constructed so as to be used as 4
a weapon that while the knife is held in 1 hand, the blade 5
may be released by that hand; 6
(c) a ballistic knife that propels or releases a knife-like 7
blade of any material by any means other than an 8
explosive; 9
(d) a butterfly knife, a knife known as a `balisong', a 10
pantographic knife, or a similar device that consists of a 11
single-edged or multi-edged blade or spike that fits 12
within 2 handles attached to the blade or spike by 13
transverse pivot pins or pantographic linkage and is 14
capable of being opened by gravity or centrifugal force; 15
(e) a flick knife, or a similar device of any material that has 16
a blade folded or recessed into the handle that opens 17
automatically by gravity or centrifugal force or if 18
pressure is applied to a button, spring or device in or 19
attached to the handle of the device; 20
(f) a push knife, or a similar device designed as a weapon 21
that consists of a single-edged or multi-edged blade or 22
spike and allows the blade or spike to be supported by 23
the palm of the hand so that stabbing blows or slashes 24
can be inflicted by a punching or pushing action; 25
(g) a sheath knife, or a similar device of any material that 26
has a sheath which withdraws into its handle by gravity 27
or centrifugal force or if pressure is applied to a button, 28
spring or device attached to or forming part of the 29
sheath, handle or blade of the device; 30
(h) a star knife, or a similar device that consists of at least 2 31
angular points, blades or spikes, of any material, 32
disposed outwardly about a central axis point and that 33
are designed to spin around the central axis point in 34
flight when thrown at a target; 35
Page 22
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 33]
(i) a trench knife, or a similar device that consists of a 1
single-edged or multi-edged blade or spike of any 2
material that is fitted with a handle made of any hard 3
substance that is designed to be fitted over the knuckles 4
of the hand of the user to protect the knuckles and 5
increase the effect of a punch or blow; 6
(j) a riding crop that contains, conceals or disguises a knife, 7
stiletto or any other single-edged or multi-edged blade 8
or spike of any length or of any material; 9
(k) a walking stick or cane that contains, conceals or 10
disguises a sword or any other single-edged or 11
multi-edged blade, knife or spike of any length or of any 12
material;'. 13
Clause 33 Amendment of s 8 (Category R weapons) 14
Section 8-- 15
insert-- 16
`(2) A thing mentioned in subsection (1)(a), (c), (i) or (j) is not a 17
category R weapon if it is a public monument.'. 18
Clause 34 Amendment of s 9 (Restricted items (Act, s 67)) 19
Section 9-- 20
insert-- 21
`(e) a laser pointer.'. 22
Part 4 Amendment of Weapons 23
Regulation 1996 24
Clause 35 Regulation amended 25
This part amends the Weapons Regulation 1996. 26
Page 23
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 36]
Clause 36 Amendment of s 3 (Possession or use of weapon 1
unlawful to extent another licence is needed to authorise 2
that possession or use) 3
Section 3(1), example, paragraph (g)-- 4
omit, insert-- 5
`(g) to provide an approved training course (a firearms licence 6
(instructor) is needed).'. 7
Clause 37 Insertion of new s 3B 8
After section 3A-- 9
insert-- 10
`3B Requirements for training courses--Act, s 10AA 11
`(1) For section 10AA(1)(b) of the Act, the requirements of the 12
training course are-- 13
(a) the content of the course will give a person who 14
completes the course the knowledge required to ensure 15
the safe use, storage and maintenance of a weapon to 16
which the course relates; and 17
(b) the method of assessment for the course is able to 18
determine whether a person has the knowledge 19
mentioned in paragraph (a). 20
`(2) For section 10AA(2)(b) of the Act, the requirements of the 21
training course are-- 22
(a) the content of the course will give a person who 23
completes the course the knowledge required to ensure 24
the safe use, storage and maintenance of a weapon or 25
restricted item to which the course relates; and 26
(b) the method of assessment for the course is able to 27
determine whether a person has the knowledge 28
mentioned in paragraph (a).'. 29
Page 24
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 38]
Clause 38 Amendment of s 4 (Additional genuine reasons for 1
possession of a weapon) 2
(1) Section 4(a), after `military'-- 3
insert-- 4
`or medieval'. 5
(2) Section 4-- 6
insert-- 7
`(d) paint pellet sports.'. 8
Clause 39 Amendment of s 22 (Firearms licence (instructor)) 9
Section 22(1)-- 10
omit, insert-- 11
`(1) A firearms licence (instructor) authorises the licensee to 12
possess and use any weapon, at an approved range or 13
elsewhere, in the category endorsed on the licence to provide 14
an approved training course.'. 15
Clause 40 Amendment of s 25A (Miscellaneous weapons licence) 16
(1) Section 25A(1)(c), `section 7A(h) or (j)'-- 17
omit, insert-- 18
`section 7A(o) or (q)'. 19
(2) Section 25A(1)(d), `section 7A(i) or (m)'-- 20
omit, insert-- 21
`section 7A(p) or (t)'. 22
(3) Section 25A(1)-- 23
insert-- 24
`(e) a category M weapon mentioned in section 7A(a), (b), 25
(c), (d), (e), (f), (g), (h), (i), (j) or (k) of that regulation (a 26
category M knife).'. 27
(4) Section 25A-- 28
Page 25
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 41]
insert-- 1
`(9A) A miscellaneous weapons licence may only be issued for a 2
category M knife if an authorised officer is satisfied the 3
applicant for the licence has a special occupational need for 4
the weapon. 5
`(9B) If the applicant applied for a miscellaneous weapons licence 6
for a category M knife, the licence authorises the licensee to 7
possess and use the type of category M knife stated on the 8
licence, but only to satisfy the need stated on the licence.'. 9
Clause 41 Amendment of s 26 (What dealer's licence authorises) 10
Section 26(4), `section 7A(a), (c), (d), (f), (j), (k) or (m)'-- 11
omit, insert-- 12
`section 7A(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (m), 13
(q), (r) or (t)'. 14
Clause 42 Amendment of s 47 (Security guard to complete training 15
course annually--Act, s 124) 16
Section 47, from `a training' to `commissioner,'-- 17
omit, insert-- 18
`an approved safety training course (security guard)'. 19
Clause 43 Amendment of s 66 (Exemption from provision of Act) 20
(1) Section 66(3), `10 penalty units'-- 21
omit, insert-- 22
`20 penalty units'. 23
(2) Section 66(4)-- 24
renumber as section 66(6). 25
(3) Section 66-- 26
insert-- 27
Page 26
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 44]
`(4) The commissioner may amend or cancel the exemption at any 1
time by notice given to the exemption holder. 2
`(5) An amendment or cancellation under subsection (4) takes 3
effect-- 4
(a) on the day when the notice mentioned in subsection (4) 5
is given to the exemption holder; or 6
(b) if a later day is stated in the notice--on the stated day.'. 7
Clause 44 Insertion of new s 68CA 8
After section 68C-- 9
insert-- 10
`68CA Prohibition on possession of particular 11
magazines--category B weapons 12
`(1) This section applies to the holder of a firearms licence who is 13
the registered owner of a category B weapon under the 14
licence. 15
`(2) The holder must not possess a magazine-- 16
(a) if the category B weapon has a lever or pump 17
action--with a maximum capacity of more than 10 18
rounds for the weapon; or 19
(b) if the category B weapon is a repeating centre fire 20
rifle--with a maximum capacity of more than 15 rounds 21
for the weapon. 22
Maximum penalty--10 penalty units. 23
`(3) However, subsection (2) does not apply if-- 24
(a) the holder is the registered owner of a category D or R 25
weapon, held under another licence, in which the 26
magazine is able to be lawfully used; or 27
(b) a condition of the holder's firearms licence authorises 28
possession of a magazine with a maximum capacity of 29
more than 10 or 15 rounds.'. 30
Page 27
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 45]
Clause 45 Amendment of s 68D (Prohibition on possession of 1
magazine with more than 10 rounds) 2
Section 68D, heading-- 3
omit, insert-- 4
`68D Prohibition on possession of particular 5
magazines--category H weapons'. 6
Clause 46 Amendment of s 68E (Prohibition on possession of 7
certain magazines) 8
Section 68E, `section 68D'-- 9
omit, insert-- 10
`sections 68CA and 68D'. 11
Clause 47 Amendment of s 73 (Modifying firearm to make it 12
permanently inoperable--Act, s 7) 13
(1) Section 73(1) to (5)-- 14
omit, insert-- 15
`(1) For section 7(1) of the Act, the way to modify a firearm to 16
make it permanently incapable of being discharged is-- 17
(a) the way mentioned, for the firearm, in schedule 2A; or 18
(b) the way approved under subsection (2).'. 19
(2) Section 73(7), `subsections (2) to (5)'-- 20
omit, insert-- 21
`schedule 2A'. 22
(3) Section 73(6) and (7)-- 23
renumber as section 73(2) and (3). 24
Clause 48 Amendment of s 79 (Entities prescribed as government 25
service entities and functions prescribed for them and 26
their employees for the Act's non-application) 27
Section 79(a), from `section 2(8)'-- 28
Page 28
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 49]
omit, insert-- 1
`section 2(9) of the Act, definition government service entity, 2
paragraph (c);'. 3
Clause 49 Amendment of sch 1A (Licence conditions) 4
Schedule 1A, column 2, entry for TR2, from `a course' to 5
`police service'-- 6
omit, insert-- 7
`an approved training course'. 8
Clause 50 Replacement of sch 2 (Government service entities and 9
prescribed functions for them and their employees for 10
the Act's non-application) 11
Schedule 2-- 12
omit, insert-- 13
`Schedule 2 Government service entities 14
and prescribed functions for 15
them and their employees for 16
the Act's non-application 17
section 79 18
`1 Queensland Corrective Services 19
`(1) Queensland Corrective Services (QCS) is a government 20
service entity. 21
`(2) QCS's prescribed functions are the functions that QCS is 22
authorised to perform under the Corrective Services Act 2006. 23
`(3) The prescribed functions of a QCS employee are the functions 24
of a corrective services officer that the employee performs for 25
QCS when QCS is performing the prescribed functions 26
mentioned in subsection (2). 27
Page 29
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 50]
`2 GEO Group Australia Pty Ltd 1
`(1) The GEO Group Australia Pty Ltd ABN 24 051 130 600 2
(GEO) is a government service entity. 3
`(2) GEO's prescribed functions are the functions that GEO is 4
authorised, by the chief executive (corrective services), to 5
perform under the Corrective Services Act 2006, section 272. 6
`(3) The prescribed functions of a GEO employee are the 7
functions of a corrective services officer that the employee 8
performs for GEO when GEO is performing the prescribed 9
functions mentioned in subsection (2). 10
`3 Serco Australia Pty Ltd 11
`(1) Serco Australia Pty Ltd ABN 44 003 677 352 (SA) is a 12
government service entity. 13
`(2) SA's prescribed functions are the functions that SA is 14
authorised, by the chief executive (corrective services), to 15
perform under the Corrective Services Act 2006, section 272. 16
`(3) The prescribed functions of a SA employee are the functions 17
of a corrective services officer that the employee performs for 18
SA when SA is performing the prescribed functions 19
mentioned in subsection (2). 20
`4 Queensland Fire and Rescue Service 21
`(1) Queensland Fire and Rescue Service (QFRS), is a 22
government service entity only for the purposes of acquiring, 23
possessing and using incendiary devices that are category M 24
weapons. 25
`(2) QFRS's prescribed functions are its functions under an Act 26
that necessitate the acquisition, possession or use of an 27
incendiary device that is a category M weapon to prevent and 28
control fires. 29
`(3) The prescribed functions of a QFRS employee are the 30
functions the employee performs when QFRS is performing 31
the prescribed functions mentioned in subsection (2).'. 32
Page 30
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 51]
Clause 51 Insertion of new sch 2A 1
After schedule 2-- 2
insert-- 3
`Schedule 2A Ways of modifying firearms 4
to make them 5
permanently incapable 6
of being discharged 7
section 73(1)(a) 8
`Part 1 General 9
`1 Methods 10
`(1) A firearm may be modified to make it permanently incapable 11
of being discharged by-- 12
(a) fusion welding under part 2; or 13
(b) sectioning under part 3. 14
`(2) However, a firearm made of light alloy or plastic may only be 15
modified to make it permanently incapable of being 16
discharged by sectioning under part 3. 17
`2 Purpose 18
`(1) The purpose of fusion welding is to weld material into the 19
barrel of a firearm, and to weld all major parts of the firearm 20
in a way that can not be reversed. 21
`(2) The purpose of sectioning is to machine or mill all major parts 22
of a firearm in a way that can not be reversed and to expose 23
the internal mechanism of the firearm to enable it to be used 24
for display or instructional purposes. 25
Page 31
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 51]
`Part 2 Fusion welding 1
`3 Bolt action rifle 2
`A bolt action rifle may be modified to make it permanently 3
incapable of being discharged by doing all of the following-- 4
(a) boring a calibre size hole in the chamber; 5
(b) inserting a close fitting steel rod in the barrel and 6
welding at the muzzle and breech; 7
(c) completely breaking off, grinding off or removing the 8
firing pin; 9
(d) welding the trigger to the receiver; 10
(e) welding the bolt to the receiver either-- 11
(i) through the magazine well or the ejection port; or 12
(ii) along the exposed surface of the bolt for at least 80 13
per cent of the bolt's length; 14
(f) cutting off the magazine lips and removing the spring 15
and follower; 16
(g) if the rifle has a quick detachable barrel--welding the 17
barrel to the receiver; 18
(h) if the rifle has a tube type magazine--cutting off the 19
crimped end of the guide, if any, and removing the 20
spring and follower. 21
`4 Self-loading rifle 22
`A self-loading rifle may be modified to make it permanently 23
incapable of being discharged by doing all of the following-- 24
(a) boring a calibre size hole in the chamber; 25
(b) inserting a close fitting steel rod in the barrel and 26
welding at the muzzle and breech; 27
(c) completely breaking off, grinding off or removing the 28
firing pin; 29
Page 32
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 51]
(d) welding the trigger to the receiver; 1
(e) welding the bolt to the receiver either-- 2
(i) through the magazine well or the ejection port; or 3
(ii) along the exposed surface of the bolt for at least 80 4
per cent of the bolt's length; 5
(f) cutting off the magazine lips and removing the spring 6
and follower; 7
(g) if the rifle has a quick detachable barrel--welding the 8
barrel to the receiver; 9
(h) if the rifle has a tube type magazine--cutting off the 10
crimped end of the guide, if any, and removing the 11
spring and follower; 12
(i) if the rifle has a gas piston--removing the gas piston 13
and spring, if any, and filling the gas block with weld. 14
`5 Pump action rifle 15
`A pump action rifle may be modified to make it permanently 16
incapable of being discharged by doing all of the following-- 17
(a) boring a calibre size hole in the chamber; 18
(b) inserting a close fitting steel rod in the barrel and 19
welding at the muzzle and breech; 20
(c) completely breaking off, grinding off or removing the 21
firing pin; 22
(d) welding the trigger to the receiver; 23
(e) welding the bolt to the receiver either-- 24
(i) through the magazine well or the ejection port; or 25
(ii) along the exposed surface of the bolt for at least 80 26
per cent of the bolt's length; 27
(f) welding the action arm to the receiver or barrel; 28
(g) if the rifle has a quick detachable barrel--welding the 29
barrel to the receiver; 30
Page 33
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 51]
(h) if the rifle has a tube type magazine--cutting off the 1
crimped end of the guide, if any, and removing the 2
spring and follower. 3
`6 Lever action rifle 4
`A lever action rifle may be modified to make it permanently 5
incapable of being discharged by doing all of the following-- 6
(a) boring a calibre size hole in the chamber; 7
(b) inserting a close fitting steel rod in the barrel and 8
welding at the muzzle and breech; 9
(c) completely breaking off, grinding off or removing the 10
firing pin; 11
(d) welding the trigger to the receiver; 12
(e) welding the bolt to the receiver either-- 13
(i) through the magazine well or the ejection port; or 14
(ii) along the exposed surface of the bolt for at least 80 15
per cent of the bolt's length; 16
(f) welding the lever or link to the receiver; 17
(g) if the rifle has a quick detachable barrel--welding the 18
barrel to the receiver; 19
(h) if the rifle has a tube type magazine--cutting off the 20
crimped end of the guide, if any, and removing the 21
spring and follower. 22
`7 Muzzle loading rifle 23
`A muzzle loading rifle may be modified to make it 24
permanently incapable of being discharged by doing all of the 25
following-- 26
(a) boring a calibre size hole in the chamber; 27
(b) inserting a close fitting steel rod in the barrel and 28
welding at the muzzle; 29
Page 34
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 51]
(c) welding the flash hole closed; 1
(d) welding the trigger to the receiver; 2
(e) welding the hammer to the receiver. 3
`8 Single or double barrel shotgun 4
`A single or double barrel shotgun may be modified to make it 5
permanently incapable of being discharged by doing all of the 6
following-- 7
(a) boring a hole, approximately 60 per cent of the bore 8
size, just forward of the chamber (or chambers); 9
(b) inserting a close fitting steel plug of the length of the 10
chamber in the chamber (or chambers) and welding at 11
the breech; 12
(c) completely breaking off, grinding off or removing the 13
firing pins, or welding them to the receiver; 14
(d) welding the trigger to the receiver; 15
(e) welding the breech lever to the receiver; 16
(f) welding the barrel or the barrel lug, with a substantial 17
weld, to the receiver to prevent the barrel opening; 18
(g) if the shotgun has exposed hammers--welding the 19
hammers to the side plates or the receiver. 20
`9 Pump action shotgun 21
`A pump action shotgun may be modified to make it 22
permanently incapable of being discharged by doing all of the 23
following-- 24
(a) boring a hole, approximately 60 per cent of the bore 25
size, just forward of the chamber; 26
(b) inserting a close fitting steel plug of the length of the 27
chamber in the chamber and welding at the breech; 28
(c) completely breaking off, grinding off or removing the 29
firing pin; 30
Page 35
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 51]
(d) welding the trigger and hammer to the receiver; 1
(e) welding the bolt to the receiver either-- 2
(i) through the magazine well or the ejection port; or 3
(ii) along the exposed surface of the bolt for at least 80 4
per cent of the bolt's length; 5
(f) welding the action arm to the receiver or barrel; 6
(g) cutting off the magazine lips and removing the spring 7
and follower; 8
(h) if the shotgun has a quick detachable barrel--welding 9
the barrel to the receiver; 10
(i) if the shotgun has a tube type magazine--cutting off the 11
crimped end of the guide, if any, and removing the 12
spring and follower. 13
`10 Self-loading shotgun 14
`A self-loading shotgun may be modified to make it 15
permanently incapable of being discharged by doing all of the 16
following-- 17
(a) boring a hole, approximately 60 per cent of the bore 18
size, just forward of the chamber; 19
(b) inserting a close fitting steel plug of the length of the 20
chamber in the chamber and welding at the breech; 21
(c) completely breaking off, grinding off or removing the 22
firing pin; 23
(d) welding the trigger and hammer to the receiver; 24
(e) welding the bolt to the receiver either-- 25
(i) through the magazine well or the ejection port; or 26
(ii) along the exposed surface of the bolt for at least 80 27
per cent of the bolt's length; 28
(f) cutting off the magazine lips and removing the spring 29
and follower; 30
Page 36
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 51]
(g) if the shotgun has a quick detachable barrel--welding 1
the barrel to the receiver; 2
(h) if the shotgun has a tube type magazine--cutting off the 3
crimped end of the guide, if any, and removing the 4
spring and follower; 5
(i) if the shotgun has a gas piston--removing the gas piston 6
and spring, if any, and filling the gas block with weld. 7
`11 Revolver 8
`A revolver may be modified to make it permanently 9
incapable of being discharged by doing all of the following-- 10
(a) boring a calibre size hole in barrel as close to the forcing 11
cone as possible; 12
(b) inserting a close fitting steel rod in the barrel and 13
cylinder and welding at the muzzle; 14
(c) welding the trigger and hammer to the frame; 15
(d) welding the cylinder to the frame; 16
(e) if the remover is a break type--welding the top strap 17
closed. 18
`12 Self-loading pistol 19
`A self-loading pistol may be modified to make it permanently 20
incapable of being discharged by doing all of the following-- 21
(a) boring a calibre size hole in the chamber; 22
(b) inserting a close fitting steel rod in the barrel and 23
welding at the muzzle; 24
(c) welding the trigger to the receiver; 25
(d) cutting off the magazine lips and removing the spring; 26
(e) welding the barrel to the slide; 27
(f) welding the slide with a substantial weld to the frame; 28
Page 37
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 51]
(g) if the pistol has an exposed hammer--welding the 1
hammer to the frame; 2
(h) filling the top of the magazine well with weld. 3
`13 Submachine gun or select fire assault rifle 4
`A submachine gun or select fire assault rifle may be modified 5
to make it permanently incapable of being discharged by 6
doing all of the following-- 7
(a) boring a calibre size hole in the chamber; 8
(b) inserting a close fitting steel rod in the barrel and 9
welding at the muzzle and breech; 10
(c) completely breaking off, grinding off or removing the 11
firing pin; 12
(d) welding the bolt to the receiver either-- 13
(i) through the magazine well or the ejection port; or 14
(ii) along the exposed surface of the bolt for at least 80 15
per cent of the bolt's length; 16
(e) cutting off the magazine lips and removing the spring 17
and follower; 18
(f) filling the magazine with weld; 19
(g) welding the trigger to the receiver; 20
(h) removing all internal working parts that can not be seen 21
from the outside. 22
`14 Machine gun 23
`A machine gun may be modified to make it permanently 24
incapable of being discharged by doing all of the following-- 25
(a) boring a calibre size hole in the chamber; 26
(b) inserting a close fitting steel rod in the barrel and 27
welding at the muzzle and breech; 28
Page 38
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 51]
(c) completely breaking off, grinding off or removing the 1
firing pin; 2
(d) welding the bolt to the receiver either-- 3
(i) through the magazine well or the ejection port; or 4
(ii) along the exposed surface of the bolt for at least 80 5
per cent of the bolt's length; 6
(e) cutting off the magazine lips and removing the spring 7
and follower; 8
(f) filling the magazine with weld; 9
(g) welding the trigger to the receiver; 10
(h) removing all internal working parts that can not be seen 11
from the outside; 12
(i) filling all internal recesses with weld; 13
(j) if the machine gun has a feed cover--welding the feed 14
cover to the receiver. 15
`Part 3 Sectioning 16
`15 Firearms 17
`A firearm, other than a pistol, may be modified to make it 18
permanently incapable of being discharged by doing all of the 19
following-- 20
(a) in relation to the bolt-- 21
(i) machining away 1 side of the bolt face with a 45 22
degree backward facing cut to allow enough 23
remaining material to hold the firing pin, extractor 24
and ejector; and 25
(ii) ensuring the cut breaks through the side of the bolt; 26
and 27
Page 39
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 51]
(iii) removing at least 50 per cent of the locking surface 1
to a depth of at least 4mm; and 2
(iv) shortening the firing pin so that it does not protrude 3
beyond the bolt face; 4
(b) in relation to the barrel-- 5
(i) machining away at least 80 per cent of the chamber 6
length, ensuring the cut-- 7
(A) is of a width of at least 1/3 of the chamber's 8
diameter; or 9
(B) removes at least a 1/4 section of the chamber; 10
and 11
(ii) from the point where the barrel extends from the 12
chamber, machining away at least 15mm of the 13
barrel, ensuring the cut-- 14
(A) is of a width of at least 1/3 of the barrel's 15
diameter; or 16
(B) removes at least a 1/4 section of the barrel; 17
(c) in relation to the gas system, if any-- 18
(i) machining a flat surface along the length of the 19
piston head, ensuring the cut removes at least 1/3 of 20
the diameter of the piston head; and 21
(ii) making a cut in the cylinder that is equal in width 22
to the lesser of the following-- 23
(A) 1/2 of the diameter of the inside cylinder for 24
the distance of the piston travel; 25
(B) 10mm; and 26
(iii) machining a slot to remove at least 1/2 of the 27
diameter of the gas port for a distance of at least 1/2 28
of its length; 29
(d) in relation to the receiver-- 30
Page 40
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 51]
(i) making a cut in the ring to match a cut in the 1
chamber; and 2
(ii) making another cut that removes at least 50 per 3
cent of the locking surface to a depth of at least 4
4mm (or, if there is a removable locking shoulder, 5
through the locking shoulder and at least 4mm into 6
the supporting material); and 7
(iii) making a cut that removes the greater of the 8
following-- 9
(A) 50 per cent of the side of the receiver (left or 10
right); 11
(B) an area of the side of the receiver (left or 12
right) that is 35mm2; and 13
(iv) ensuring the cut mentioned in subparagraph (iii) is 14
in the area of the locking surface or between the 15
locking surface and the breech face (the cut does 16
not need to be exposed); and 17
(v) if the firearm has an upper and a lower receiver-- 18
(A) sectioning both receivers; and 19
(B) sectioning the hinge point on the lower 20
receiver by removing a 1/4 section across it; 21
and 22
(vi) weakening the rear locking pin by machining away 23
at least 50 per cent of its cross section; 24
(e) in relation to the hammer, trigger and sear, either-- 25
(i) machining a slot 2mm deep across the face of the 26
hammer so that the hammer can not make contact 27
with the firing pin; or 28
(ii) weakening the trigger or the sear by making a cut 29
of a minimum width of 5mm through 50 per cent 30
of its thickness or width; 31
(f) if the firearm is of a belt-fed type--weakening the feed 32
pawls and actuating arms by making a cut of at least 33
Page 41
Weapons Amendment Bill 2011
Part 4 Amendment of Weapons Regulation 1996
[s 52]
5mm through at least 50 per cent of its thickness or 1
width. 2
`16 Pistol 3
`A pistol may be modified to make it permanently incapable 4
of being discharged by doing all of the following-- 5
(a) making a cut, that is the same size as the pistol's calibre, 6
for the full length of the chamber; 7
(b) removing at least 50 per cent of the thickness of the 8
barrel lug where it makes contact with the locking 9
surface or takedown pin in the frame; 10
(c) removing at least 1/2 of the breech face for a distance of 11
at least 20mm; 12
(d) removing at least 1/2 of 1 side of the slide rail; 13
(e) removing at least 2/3 of the opposite corner of the frame 14
rail; 15
(f) machining away at least 1/2 of the locking shoulders of 16
the barrel, slide and frame; 17
(g) sectioning halfway through the sears; 18
(h) removing at least 3mm of the hammer face; 19
(i) removing at least 5mm from the nose of the firing pin.'. 20
Clause 52 Amendment of sch 3 (Dictionary) 21
Schedule 3, definition QPS website-- 22
omit. 23
Page 42
Weapons Amendment Bill 2011
Part 5 Consequential and minor amendments of other legislation
[s 53]
Part 5 Consequential and minor 1
amendments of other 2
legislation 3
Clause 53 Legislation amended 4
The schedule amends the legislation it mentions. 5
Page 43
Weapons Amendment Bill 2011
Schedule
Schedule Other minor and consequential 1
amendments 2
section 53 3
Domestic and Family Violence Protection Act 1989 4
1 Section 23(1)(a)-- 5
omit, insert-- 6
`(a) possesses or uses a weapon as part of the person 7
performing functions as a member of the Queensland 8
police service as mentioned in the Weapons Act, section 9
2(1)(e)(i); or 10
(aa) possesses or uses a weapon while the person is not on 11
duty as a member of the Queensland police service as 12
mentioned in the Weapons Act, section 2(1)(e)(ii); or'. 13
Explosives Regulation 2003 14
1 Section 8-- 15
omit, insert-- 16
`8 Exempt government entities 17
`(1) The following entities are exempt from part 4, divisions 2, 7 18
and 8 of the Act-- 19
(a) the Queensland police service; 20
(b) a police officer, special constable or trainee member of 21
the Queensland police service who is acting in the 22
course of the person's official duties; 23
(c) a person mentioned in paragraph (b) who is not on duty 24
as a member of the Queensland police service, in 25
Page 44
Weapons Amendment Bill 2011
Schedule
relation to the possession of small arms ammunition or 1
any explosive that is an exhibit for the use of a court, if 2
the person is acting in accordance with the directions of 3
the commissioner of the Queensland police service in 4
relation to the off-duty possession of ammunition or 5
exhibits; 6
(d) an officer of another State's police service who is acting 7
in the course of the person's official duties in 8
Queensland for the Queensland police service. 9
`(2) An inspector who is acting in the course of the inspector's 10
official duties is exempt from part 4, divisions 2 and 6 to 8 of 11
the Act.'. 12
Security Providers Act 1993 13
1 After section 66-- 14
insert-- 15
`Part 8 Transitional provision for 16
Weapons Amendment Act 2011 17
`67 Meaning of disqualifying offence 18
`(1) For deciding whether an offence against the Weapons Act 19
1990, section 51(1), is a disqualifying offence, an offence 20
committed before the commencement can not be taken into 21
account. 22
`(2) In this section-- 23
commencement means the commencement of the Weapons 24
Amendment Act 2011.'. 25
Page 45
Weapons Amendment Bill 2011
Schedule
Transport Operations (Passenger Transport) Act 1994 1
1 Chapter 13-- 2
insert-- 3
`Part 12 Transitional provision for 4
Weapons Amendment Act 2011 5
`192 Meaning of disqualifying offence 6
`(1) For deciding whether an offence against the Weapons Act 7
1990, section 51(1), is a disqualifying offence, an offence 8
committed before the commencement can not be taken into 9
account. 10
`(2) In this section-- 11
commencement means the commencement of the Weapons 12
Amendment Act 2011.'. 13
© State of Queensland 2011
Page 46
[Index] [Search] [Download] [Related Items] [Help]