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1
Weapons Amendment
WEAPONS AMENDMENT BILL 1997
EXPLANATORY NOTE
GENERAL OUTLINE
Objective of the Legislation
The legislation seeks to amend the existing Weapons Act 1990 to correct
a number of weaknesses in the Act and its operation, and to achieve a
number of new policy outcomes. The new policy outcomes sought are:
· relocation of the schedule of weapons from the body of the Act to
a new Regulation and protection of the Regulation from automatic
expiry;
· with the exception of provisions relating to safe handling and
storage, government service entities are to be exempted from the
provisions of the Act, provided that certain reporting
requirements are met. Government service entities is to
encompass government owned corporations and entities engaged
by government to provide government services;
· persons in possession of a weapon are to be required to report the
loss or theft of the weapon to a police officer;
· exemption from the Act for members of cadet units who use
firearms in the course of activities of a Cadet Corps. When a
Cadet Corps uses a firearm not owned by the Commonwealth the
units or members are not covered by Commonwealth legislation;
· category A, B, C and H weapons which have been rendered
permanently inoperable are to be treated in the same manner as
replica firearms. Category C and D weapons, which includes
semi-automatic and military style firearms, will remain subject to
licensing requirements, regardless of whether they have been
rendered permanently inoperable;
· the power to suspend a licensee will be extended to situations in
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Weapons Amendment
which the authorised officer suspects that a licensee may no
longer be a fit and proper person;
· minimum ages will be applied to persons using shooting
galleries. For general shooting galleries this will be 11 years,
which is consistent with the general licensing scheme of the Act.
For shooting galleries at which paint pellet sports are played, the
minimum age will be 15 years.
· employees of armourers, dealers and theatrical ordnance suppliers
are to be required to have a licence under the Act. This will
ensure that employees who have access to firearms have been
vetted by the Police Service;
· at the end of the amnesty period, existing licences will not expire,
provided that the licensee has made an application for a new
licence. This provision is to operate for a limited time only to
allow the Police Service to deal with applications received close to
the end of the amnesty period.;
· landowners who sell permission to shoot on their land, or who
issue more than 50 permissions are to be required to maintain a
register of permissions;
· persons attending an approved range are to be required to comply
with a lawful direction of a range officer;
· self employed security guards are to be required to maintain a
firearms register in the same manner as a security organisation
presently does;
· an offence is to be created of carrying a knife in a public place
without a reasonable excuse. A further offence is to be created of
carrying a knife in a night club, regardless of the excuse;
· the legislation is to make provision to allow an authorised officer
to release information about a person to a doctor or psychologist.
The information may be released to assist the doctor or
psychologist in forming an opinion as to whether the person is
suitable to have possession of a firearm.
The legislation also seeks to amend the Drugs Misuse Act 1986 and the
Statutory Instruments Act 1992. The purpose of these amendments will be
to locate all subordinate legislation which is exempted from automatic
expiry in a schedule to the Statutory Instruments Act.
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Weapons Amendment
Means of Achieving Policy Objectives
The objectives listed are to be achieved principally by amendment to the
Weapons Act. As indicated, consequential amendments are necessary to
the Drugs Misuse Act and the Statutory Instruments Act.
It will also be necessary to make significant amendments to the Weapons
Regulation 1996. This is to be done for concurrent commencement with
this legislation.
Estimated Cost of Implementation for Government
The implementation of this legislation will not entail any cost to
government.
Consistency with Fundamental Legislative Principles
The legislation authorises certain police officers to release to a doctor or
psychologist certain information about a person applying for a licence. The
information which can be released is anything which may assist a doctor or
psychologist to determine if the applicant is a fit and proper person to hold a
licence.
This might be seen as adversely affecting the rights and liberties of the
subject person and as such a breach of fundamental legislative principles.
This has been considered, and it remains necessary, in the public interest, to
create such a provision. It is clearly desirable that a practitioner who is
providing an opinion about a person's fitness to possess a firearm should
be in possession of all information about to the person which may be
relevant to the decision. To do otherwise would mean that public safety is
subordinate to what is, at best, a vaguely defined personal right to privacy.
This would be contrary to the principles and objects of the Act.
Consultation conducted in Development of the Bill
The following bodies have been consulted in relation to the issues
included in the Bill which are of concern to them:
· Department of Natural Resources
· Department of Environment;
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Weapons Amendment
· Department of Primary Industries, Fisheries and Forestry;
· The Queensland Museum
NOTES ON PROVISIONS
PART ONE--PRELIMINARY
Clauses 1 and 2 specify the short title of the proposed Act and provide
for its commencement
PART TWO--AMENDMENT OF THE WEAPONS ACT
1990
Act amended
Clause 3--identifies the Weapons Act as the Act being amended by this
part.
Amendment of s 2 (Application of Act)
Clause 4(1)--amends section 2(a) to include members of military cadet
groups in the exemptions to the Act.
Clause 4(2)--omits sections 2(f) and 2(j). These sections presently
provide exemptions from the Act for Corrective Services officers and staff
of government museums. The exemptions available to these entities are
extended to a wider range of government entities. The provision is
redrafted and outlined in the new sections 2(2) to (8) discussed below.
Clause 4(3)--amends section 2(g) to remove a reference to persons
training to become security guards. This has the effect of widening the
exemption to any person engaged in training to obtain a licence under the
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Act.
Clause 4(4)--inserts the word "or" at the end of each paragraph in this
section where necessary. This has the effect of clarifying that each of the
provisions stands alone and are not intended to be cumulative.
Clause 4(5)--inserts new sub-sections (2) to (8). These provisions
create a scheme of exemptions from the Act for government departments
and other entities performing functions for or on behalf of the government.
Proposed section 2(2) exempts government service entities and their
employees from the operations of the Act, when the possession or use
of a weapon is necessary in carrying out the entity's function.
Proposed section 2(3) provides that the exemption granted to
government entities does not extend to an exemption from the safe
handling requirements of the Act and Regulation. The exemption is
also subject to certain conditions being met. These are outlined in
proposed sub-section (4).
Proposed section 2(4) provides that the exemption granted to
government entities applies only if the entity meets certain conditions.
These are that the entity must:
· notify the Commissioner of Police of the acquisition and
disposal of any weapon;
· maintain a register which records the storage place of the
weapon and each time a weapon is issued to an employee
and returned;
· notify the Commissioner of Police of the identity of any
employee to whom it is proposed to issue a weapon;
· before issuing a weapon, be satisfied that the employee
holds a licence under the Act, is trained in the use of the
weapon, and necessarily requires the weapon in the
performance of duty.
Proposed section 2(5) requires that an employee of a government
service entity may be issued with a weapon even if the employee's
licence does not authorise possession of the category of weapon
issued. For example, an employee of the Department of Primary
Industries may hold a firearms licence authorising possession of
category A and B weapons. That employee may be issued with a
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Weapons Amendment
Category C firearm in the performance of duty.
Proposed sections 2(6) and (7) exclude prescribed service entities and
their employees from a specific provision of sub-section 2(4). The
effect of this will be that employees of a prescribed entity will not be
required to have firearms licences in their own right before the
employee may issue firearms to them. This provision will apply to the
Corrective Services Commission and any other entity prescribed in
Regulation. They are intended to apply to government and private
entities which manage correctional facilities. In these cases, the
training undertaken is more stringent than the training normally
necessary to obtain a licence, and therefore requiring an employee to
have a licence is not necessary.
Proposed section 2(8) defines "government service entity" as any
department of the State Government, a State or Commonwealth
museum, the Corrective Services Commission, or another entity
prescribed under regulation. Government owned corporations, or
private organisations engaged by the State to provide a government
service may be prescribed in terms of this section.
Amendment of s 5 (Definitions
Clause 5(1)--omits a number of existing definitions.
Clause 5(2)--provides amended definitions of the terms omitted.
"Ammunition" is amended to use the definition provided in the
Explosives Act 1952. This is a `sign-post' definition which uses the
definition already developed in another Act. The purpose for doing so,
rather than developing a new definition, is that the Explosives Act is
the principal legislation regulating the purchase, possession and storage
of explosives, of which ammunition is included. The Weapons Act
deals with ammunition in a very limited way, and relies on the
provisions of the Explosives Act to regulate purchase and storage.
Defining the term in this way avoids the necessity to develop policy
specific to the Weapons Act, and taps into the policy already developed
for what is the principal regulatory scheme. Attempting to develop a
new definition creates a risk of developing two schemes which are
inconsistent, or which may over time become inconsistent. There is
also a further risk that any body of law which has developed around
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Weapons Amendment
the existing Explosives Act definition may not be applicable to this Act
after an attempt to redefine the term.
"Antique firearm" is amended to include firearms manufactured prior
to 1900 and which are not designed to discharge commercially
available cartridge ammunition. The words "commercially available"
have been added as some antique firearms are designed to accept
cartridge ammunition. Where cartridge ammunition is not
commercially available the firearm is included in the definition of
antique, and is therefore excluded from the scheme of the Act (see
definition of "firearm").
"Armourer" is amended to include the manufacture and modification
of weapons as the business of an armourer.
"Category A" through to "Category R" inclusive, are redefined to
reflect the removal of the categories from the Act and their replacement
in the Weapons Categories Regulation 1997".
"Public place" is now defined. Because this Bill creates a new offence
of carrying a knife in a public place, it has become necessary to define
the term.
"Purchase" is defined to mean obtain under a sale. This has been
inserted to give the term a meaning which is complementary to "sell",
which is also newly defined in this clause.
"Sell" is now defined. Section 36 of the Act creates an offence of
selling a weapon to a person unless the sale occurs under certain
circumstances. One of those circumstances is that the purchaser has a
permit to acquire the weapon. In some cases dealers have passed
possession of a firearm to a customer after a sale has been negotiated,
but before a permit to acquire has been obtained by the purchaser. The
supply of the firearm is said to be a `loan' until the permit is obtained.
To overcome these types of arrangements, the term "sale" is now
defined, and includes an agreement to sell.
Clause 5(3)--amends the definition of "major component part" by
inserting a comma after the word "barrel". The purpose of this is to correct
a drafting error so that "barrel" and "breech bolt" are clearly two distinct
items.
Clause 5(4)--amends the definition of "Weapon" to include firearms in
the definition, as well as to reflect the changed location of the weapons
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Weapons Amendment
categories.
Insertion of new ss 6A and 6B
Clause 6--inserts proposed sections 6A and 6B
Proposed section 6A provides definitions of "replica of a weapon' and
"replica". The Act currently defines only the term "replica". It was
seen as necessary to provide definitions of both, as the two terms are
used to mean different things throughout the Act. In some cases the
term "replica' is used to mean a replica of any weapon. In other
instances the term is applied to a specific item, such as a replica of a
speargun, which would not normally fall within the definition of a
weapon.
This definition also now includes permanently inoperable category A,
B, C and H weapons. This has the effect of removing items of this
type from the definition of a firearm, and therefore from the licensing
and registration scheme. This recognises that permanently inoperable
firearms of this type are largely analogous to replicas and should be
subject to the same regulatory burden.
Proposed section 6B provides a new definition of the term "security
guard". The amended definition takes into account that a security
guard may be protecting his or her own property, and recognises that
some licence holders have obtained firearms licences to allow them to
protect their own property. This has tended to apply to persons
carrying on a business in which large sums of cash or other valuables
are regularly carried. These licensees are acting as security guards, but
do not undertake the same level of training as a security guard.
This amendment will include persons such as this in the definition of
security guard, the result will be that a person who wishes to obtain a
firearm to protect his or her property, rather than engage a trained
security guard, will be required to undergo the same training as a
guard. The definition is a wide one, and will include a wide range of
persons who are employed in occupations which entail watching over
or guarding property. The vast majority of those persons are not
intended to be covered by the provisions of the Act. It is only when
those persons seek to carry a firearm in the course of their duties that
the Act will create any requirements on them
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Weapons Amendment
Amendment of s 7 (How a firearm is made "permanently inoperable")
Clause 7--inserts two further subsections for Section . This section
presently outlines that a firearm is permanently inoperable if it is rendered
so in the manner prescribed in the regulation. This clause
Proposed subsection (2) deems that a firearm is not rendered
permanently inoperable unless certified as such by an armourer or
other person approved by the Commissioner.
Proposed subsection (3) requires that the Commissioner may only
approve a person to perform this function only if satisfied that the
person has the adequate expertise or experience to fulfil the function.
Amendment of s 10 (Limitations on issue of licence)
Clause 8(1)--replaces section 10(4) to widen the range of circumstances
under which a person can be considered to have adequate knowledge of
firearms safety practices. Circumstances proposed for inclusion are:
· holding an authority in another jurisdiction, or
· completion of a course at least equivalent to that required of new
licence applicants.
This will allow the holder of a current licence in another jurisdiction to
avoid having to undertake a course in firearms safety on moving to
Queensland. Persons who have completed courses which are equivalent or
better than the course required of new applicants will also be able to avoid a
further basic course. This might include for example a person qualified by
the military who seeks a civilian licence under this Act.
Clause 8(2)--amends section 10(6) to clarify the time at which the
period mentioned in this section commences.
Clause 8(3)--replaces the word "firearm" with "weapon". This will
mean that a person convicted of an offence involving any type of weapon
will be deemed not fit and proper for a period of five years. Presently this
provision relates only to firearms offences.
Amendment of s 13 (Application for licence)
Clause 9(1)--renumbers section 13(4) in consequence of the insertion of
new subsections (3) and (4).
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Weapons Amendment
Clause 9(2)--inserts new subsections (3) and (4).
Proposed subsection (3) widens the means by which an applicant for a
licence may demonstrate that he or she is a genuine recreational
shooter. At present the Act only allows written permission from a
landowner to be used for this purpose. It is proposed that membership
of prescribed organisations may also be used to support a claim of
recreational shooting as the genuine reason for possessing a firearm.
Proposed subsection (4) allows an organisation to be prescribed only if
it is a rural landowner in its own right, or if it holds permission from a
landowner for its members to shoot on the landowners property.
Amendment of s 14 (Inquiries into application)
Clause 10(1)--renumbers sections 14(4) to (6) in consequence of the
insertion of new subsections.
Clause 10(2)--inserts new subsections (4) to (7) which seek to provide a
scheme which allows an authorised officer to make inquiries into the mental
and physical suitability of an applicant, and to this end, to provide
information about an applicant to a doctor or psychologist who has
provided an opinion as to the applicants suitability.
Proposed subsection (4) allows an authorised officer to release
information held by the Police Service if the authorised officer believes
that the practitioner who provided the opinion was not aware of the
information, and the information may influence the practitioner's
opinion.
Proposed subsection (5) allows the authorised officer to provide
further information. This allows a second opinion to be sought after
information has been provided to the practitioner.
Proposed subsection (6) requires the authorised officer to advise the
applicant if information is to be released pursuant to this section.
Proposed subsection (7) protects the authority to disclose information
under this section from the provisions of any other Act. This includes,
for example, the provisions of section 10.1 of the Police Service
Administration Act 1990 which create an offence to improperly
disclose information.
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Weapons Amendment
Amendment of s 15 (Authorised officer decides application)
Clause 11-- inserts proposed subsection 15(5). The provision deems
that when an application for a licence is rejected on the grounds that the
applicant is not a fit and proper person, the applicant is not entitled to
reapply for a licence for three years.
Amendment of s 20 (Term of Licence)
Clause 12--This amendment clarifies that a licence expires if the licensee
is disqualified from holding the licence.
Amendment of s 24 (Change in licensees circumstances)
Clause 13--omits section 24(2) and the examples which apply to it. In
its present form it is doubtful that, if a particular circumstance changes more
than once, a licensee is obliged to report the subsequent change. The
examples are moved into the substantive provision because this provides
for more clarity in the section.
Also in its present form, licensees would not be obliged to report
changes from the circumstances outlined in an application to renew a
licence.
This amendment also defines the term "representative" for the purpose
of this section.
Amendment of s 28 (Suspension of Licence)
Clause 14--widens the power to suspend a licence. The present power to
suspend exists only when an authorised officer is satisfied that a licensee
has been charged with certain offences, or is temporarily unable to comply
with a condition of the licence. In these cases suspension can last until the
charge is disposed of or the licensee is able to comply with all licence
conditions.
The existing provisions do not allow the suspension of a licence if an
authorised officer suspects that a licensee may no longer be a fit and proper
person. The amendment proposed provides that power to an authorised
officer. In such cases the suspension lasts until the authorised officer lifts
the suspension, or for thirty days, whichever is the sooner.
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Weapons Amendment
Amendment of s 29 (Revocation of licence)
Clause 15--amends section 29(1)(b) to replace the word "firearm" with
the word "weapon". This allows the revocation of a licence on conviction
for an offence involving weapons. In its present form, a revocation may be
invoked only if the conviction is for an offence involving a firearm.
Amendment of s 32 (Temporary recognition of interstate licences for
particular purposes)
Clause 16--amends section 32 to recognise interstate visitors licences.
In its present construction, section 32 allows a person who holds a licence
in another State to visit Queensland and possess a weapon on the basis of
that licence. This does not provide for a person who is not a resident, but
still holds a licence or permit, in another State. For example, a resident of
another country who plans to compete in a major shooting event in another
state would obtain the equivalent of a visitor's licence from that state.
In those circumstances, section 32 does not presently authorise that
person to possess or use a firearm while in Queensland. It may be however
that the visitor enters Australia through a Queensland port, or wishes to
train in Queensland in preparation for the competition. This situation is
inconsistent with the aim of nationally uniform legislation.
The proposed amendment removes the residency requirement of the
existing section to overcome this anomaly.
Amendment of Part 3 (Acquisition and sale of weapons)
Clause 17--amends the heading of part 3 and provides definitions for
the part. Part 3 of the Act is amended in later sections to include the
disposal of weapons into the legislative scheme. This clause amends the
headings of part 3 and Division 1 of that part to reflect the later changes. In
essence the word "disposal" is added to the headings.
This clause also inserts a new section 34A which defines the terms
"firearm" and "weapon" for the purposes of Part 3. The definitions have
the effect of removing barrels, breechbolts and top slides from the
acquisition and disposal scheme. This means that a licensed person may
purchase one of those items without the need to obtain a permit to acquire.
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Weapons Amendment
Amendment of s 35 (Acquisition of weapons)
Clause 18--amends section 35 to clarify what is intended by the term
"acquisition". Sub clause (1) inserts a further example for section 35(1)
and sub clause (2) widens the application of section 35(6).
These amendments are intended to provide that mere passing of physical
possession does not constitute acquisition by the receiver or disposal by the
giver. Some degree of permanency must attach to the passing. This will
allow a person to loan another person a weapon on a short term basis, or
have another person store a weapon on the owner's behalf for a short period
(other than on a commercial basis, in which case no time limit applies).
However if a weapon is loaned to another person or stored by another
person for more than three months, then a disposal and acquisition has
occurred, and the transaction is subject to the acquisition and disposal
requirements of the Act.
The definition of the term "purchase" is also removed. That definition
will now appear in section 5. (See clause 5).
Amendment of s 36 (Sale of weapons)
Clause 19--inserts the words disposes or disposal throughout section 36
so that the provisions of the section apply to any disposal of a weapon,
rather than be limited to selling, as is the case presently.
Amendment of s 39 (Limitations on issue of permits to acquire)
Clause 20--amends section 39(5) , which provides for a number of
circumstances under which an applicant for a permit to acquire is not to be
considered as a fit and proper person to be issued with a permit to acquire a
weapon. A similar provision exists in respect to the issue of licences at
section 10(6). This amendment brings the two provisions more closely into
line. To this end, section 39 is amended to include in the circumstances in
which a person is deemed not fit and proper:
· conviction of any offence involving a weapon, rather than a
firearm;
· subject to a domestic violence order;
The section is also amended to clarify the time period in which the
deeming provision applies.
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Weapons Amendment
Amendment of s 41 (Inquiries into application)
Clause 21--amends section 41. This section outlines the rights and
obligations of an authorised officer who is considering an application for a
permit to acquire. Section 14 provides for a similar scheme in relation to an
application for a licence and the two sections are intended to be largely
similar.
Clause 10 amends section 14 to include an ability for an officer to release
certain information to a doctor or psychologist. This clause amends section
41 for the same purpose.
Insertion of new s 51
Clause 22--creates a new offence of carrying a knife in a night club.
Knives used in the preparation or consumption of food are excluded from
this provision.
In this provision, a night club is licensed premises in which
entertainment is provided, and which is trading after 11.00pm. This is
achieved through defining the terms licensed premises and night club. The
effect is that the offence of carrying a knife occurs if the premises or the part
of the premises are open for trading and will be open after 11.00pm on that
day. For example, if a hotel offers a cabaret which is open until 1.00am, the
section of the hotel in which the cabaret is held is a night club, but only
while entertainment is being conducted. If the cabaret commences when a
band begins to play at 7.00pm, the premises are not a night club before that
time, even if they are open and trading.
Amendment of s 52 (Physical possession and use of a weapon
sometimes allowed for the purposes of training a minor)
Clause 23--amends section 52. This section currently refers to a "minor
over 11 years...". This term is changed to a person "...who is at least 11
years...". This makes the section consistent with expressions of age in
other parts of the Act and clarifies that the term includes a person who is
exactly 11 years old.
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Weapons Amendment
Amendment of s 55 (Use of weapons by unlicensed person at shooting
gallery allowed)
Clause 24--amends section 55 to impose an age limit which will apply
to persons who may use a firearm at a shooting gallery. In the case of paint
pellet sport activities (which are licensed as a shooting gallery) the
minimum age for participation will be 15 years. For other shooting
galleries the minimum age will be 11 years, consistent with the general
scheme of the Act.
Insertion of new s 55A
Clause 25--inserts a new section 55A which clarifies that a person to
whom a weapon is supplied by a licensed Theatrical Ordnance Supplier
may have possession of and use the weapon, provided the possession and
use is supervised by the supplier.
In the case of film and similar productions, when the use of a weapon is
necessary the item is normally supplied by a licensed Theatrical Ordnance
Supplier. There is, however, some doubt as to the position of the cast and
crew of film and similar productions in relation to those weapons. The
existing Act does not contain a provision dealing with this issue.
This section is intended to clarify that possession under these
circumstances is lawful.
Insertion of new s 60A
Clause 26--inserts new section 60A to create an obligation on a person
to report the loss or theft of a weapon to a police officer. The provision
applies not only to an owner of a weapon, but to the person who has
possession of it at the time it is lost or stolen.
Replacement of s 67 (Possessing and acquiring particular items
prohibited)
Clause 27--replaces the existing section 67 in its entirety. In its present
form, section 67 creates an offence to have in one's possession or acquire
certain items without reasonable excuse. The section provides for a range
of items including handcuffs and similar restraints, devices similar to
nanchaku (the martial arts weapon) or batons.
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Weapons Amendment
This section is omitted and replaced with a similar section of three
subsections.
Proposed subsection (1) creates an offence of having possession of a
restricted item without reasonable excuse. Restricted items will be
those items mentioned in the existing section, but will be relocated by
operation of this amendment.
Proposed subsection (2) is used to indicate that crowd control or traffic
control does not represent a reasonable excuse for which to have
possession of a restricted item. This provision is inserted to stop
security providers from wearing unnecessary weapons when
performing traffic control, or operating as bouncers in licensed
premises, or crowd controllers at other events.
Proposed subsection (3) defines a restricted item as one mentioned in
the Weapons Categories Regulation. That regulation is created on the
commencement of Part 5 of this Bill.
Amendment of division heading
Clause 28--Amends the heading of Division 2. Division 2 of part 4 of
the Act currently deals with Dealers and Armourers. The division heading
is changed to reflect amendments which also include the employees of
dealers and armourers.
Replacement of s 70 (Age of employees)
Clause 29--amends section 70, which currently requires that an
employee of a dealer must be at least 18 years of age. This section is
replaced and will now require that an employee of a dealer or armourer
must be 18 years and must also have a licence under the Act.
This section will apply to any employee who will have access to
weapons as a result of their employment. It will also be immaterial what
categories of weapons the employees own licence authorises possession of.
This means that an employee who holds a licence authorising possession of
category A and B weapons only, may obtain access to other categories of
weapons in the course of employment by a licensed dealer.
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Weapons Amendment
Amendment of s 72 (Annual returns by licensed dealers)
Clause 30--omits an unnecessary reference to the former schedules.
The term was left in the Act in error during the amendments which
removed the former schedules.
Amendment of s 73 (Dealer etc. to require information)
Clause 31--amends section 73 to clarify that a dealer or armourer may
only do business with a person who provides all of the identifying
information prescribed under the regulation. The present reference to "any"
prescribed particulars is unclear.
Amendment of s 75 (Collector to be licensed)
Clause 32--removes an unnecessary phrase from section 75 and makes
it clearer to the reader.
Collectors are generally licensed to collect all categories of weapons and
in any case it is possible to limit the type of weapons collected by imposing
a condition on the licence. This makes the condition superfluous as it
presently appears in the section.
Amendment of s 77 (Collector's licence(weapons))
Clause 33--amends the provisions relating to the types of weapons a
collectors licence authorises possession of. An amendment to the definition
of Replica, discussed in clause 6 above, has the effect of moving
permanently inoperable category A, B, C and H weapons into the definition
of replica weapons. This has the effect of removing these items from the
licensing and acquisition schemes.
This means that making the words "or permanently" as they appear in
section 77(2)(b) unnecessary. This amendment removes those words.
Amendment of s 100 (limits on approvals)
Clause 34--amends section 100. This section presently allows that a
range may be approved only if it is conducted by an approved shooting
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Weapons Amendment
club. This has been found to be unnecessarily restrictive, in that other
bodies may have a legitimate need to conduct a shooting range. These
include bodies who are conducting training for persons to obtain a licence
under the Act, or associations which conduct ranges on behalf of a number
of shooting clubs. This amendment widens the existing provision to allow
such bodies the opportunity to conduct an approved range.
Amendment of s 101 (Authorised officer may grant or refuse range
approval)
Clause 35--amends section 101, which outlines the conditions which an
authorised officer must be satisfied are met before he or she may approve a
range. These include that the range will be used for the sport of target
shooting. Because of the amendments to section 100 training will now also
be a legitimate use for a range.
This amendment includes training as a use to which a range may be put.
Amendment of s 108 (Responsibilities of range operator)
Clause 36--amends section 108. This section presently requires that a
range operator ensures that persons using a range are supervised by a range
officer. The section also requires that the range officer is licensed to
possess the category of weapon being used on the range.
This has proved unworkable in practice, as persons attending a range
may be licensed for any category of weapon. In its practical application this
has meant that range officers have needed to be licensed for all categories of
weapons. As very few people are so licensed, the provision has proven
virtually impossible to comply with.
It is also suggested that basic safety procedures apply to all categories of
weapons, and a person appointed as a range officer need not necessarily be
licensed for all categories of weapons in order to properly supervise their
use at a range.
To overcome this problem the proposed amendment removes the
requirement for a range officer to be licensed for all categories of weapons
being used on the range. The range officer will need only be the holder of a
firearms licence of any category.
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Weapons Amendment
Amendment of s 110 (Responsibilities of person attending an
approved range)
Clause 37(1)--replaces an incorrect reference to a weapon "type" with
the correct term weapon "category".
Clause 37(2)--inserts a new subsection 110(3) which requires a person
attending a range to comply with a direction of a range officer. The Act
places responsibilities on both range operators and range officers to ensure
persons attending the range do not contravene the Act. These
responsibilities are not presently accompanied by any authority to give
directions in fulfilment of this responsibility.
This amendment inserts such an authority and creates an offence for a
person who fails to comply with a direction.
Any direction given by the range officer must be given for the purposes
of the Act or for safety reasons.
Amendment of s 115 (Theatrical ordnance suppliers to be licensed)
Clause 38--amends section 115 to clarify that the reference to a replica is
a reference to a replica of a weapon.
Replacement of s 116 (Employees of theatrical ordnance suppliers)
Clause 39--Replaces section 116 to require that an employee of a
theatrical ordnance supplier must be 18 years and must also have a licence
under the Act. The present section requires only that an employee of a
theatrical ordnance supplier must be at least 18 years of age.
This section will apply to any employee who will have access to
weapons as a result of their employment. It will also be immaterial what
categories of weapons the employees own licence authorises possession of.
This means that an employee who holds a licence authorising possession of
category A and B weapons only, may obtain access to other categories of
weapons in the course of employment by a theatrical ordnance supplier.
Replacement of s 125 (Control over way security guard carries
weapon)
Clause 40--replaces section 125 which, in its present form, allows a
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Weapons Amendment
regulation to prescribe the way in which a security guard carries a weapon.
There is some doubt that this would allow a regulation to prescribe the
times and circumstances in which a weapon may be carried. This
amendment clarifies that position.
Amendment of s 126 (Security guard must record prescribed
information)
Clause 41--amends section 126 which presently requires a security
guard who possesses or uses a weapon in the course of duty to complete
the register maintained by the employing organisation. It is proposed to
impose a similar condition on self employed security guards through the
insertion of section 126A.
This section is amended to clarify that it refers only to security guards
who are employed by a security company.
Insertion of new s 126A
Clause 42-- inserts a new section 126A which requires a self employed
security guard to maintain a register in which prescribed details are
recorded. The regulation will prescribe details relating to possession and
use of a weapon.
Amendment of s 155 (Disqualification by a court)
Clause 43--amends section 155 which provides the power for a court to
revoke a licence if a person is convicted of an offence or subject of an order.
This amendment clarifies that the court may also revoke a permit to acquire.
The amendment also provides that a when a court disqualifies a person
from holding or obtaining a licence, any licence, permit or approval held by
the person is revoked by virtue of the disqualification.
Omission of s 160
Clause 44--omits section 160. This is a procedural section which
requires any circumstance of aggravation to be charged in the complaint if it
is to be relied on during a hearing. The section also provides that a person
may be convicted of an offence without any circumstance of aggravation
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Weapons Amendment
charged in the complaint.
Due to a recent amendment to the Justices Act this section may now be
inconsistent with the provisions of section 47(4) of that Act, which creates
certain procedural requirements when alleging circumstances of
aggravation. Moreover, the matters dealt with in this section are adequately
covered by the procedural provisions of the Justices Act and the Criminal
Code.
As such the section is now redundant. There exists also the potential for
conflict between the provisions mentioned. These problems are avoided by
omission of the section.
Insertion of new s 168A
Clause 45--inserts a new section 168A. One of the reasons which may
be relied on to obtain a licence is that the applicant is a recreational shooter.
To establish this reason the applicant must produce permission from a rural
landowner to shoot on his or her rural land. This amendment creates a
requirement on certain landowners to maintain a register to record those
permissions.
This provision also deems that any permission given to an organisation
for its members to shoot on the rural land is to be counted as one
permission.
Amendment of s 173 (Definitions for part 8)
Clause 46--amends the definition of the term "new Act" for the
purposes of the part. The Act currently defines the terms "new Act" and
"former Act". It was necessary to do this as a result of major amendments
put in place by the Weapons Amendment Act 1996. That Act effected major
changes to the scheme of weapons licensing and acquisition, and it was
necessary to provide for an amnesty period in which the changes could
occur. For this reason the transitional arrangements set out in part 8 refer to
the former Act and the new Act. These terms mean, respectively, the Act
as in force before and after the commencement of the 1996 amending Act.
The definition of "new Act" is amended so that there is no doubt that the
term refers to the Act as in force as at the commencement of the Weapons
Amendment Act and thereafter.
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Weapons Amendment
Amendment of s 174 (Existing licences continue during amnesty)
Clause 47--amends the provisions of section 174 relating to expiration
of licences at the end of the expiry period. Section 174 provides that
existing licences will expire at the end of the amnesty period, unless sooner
suspended, cancelled, revoked or expires. The purpose of this arrangement
was to allow holders of licenses under the former licensing scheme the
opportunity to apply for a licence under the new scheme. The amnesty
period ends on 30 September 1997.
This may create an administrative problem in that it is expected that some
licensees will wait until close to the end of the amnesty period before
applying for a new licence. The Police Service will be unable to undertake
the requisite checks on the licensee, and process the application until after
the end of the amnesty period. The effect of this will be that any licence
held by such a person will expire, and the person will then automatically
commit an offence by possession of any firearms.
To avoid this problem, it is proposed to amend section 174(1) which will
deem that an existing licence continues in force at the end of the amnesty
period, provided that the licensee has made an application for a new licence.
The licence will remain in force until the application has been determined
and the applicant is advised in writing of the decision to either renew the
licence or reject the application.
This section will also expire on 31 March 1998. This will prevent the
continuation of a licence indefinitely because an authorised officer does not,
or neglects to make a decision concerning an application for a new licence.
Amendment of s 179 (Compensation)
Clause 48--amends section 179 to rectify a possible conflict with
Commonwealth legislation. To facilitate the national firearms buy-back
scheme, the Commonwealth Government legislated, through the National
Firearms Program Implementation Act 1996 (Cwlth), to refund the State
for compensation paid out for surrendered firearms. Section 179 presently
provides that compensation to owners of weapons is payable for category C
and D weapons.
The use of the term "category C and D weapons" is inaccurate in
identifying the types of weapons for which the Commonwealth will refund
23
Weapons Amendment
the State. The Commonwealth Act describes the types of weapons in full,
and does not identify any categories.
Section 179 is amended to more accurately reflect the scheme set out in
the Commonwealth Act.
Amendment of s 180 (Expiry of part 8)
Clause 49--amends section 180 to exclude section 174 from expiry of
the whole part on 30 September 1998. Section 174 will now expire on 31
March 1998. (See clause 48)
Omission of sch 1
Clause 50--omits schedule 1 of the Act. Schedule 1 contains the
descriptions of weapons within each category. These will now appear in the
Weapons Categories Regulation, which is created by operation of clause 58.
Amendment of sch 2
Clause 51--amends schedule 2 which provides for the subject matter for
regulations to the Act. This schedule is amended by removing the number
2 from the heading so that the schedule is unnumbered. This is necessary
as a result of the omission of schedule 1.
The schedule is also amended by inserting a further matter for regulation.
This is the declaration of weapons into a particular category for the purposes
of the Act.
PART 3--AMENDMENT OF DRUGS MISUSE ACT
1986
Act amended
Clause 52-- identifies the Drugs Misuse Act as the Act being amended
by this part.
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Weapons Amendment
Omission of s 60 (Non-application of Statutory Instruments Act, pt 7)
Clause 53--Omits section 60. This section of the Act presently exempts
the Drugs Misuse Regulation 1987 from the staged automatic expiry
provisions of the Statutory Instruments Act. This section is omitted,
however the Regulation will remain exempted by an amendment to the
Statutory Instruments Act. This is effected by part 4 of this legislation.
PART 4--AMENDMENT OF STATUTORY
INSTRUMENTS ACT 1992
Act amended
Clause 54--identifies the Statutory Instruments Act as the Act being
amended by this part.
Amendment of s 57 and Insertion of new schedule
Clauses 55 and 56--amends section 57 of the Act, to modify the scheme
for exemptions from staged automatic expiry.
Part 7 of the Statutory Instruments Act provides a scheme in which
subordinate legislation automatically expires ten years after it is made.
Section 57 of the Act allows for an extremely limited range of exemptions
from the expiry provisions, and until recently no other subordinate
legislation had been exempted.
In 1996 the Drugs Misuse Act was amended to exempt the Drugs
Misuse Regulation from the expiry provisions. This legislation now seeks
to also exempt the Weapons Categories Regulation from exemption.
The need for this exemption arises because of the importance which is
now placed on the Regulation. The Weapons Categories Regulation will
contain all descriptions of weapons and their categories to which the Act
applies. If the regulation was to expire, the Act would become largely
ineffective. The description of weapons categories is a vital element of the
Act's overall scheme.
It is also true that it may become necessary to amend the categories of
weapons as a matter of urgency. When a new item is offered for sale, and
it is clear that the item should be scheduled, the item can continue to be sold,
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Weapons Amendment
carried and used until the legislation is changed. It is clearly easier and
quicker to amend a Regulation for this purpose.
For these reasons a new Regulation is created which contains only the
weapons categories and restricted articles, and this Regulation is protected
from automatic expiry. The Weapons Regulation 1996, which contains
extensive regulatory provisions, remains subject to the automatic expiry
provisions.
To facilitate this, the Statutory Instruments Act is amended by creating a
schedule of subordinate legislation which is exempted from part 7. The
Weapons Categories Regulation, as well as the existing exemption for the
Drugs Misuse Regulation are included in this schedule.
PART 5--GENERAL
Making of Weapons Categories Regulation 1997
Clause 57--creates the Weapons Categories Regulation 1997 which is
set out in full in schedule 1. The specific provisions also clarify that despite
the fact that the Regulation is created by an Act, the newly created
Regulation becomes a Regulation when this legislation commences.
Clause 59 Repeal
Clause 58--Repeals the Act on 31 December 1998. Normally an Act
such as this, which is used only to amend another Act or Acts, will be
automatically repealed by operation of section 22C of the Acts
Interpretation Act 1954. That section provides for the automatic repeal of
amending Acts after all provisions of the Act have commenced. This Act
does not fall within the operation of that provision
For this reason it is necessary to repeal the Act after all its provisions
have commenced. The date for repeal was chosen to provide ample time
for all provisions to be commenced.
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Weapons Amendment
© The State of Queensland 1997