Attorney General Regulations Amendment (Firearms) Regulations 2024 (WA)

Western Australia

Prohibited Behaviour Orders Act 2010 Restraining Orders Act 1997 Spent Convictions Act 1988

Attorney General Regulations Amendment (Firearms) Regulations 2024

Western Australia

Attorney General Regulations Amendment (Firearms) Regulations 2024 Contents Prohibited Behaviour Orders Act 2010 Restraining Orders Act 1997 Spent Convictions Act 1988

Prohibited Behaviour Orders Act 2010 Restraining Orders Act 1997 Spent Convictions Act 1988

Attorney General Regulations Amendment (Firearms) Regulations 2024

Made by the Governor in Executive Council.

Part 1 – Preliminary1.Citation

These regulations are the Attorney General Regulations Amendment (Firearms) Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  Part 1 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on the day on which the Firearms Act 2024 section 440 comes into operation.

Part 2 – Prohibited Behaviour Orders Regulations 2011 amended3.Regulations amended

This Part amends the Prohibited Behaviour Orders Regulations 2011.

4.Regulation 6 amended

• (1)

  In regulation 6(2)(b)(ii) delete “Firearms Act 1973.” and insert:

   

Firearms Act 2024.

• (2)

  Delete regulation 6(3).

5.Regulation 7 amended

Delete regulation 7(5) and insert:

• (5)

  This regulation —

  • (a)

    is subject to the exercise by the Commissioner of functions under the Firearms Act 2024 Part 4 Division 8 or 9, Part 8 or any other provision of that Act; and

  • (b)

    does not require the Commissioner to return a firearm item or firearms authorisation to a person if the Commissioner is not satisfied the person is entitled to its lawful possession under the Firearms Act 2024.

     
  Part 3 – Restraining Orders Regulations 1997 amended

6.Regulations amended

This Part amends the Restraining Orders Regulations 1997.

7.Regulation 5 amended

Delete regulation 5(2) to (5) and insert:

• (2)

  Subregulation (1) —

  • (a)

    is subject to the exercise by the Commissioner of functions under the Firearms Act 2024 Part 4 Division 8 or 9, Part 8 or any other provision of that Act; and

  • (b)

    does not require the Commissioner to return a firearm item or firearms authorisation to the restrained person or a co‑licensee of the firearm item if the Commissioner is not satisfied the person is entitled to its lawful possession under the Firearms Act 2024.

• (3)

  Subregulation (4) applies to a firearm item held by the Commissioner under subregulation (1) if —

  • (a)

    after the restraining order ceases to be in force, the Commissioner is satisfied that neither the restrained person nor any co‑licensee of the firearm item is entitled to lawful possession of the firearm item under the Firearms Act 2024; or

  • (b)

    if paragraph (a) does not apply — the firearm item has not been reclaimed by a person entitled to its lawful possession within 1 month after the restraining order ceases to be in force.

• (4)

  The Commissioner may deal with the firearm item under the Firearms Act 2024 section 368(3) and (4) as if a person entitled to its lawful possession cannot be identified or cannot be found.

   

8.Regulation 5A replaced

Delete regulation 5A and insert:

5A. Dealing with firearm items seized (Act s. 62B(2)(c) and (4))

The Criminal and Found Property Disposal Act 2006 applies to a firearm item seized under section 62B(2)(c) of the Act as if the firearm item were seized in the course of a criminal investigation by the Police Force of Western Australia, and the firearm item is to be dealt with by the Commissioner of Police accordingly.

Part 4 – Spent Convictions Regulations 1992 amended9.Regulations amended

This Part amends the Spent Convictions Regulations 1992.

10.Schedule 1 amended

In Schedule 1 item 4 delete “Firearms Act 1973,” and insert:

Firearms Act 2024,

K. COLLERAN, Clerk of the Executive Council