Control of Weapons Regulations 2021 (Vic)

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Version No. 001

Control of Weapons Regulations 2021

S.R. No. 138/2021

Version as at


26 November 2021

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocations

5Definitions

6Body armour

7Controlled weapons

8Prohibited weapons

9Identification

10Recording sales of prohibited weapons

11Application fees for approval

12Search records

Schedule 1—Controlled weapons

Schedule 2—Prohibited weapons

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Control of Weapons Regulations 2021

S.R. No. 138/2021

Version as at


26 November 2021

1Objectives

The objectives of these Regulations are to prescribe—

(a)certain articles as prohibited weapons; and

(b)certain articles as controlled weapons; and

(c)certain garments or items as body armour; and

(d)categories of documents that a person may produce as evidence of identity when purchasing a prohibited weapon; and

(e)the form of record and the information to be kept in a record of every sale of a prohibited weapon; and

(f)fees to accompany an application for an approval under the Act; and

(g)the particulars to be included in a record of a search conducted without warrant under the Act.

2Authorising provision

These Regulations are made under section 12 of the Control of Weapons Act 1990.

3Commencement

These Regulations come into operation on 26 November 2021.

4Revocations

The following Regulations are revoked—

(a)the Control of Weapons Regulations 2011[1];

(b)the Control of Weapons Amendment Regulations 2012[2].

5Definitions

In these Regulations—

rankhas the same meaning as in the Victoria Police Act 2013;

the Act means the Control of Weapons Act 1990.

6Body armour

For the purposes of paragraph (b) of the definition of body armour in section 3(1) of the Act, a garment or item that is designed, intended or adapted for the purpose of protecting the body from the effects of a firearm, other than a helmet or an item used to protect the face, eyes or ears, is prescribed to be body armour.

7Controlled weapons

For the purposes of paragraph (b) of the definition of controlled weapon in section 3(1) of the Act, a controlled weapon is an article listed in Schedule 1.

8Prohibited weapons

For the purposes of the definition of prohibited weapon in section 3(1) of the Act, a prohibited weapon is an article listed or described in Schedule 2.

9Identification

For the purposes of section 5A(1) of the Act, the following categories of documents are prescribed—

(a)a full birth certificate or extract of birth;

(b)a certificate of Australian citizenship;

(c)a marriage certificate;

(d)an immigration or identity document issued by the Commonwealth that includes the date of birth, a photograph and the name or former name of the individual;

(e)a health care card, pensioner concession card or seniors health card issued by the Commonwealth;

(f)any other card issued by the Commonwealth that certifies entitlement to Commonwealth health concessions;

(g)an identification card issued by a tertiary education institution;

(h)a licence issued under the Firearms Act 1996;

(i)if the purchaser is an incorporated body—

(i)the certificate of registration or incorporation of the body; and

(ii)a document from a category specified in paragraphs (a) to (h) in relation to the officer of the body who is purchasing on behalf of the body;

(j)if the purchaser is a member of a partnership—

(i)the certificate of registration of the partnership; and

(ii)a document from a category specified in paragraphs (a) to (h) in relation to the member who is purchasing on behalf of the partnership.

10Recording sales of prohibited weapons

(1)For the purposes of section 5B(2)(a) of the Act, the prescribed form is—

(a)a bound record book; or

(b)a computerised record-keeping system.

(2)For the purposes of section 5B(2)(a) of the Act, the following information is prescribed—

(a)an accurate description of the prohibited weapon sold, including any identifying mark or serial number on the weapon;

(b)the full name, address, telephone number and date of birth of the purchaser of the prohibited weapon or of the officer of an incorporated body or member of a partnership who is purchasing on behalf of the body or partnership;

(c)if the purchaser of the prohibited weapon, or on whose behalf the prohibited weapon is purchased—

(i)is a business, the ABN of the business; or

(ii)is a company, the ACN of the company; or

(iii)is a registered body, the ARBN of the registered body; or

(iv)is an incorporated association (within the meaning of section 3 of the Associations Incorporation Reform Act 2012), the unique registration number assigned under section 8(2) of that Act;

(d)evidence of the purchaser's approval under section 8C(1) of the Act from the Chief Commissioner of Police or exemption under section 8B(1) of the Act from the Governor in Council to purchase the prohibited weapon;

(e)details of the identification provided under section 5A(1) of the Act by the purchaser;

(f)the date and time of the sale of the prohibited weapon;

(g)the name and address of the seller.

11Application fees for approval

(1)Subject to subregulation (2) and for the purposes of section 8C(3)(c) of the Act, the prescribed fee is—

(a)in the case of an applicant who does not hold a current licence issued under the Firearms Act 1996, 13×5 fee units; or

(b)in the case of an applicant who holds a current licence issued under the Firearms Act 1996, 11×5 fee units; or

(c)in the case of an application to vary an approval, 5 fee units.

(2)The prescribed fee is nil if—

(a)the applicant holds a current licence issued under Part 3 of the Firearms Act 1996; and

(b)the application relates to imitation firearms for the purpose of carrying on the business of being a firearms dealer.

(3)In this regulation—

carrying on the business of being a firearms dealer has the same meaning as in Part 3 of the Firearms Act 1996.

12Search records

For the purposes of section 10A(1) of the Act, the following particulars are prescribed—

(a)the date of the search;

(b)the time of the search;

(c)the place where the search took place;

(d)the name, rank and registered number of the police officer or the name, rank and identification number of the protective services officer who conducted the search;

(e)the name of the person searched or a description of the person if the police officer or protective services officer conducting the search is unable to obtain the name of the person;

(f)the name of the parent, guardian, independent person or other person present during the search (as applicable) in the case of a search of a child or a person with impaired intellectual functioning carried out under clause 5 or 7 of Schedule 1 to the Act;

(g)the grounds relied on for conducting the search;

(h)if applicable, a description of any vehicle or thing searched;

(i)a description of any item detected, seized or detained that the police officer or the protective services officer conducting the search reasonably suspects is a prohibited weapon, a controlled weapon, or a dangerous article being possessed contrary to law.

Schedule 1—Controlled weapons

Regulation 7

1 Spear gun.
2 Baton or Cudgel, being a short stout stick made of any material designed as a weapon, including the weapon commonly known as a "police nightstick".
3 Bayonet, being a thrusting, striking or cutting weapon designed to be attached to a firearm.
4 Cattle prod.

Schedule 2—Prohibited weapons

Regulation 8

1 Flick knife, being a knife designed or adapted so that the blade is concealed when folded or recessed into the handle and which opens by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife.
2

Dagger, being a sharp pointed stabbing instrument (other than an oyster knife), ordinarily capable of being concealed on the person and having—

(a)  a flat blade with cutting edges (whether serrated or not serrated) along the length of both sides; or

(b)  a needle-like blade, the cross section of which is elliptical or has 3 or more sides, but not including instruments such as swords or bayonets.
3 Knuckle knife, being an open or exposed blade or similar instrument attached to a handle that is designed or adapted to be held between the knuckles (including the device commonly known as the "Urban Pal Knife").
4

An article that is designed to include a concealed knife or sword blade, including but not limited to—

(a)  a belt or similar article designed or adapted to hold a knife, dagger or similar instrument so that the presence of the knife, dagger or similar instrument is concealed or disguised as part of the belt or similar article when it is worn (for example, an article known as the "Bowen Knife Belt"); and

(b)  a swordstick, being a cane, stick or similar article designed or adapted to hold the blade of a sword so that it is concealed from view until withdrawn from the cane, stick or article; and

(c)  a riding crop designed or adapted to hold a blade or spike so that it is concealed from view until withdrawn from the crop.
5 Butterfly knife, being a knife with a 2 piece handle that folds together to cover both edges of the blade, whether the blade is serrated or not serrated.
6 Double-end knife, being a knife that has the appearance of 2 overlapping curved blades joined together so as to form an ellipse shape.
7 A knife that is designed or adapted so that the blade is concealed by a plastic, wooden or metal sheath which retracts into the handle of the knife by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife (including the knife commonly known as the "Black Eagle Knife").
8 Push knife or similar device designed as a weapon that consists of a single-edged or multi-edged blade or spike of any material that has a handle fitted transversely to the blade or spike and allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action.
9 Trench knife or similar device that consists of a single‑edged or multi-edged blade or spike of any material that is fitted with a handle made of any hard substance that can be fitted over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or blow, or that is adapted for such use.
10 Throwing blade, being a knife or axe of any material that is designed or modified to be thrown.
11 Ballistic knife, being a device or instrument designed or adapted to fire or discharge a knife, dagger or similar instrument by mechanical, percussive or explosive means.
12 Non-metal/ceramic knife, being a knife, blade or spike of which no part is metallic, excluding plastic cutlery.
13

Crossbow, being a type of bow fixed transversely on a stock grooved to direct a dart, bolt or arrow and being, in particular—

(a)  a Pistol Crossbow, being a crossbow that is reasonably capable of being carried or concealed about the person and of being raised and discharged by one hand; and

(b)  a General Category Crossbow, being a crossbow that is not a Pistol Crossbow.
14 Blow gun, being a blow pipe or similar device or instrument designed to propel an arrow, dart or similar projectile by air expelled from the mouth.
15 A dart designed to be projected from a blow gun or similar device.
16 A hunting sling or slingshot designed or adapted to be used with an arm brace which fits or rests on the forearm to support the wrist from the tension of the elastic material used to propel the projectile (including the device commonly known as the "Saunders Falcon Hunting Sling").
17 A catapult, shanghai or hunting sling (without an arm brace as described in item 16) that is manufactured and intended for commercial distribution.
18 A dart projector (for example, an article commonly known as the "Darchery Dartslinger") or any similar device that is manufactured and intended for commercial distribution.
19 A slingshot that is manufactured and intended for commercial distribution.
20 An article designed or adapted to discharge oleoresin capsicum spray.
21 An article designed or adapted to emit or discharge an offensive, noxious or irritant liquid, powder, gas or chemical so as to cause disability, incapacity or harm to another person.
22 An article designed or adapted to emit an electric current into a human body for the purposes of incapacitation or injury.
23 An acoustic anti-personnel device that is designed to cause permanent or temporary incapacity or disability, or to otherwise physically disorientate a person.
24 Shark Dart or any other similar device that is designed to expel, on or after contact, any gas or other substance capable of causing bodily harm.
25 Extendable baton, being a baton designed or adapted so that the length of the baton extends by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the baton.
26

Knuckleduster, being a device or instrument designed or adapted to be worn across a knuckle or knuckles of the hand, finger, fingers or thumb so as to—

(a)  increase the force or impact of a punch or blow when striking another person with that hand, finger, fingers or thumb; or

(b)  protect the knuckle or knuckles from injury when striking another person with that hand, finger, fingers or thumb.
27 Weighted glove, being a glove or any other similar article designed or constructed to be used as a weapon (including a fingerless glove), that has weighted material sewn into it to increase the effect of a punch or blow.
28 Studded glove, being a glove or any other similar article designed or constructed to be used as a weapon (including a fingerless glove), that has a number of raised studs or spikes made of a hard substance and positioned over the back of the glove to increase the effect of a punch or blow.
29 A mace or any other similar article capable of causing injury that consists of a club or staff fitted with a flanged or spiked head, other than a ceremonial mace made for and used solely as a symbol of authority on ceremonial occasions.
30 A flail or any other similar article that consists of a staff or handle that has fitted to one end, by any means, a freely swinging striking part that is armed with spikes or studded with any protruding matter.
31 A whip with metal lashes.
32 A cat-o'-nine-tails with knotted lashes.
33 A hand-held battery-operated article commonly known as a "laser pointer" designed or adapted to emit a laser beam with an accessible emission limit of greater than 1 mW.
34 An article that consists of a baton or stick constructed in such a way that it can be unscrewed or broken so as to form 2 or more parts joined by chain, rope or cord, including the martial arts weapons known as "Baton-chucks" or "Bo-chucks".
35 A scythe or sickle-shaped article designed as a weapon that has a fixed or folding blade, and which may or may not have a chain attached, including the martial arts weapon known as "Kama".
36 An article consisting of a chain, rope or cord with a wooden or metal baton, stick or rod attached at each end, including the martial arts weapons known as "Kasari-Fundo", "Kusari-Fundo" and "Manrikigusari".
37 A stick or rod of any material designed as a weapon to be applied to the pressure points of the human body, including the martial arts weapon known as "Kubotan".
38 An article designed to be attached to, or worn on, the hands or feet, that has claws attached, including the martial arts weapons known as "ninja climbing claws", "ninja hand claws" and "ninja foot claws".
39 An article that consists of 2 sticks, rods or batons joined by a chain, rope or cord, including the martial arts weapon known as "Nunchaku".
40 Sai or Jitte, being a short, tapered, metal rod, dull at the point, with flared metal prongs guarding the handle.
41 An article consisting of a curved blade pointed at both ends with a handle attached to the middle, including the martial arts weapon known as "Suan Ywe Gou".
42 An article consisting of a blade or blades with chain, rope or cord attached for the purpose of enabling the blade to be thrown and retrieved, including the martial arts weapon known as "Shoge", "ninja Kyokeysu-Shoge" or "Kyotetsu Shoge".
43 Throwing star, being a sharpened star-shaped article designed for throwing, including the martial arts weapon known as "Surikan", "Suriken" or "Shaken" (including where the throwing star is attached to a belt-buckle).
44 An article consisting of a handle and an edged blade, joined by chain or a combination of chain and metal pieces or steel rods, designed to be used as a whip, including the martial arts weapon commonly known as "Chinese whip", "whip spear", "7 piece iron chain", "9 piece iron chain", "Bian Tzu Chiang" or "Lien Tzu Chiang".
45 The martial arts weapon known as a "Butterfly Sword".
46 The martial arts weapon known as a "Tonfa".
47 Sword, being a thrusting, striking or cutting weapon with a long blade having 1 or 2 edges and a hilt or handle.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Control of Weapons Regulations 2021, S.R. No. 138/2021 were made on 16 November 2021 by the Governor in Council under section 12 of the Control of Weapons Act 1990, No. 24/1990 and came into operation on 26 November 2021: regulation 3.

The Control of Weapons Regulations 2021 will sunset 10 years after the day of making on 16 November 2031 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Control of Weapons Regulations 2021 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details


[1] Reg. 4(a): S.R. No. 140/2011 as amended by S.R. No. 65/2012.

[2] Reg. 4(b): S.R. No. 65/2012.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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