Corrective Services Regulations Amendment (Firearms) Regulations 2022 (WA)

5398 GOVERNMENT GAZETTE, WA 18 November 2022

JU303

Prisons Act 1981

Sentence Administration Act 2003

Corrective Services Regulations Amendment

(Firearms) Regulations 2022

SL 2022/191

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.     Citation

These regulations are the Corrective Services Regulations
Amendment (Firearms) Regulations 2022.

2.    Commencement

These regulations come into operation as follows —

(a) Part 1 — on the day on which these regulations are

published in the Gazette;

(b) the rest of the regulations — on 19 November 2022.

Part 2 — Prisons Regulations 1982 amended

3.      Regulations amended

This Part amends the Prisons Regulations 1982.

4.      Regulation 24 amended

(c) ammunition.

(1) Before regulation 24(1) insert:

(1A) In this regulation —

firearm item means any of the following as defined in

the Firearms Act 1973 section 4 —

(a)	a firearm;
(b)	a major firearm part;

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(2)	Delete regulation 24(1) and insert:
(1) A prison officer may be required to undertake training in the use of a firearm item and may after that training, when on duty, be required to carry the firearm item.
(3)	In regulation 24(2) delete "Firearms and ammunition shall" and insert:
A firearm item may
(4)	Delete regulation 24(3) and insert:
(3) When on duty under arms, a prison officer must

(a)	be responsible for any firearm item issued to the officer; and
(b)	ensure that any firearms are properly loaded and that the officer is carrying the appropriate ammunition for those firearms; and
(c)	handle the firearm item so that an accident cannot occur; and
(d)	report to the officer's superior officer immediately if the officer has any reason to doubt the serviceability of the firearm item; and
(e)	remain alert and vigilant at the officer's post; and
(I)	immediately the officer observes any irregularity in the routine of the prison which may jeopardise the security of the prison, report the irregularity to the superintendent or another
prison officer (receiving officer), being their
superior officer or the nearest prison officer with whom they can communicate, and the receiving officer must immediately inform the superintendent of the report; and
(g)	as soon as practicable, report to their superior officer any discharge of any firearms or loss or damage to the firearm item.

(5) In regulation 24(4):

(a) delete "shall" and insert:

must

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(b) in paragraph (a) delete "firearms;" and insert:

firearm item;

(c) in paragraph (b) delete "firearms" and insert:

firearm item

(d) in paragraph (c) delete "him." and insert:

the officer.

Note: The heading to amended regulation 24 is to read:

Responsibility when carrying firearm items

5.            Regulation 25 amended

(1) In regulation 25(1):

(a) delete "shall," and insert:

must,

(b) in paragraph (b) delete "shall" and insert:

must

(2) In regulation 25(3):

(a) delete "his" and insert:

the

(b) delete "shall" and insert:

must

Part 3 Sentence Administration Regulations 2003

amended

6.            Regulations amended

This Part amends the Sentence Administration
Regulations 2003.

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7. Regulation 21 amended

(1) Delete regulation 21(1) and insert:

(1) Subregulation (1A) applies if under section 91 of the

Act a person seizes —

(a) any of the following as defined in the Firearms

Act 1973 section 4 —

(i)      a firearm;

(ii)    a major firearm part;

(iii) a sound suppressor;

(iv)    a prohibited firearm accessory;

(v) ammunition;

or

(b) a prohibited drug, prohibited plant or utensil (within the meaning of the Misuse ofDrugs

Act 1981).

(1A) The person must, as soon as practicable, deliver it into

the custody of a member of the Police Force or an
employee of the Police Service to be dealt with

according to law.

(2) In regulation 21(2) delete "(1)" and insert:

(1A)

V. MOLAN, Clerk of the Executive Council.