Firearms Act 1989 Firearms Amendment (Further Amnesty) Regulation 1996 (1996-608) [GG No 146 of 13.12.1996] (NSW)

1996 No 608

New South Wales

Firearms Amendment (Further

Amnesty) Regulation 1996

under the

Firearms Act 1989

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Firearms Act 1989.

PAUL WHELAN, M.P.,

Minister for Police

Explanatory note

The object of this Regulation is to is to clarify the operation of the existing amnesty under the Firearms Regulation 1990 in relation to the possession of firearms.
Clause 98 currently provides for an exemption from the requirement of the Firearms Act 1989 to hold a licence or permit authorising possession of a firearm if the firearm is being surrendered to the police or being sold to a licensed firearms dealer. Clause 98 is amended to provide that this amnesty will apply only in relation to prohibited firearms, and will only authorise unlicensed persons to possess prohibited firearms if the firearms are being surrendered to the police (see Schedule 1[1]–[5]).
A separate amnesty is also provided in relation to the possession of non-prohibited firearms. This will authorise unlicensed persons to possess non-prohibited firearms if the firearms are being surrendered to the police or being sold to a licensed firearms dealer (see Schedule 1 [6]).

Each amnesty is temporary and will cease when the proposed amnesty
provision under the new Firearms Act 1996 commences.
This Regulation is made under the Firearms Act 1989, including section 56

(the general regulation making power, in particular section 56 (2) (i)).

Published in Gazette No 146 of 13 December 1996, page 8256 Page 1

1996 No 608

Clause 1 Firearms Amendment (Further Amnesty) Regulation 1996

Firearms Amendment (Further Amnesty)

Regulation 1996

1 Name of Regulation

This Regulation is the Firearms Amendment (Further Amnesty)

Regulation 1996.

2 Amendment of Firearms Regulation 1990

The Firearms Regulation 1990 is amended as set out in Schedule

1.

3 Notes

The explanatory note does not form part of this Regulation.

1996 No 608

Firearms Amendment (Further Amnesty) Regulation 1996

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

Clause 98 Temporary amnesty for surrender of prohibited firearms

Omit “a firearm or ammunition” from clause 98 (1). firearm”.

Clause 98 (1) (b)

Omit the paragraph.

Clause 98 (1) (c)

Omit “or proceeding to a place for the purpose of selling the firearm or ammunition as referred to in paragraph (b)”.

Clause 98 (1 AA) and (1A)

Omit the subclauses.

Clause 98 (3)

Omit the subclause. Insert instead:

In this clause, prohibited firearm means a prohibited

(3)

firearm within the meaning of the Firearms Act 1996.

Clause 98A

Insert after clause 98:

98A Temporary amnesty for surrender and sale of

non-prohibited firearms

(1 ) This clause applies to firearms other than prohibited firearms within the meaning of the Firearms Act 1996

1996 No 608

Firearms Amendment (Further Amnesty) Regulation 1996

Schedule 1 Amendments

(2)

A person is exempt from any requirement of the Act to hold a licence or permit authorising possession of a firearm to which this clause applies or ammunition for any such firearm, but only for the following purposes:

(a)	surrendering the firearm or ammunition to a police officer in accordance with such directions as are issued by the Commissioner of Police,
(b)	selling the firearm or ammunition to a person who holds a firearms dealer licence,
(c)	proceeding to a police station (or other nominated place) for the purpose of surrendering the firearm or ammunition as referred to in paragraph (a) or proceeding to a place for the purpose of selling the firearm or ammunition as referred to in paragraph (b).

(3)

Section 7 (1) of the Act does not apply to the holder of a firearms dealer licence in respect of the holder's buying or taking possession of a firearm to which this clause applies from a person who is selling it under this clause. The dealer is also not required (despite clause 35) to make a record of the name and residential address of that person or the number of a licence or permit authorising the person to carry out the transaction.

(4)

Nothing in this clause authorises the use of a firearm.