Firearms Act 1989 (NSW)
FIREARMS ACT 1989 No. 25
NEW SOUTH WALES
TABLE OF PROVISIONS
PART 1—PRELIMINARY
1. Short title
2. Commencement
3. Definitions
4. Application of Act
PART 2—REGULATION OF FIREARMS
5. Possession or use of firearms
6. Buying of firearms
7. Duties of buyers, sellers etc. of firearms
8. Dealers to be licensed
9. Possession of spare barrels for pistols
10. "On-the-spot" inspection of firearms by police
11. Disposal of firearms by unauthorised holders
12. Safe keeping of firearms
13. Unsafe firearms
| 22. Classes of licences 23. Applications |
14. Shortening firearms
15. Converting firearm into a pistol
16. Restrictions where alcohol or other drugs concerned
17. Sale or purchase of ammunition
18. Defacing or altering identification marks
19. Tranquillising equipment
20. Pawning of firearms prohibited
PART 3—LICENCES AND PERMITS
Division 1 —Provisions relating to licences
21. Purposes for which licences must be available
Firearms 1989
Division 2—Provisions relating to permits
29. Purposes for which permits must be available
30. Classes of permits
31. Applications
32. Refusal on ground of public interest etc.33. Conditions and term of permit
Division 3—Provisions relating to licences and permits
34. Authority conferred by licence or permit
35. Suspension of licence or permit
36. Revocation of licence or permit
37. Production of licence or permit38. Surrender of suspended or revoked licence or permit
PART 4—FIREARMS PROHIBITION ORDERS
39. Firearms prohibition orders
40. Effect of firearms prohibition order
PART 5—APPEALS
41. Right to appeal
42. Conduct of appeal43. Effect of appeal
PART 6—SUPPLEMENTARY
44. False or misleading applications
45. Contravention of conditions
46. Misuse of licences, permits or approvals
47. Altering or falsifying records
48. Disposal of surrendered or seized firearms
49. Delegation50. Liability of parents and guardians
51. Offences by corporations
52. Proceedings for offences
53. Time for laying information
54. Service by post
55. Evidentiary provisions
56. Regulations
57. Repeals
58. Savings and transitional provisions59. Amendment of Search Warrants Act 1985 No. 37, s. 5 (Application for warrant in respect of certain offences)
SCHEDULE 1—SAVINGS AND TRANSITIONAL PROVISIONS
FIREARMS ACT 1989 No. 25
NEW SOUTH WALES
Act No. 25, 1989
An Act to regulate firearms and increase penalties for offences involving
firearms; to repeal the Firearms and Dangerous Weapons Act 1973; and for
other purposes. [Assented to 21 April 1989]
See also Prohibited Weapons Act 1989: Crimes (Firearms) Amendment Act 1989.
Firearms 1989
The Legislature of New South Wales enacts:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Firearms Act 1989.
Commencement
2. (1) This Act commences on a day or days to be appointed by proclamation.
(2) Different days may be appointed for the commencement of section 57 for the purpose of repealing different provisions of the Firearms and Dangerous Weapons Act 1973 or the regulations made under that Act on different days.
Definitions
3. (1) In this Act—
"approval" means an approval in force under the regulations;"blank fire firearm" means a device that is designed for firing blank
cartridges only, such as a starting pistol;
"firearm" means—
(a)
a gun, or other weapon, that can propel anything wholly or partly by means of an explosive; or
(b) a blank fire firearm; or
(c) an air gun,
but does not include anything declared by the regulations not to be a
firearm;"firearm part" means a barrel, breech, trigger mechanism, operating mechanism or magazine designed as, or reasonably capable of forming, part of a firearm;
"firearms prohibition order" means an order in force under section 39; "licence" means a licence in force under this Act;
"permit" means a permit in force under the regulations;"pistol" means a firearm that is reasonably capable of being raised and
fired by one hand and that does not exceed any prescribed dimension;
"to use", in relation to a firearm, means to fire the firearm or to hold itso as to cause a reasonable belief that it will be fired, whether or not
it is capable of being fired.
(2) For the purposes of this Act—
(a)
anything that would be a firearm if it did not have something missing from it, or a defect or obstruction in it, is to be regarded as a firearm; and
3 Act No. 25
Firearms 1989
(b) if firearm parts (including a barrel) are possessed, or being carried, by two or more persons, each of them is to be regarded as possessing or carrying the firearm; and (c) a person who takes possession of anything under a hire-purchase agreement is to be regarded as having bought it and the person who possessed it immediately before possession was so taken is to be considered as having sold it; and (d) a person who is authorised to possess or use a firearm by a permit issued under the Prohibited Weapons Act 1989 is to be regarded as authorised to possess or use the firearm by a licence.
(3) For the purposes of this Act, possession of a firearm includes a case in which a person knowingly—
(a) has custody of the firearm; or
(b) has the firearm in the custody of another person; or
(c)
has the firearm in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.
Application of Act
(1) This Act binds the Crown in right of New South Wales and, so
far as the legislative power of Parliament permits, the Crown in all its other
capacities (except as provided otherwise by this section).
4.
(2) A person is not guilty of an offence against this Act or the regulations only because of something done by the person while acting in the ordinary course of the person's duties—
(a) as a member of the Police Force or as a prison officer of the Commonwealth, a State or a Territory; or (b) as a member of the armed forces of the Commonwealth or of any Government that is allied or associated with the Commonwealth in
any war in which it is engaged; or (c) as, or under the authority of, the person in charge of a ship or an aircraft, but only for the purpose of having equipment of the ship or aircraft repaired or tested by a person authorised to do so by a licence.
(3) A person is not guilty of an offence against this Act only because of possessing a firearm or firearm parts being conveyed or stored in the ordinary course of the person's duties in the business of a carrier or warehouse operator.
(4) A person who is a member of the Australian Cadet Corps is not required to be the holder of a licence or permit to authorise the person to possess a firearm, but only while possessing it—
(a) for the purposes of activities of that Corps; and
Firearms 1989
(b)
in accordance with such guidelines as may be fixed by order of the Commissioner of Police.
PART 2—REGULATION OF FIREARMS
Possession or use of firearms
5. A person shall not— (a) possess a firearm; or (b) use a firearm,
unless authorised to do so by a licence or a permit.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment—imprisonment for 10 years (if it is established beyond reasonable doubt that the firearm concerned was a pistol) or imprisonment for 5 years (if it is not so established).
Buying of firearms
6. A person shall not buy a firearm, unless—
(a) authorised to possess it by a licence; or
(b) authorised to buy it by a permit.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment—imprisonment for 10 years (if it is established beyond reasonable doubt that the firearm concerned was a pistol) or imprisonment for 5 years (if it is not so established).
Duties of buyers, sellers etc. of firearms 7. (1) A person shall not buy or take possession of a firearm from another person, unless—
(a) the other person is authorised to possess the firearm by a licence or to sell or otherwise give possession of the firearm by a permit; and (b) except where the other person is the holder of a dealer's licence, the person buying or taking possession of the firearm has sighted the licence or permit. (2) A person shall not sell or give possession of a firearm to another person, unless—
(a)
the other person is authorised to possess the firearm by a licence or to buy or take possession of the firearm by a permit; and
5 Act No. 25
Firearms J 989
(b) except where the other person is the holder of a dealer's licence, the person selling or giving possession of the firearm has sighted the licence or permit.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
Dealers to be licensed
Unless authorised to do so by a licence, a person shall not, in carrying
on a business—
(a)
manufacture, buy, sell, transfer or repair firearms or firearm parts; or
(b) expose or offer firearms for sale; or
(c) possess firearms for the purpose of selling, transferring or repairing them; or (d) possess firearm parts for the purpose of selling, transferring or repairing them, or of manufacturing firearms.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment—imprisonment for 7
years.
Possession of spare barrels for pistols
A person shall not possess a barrel for a pistol, unless the person is authorised by a licence to possess the pistol or the barrel.
9.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
"On-the-spot" inspection of firearms by police
| 10. (1) A person who is carrying a firearm or possesses a firearm that is within the immediate vicinity of the person shall, on the demand of a member of the Police Force at any time, produce for inspection by that member— |
(a) the firearm; and
(b) any licence or permit that authorises the person to possess the firearm.
Maximum penalty on summary conviction—20 penalty units or imprisonment for 1 year, or both.
Firearms 1989
(3) A person is not guilty of an offence under this section because of failing to produce a licence or permit if the person—
(a)
has a reasonable excuse for not having the licence or permit when the demand is made; and
(b)
produces it, as soon as is practicable (but not more than 6 hours) after the demand for its production is made, to the member of the Police Force who made the demand or to another such member nominated by that member.
(4) In this section, "firearm" includes a firearm part.
Disposal of firearms by unauthorised holders
11. (1) A person—
(a) who comes into possession of a firearm or a substantial part of a firearm, but is not authorised by or under this Act or the Prohibited Weapons Act 1989 to possess the firearm; or (b) who possesses a firearm or a substantial part of a firearm and ceases to be so authorised to possess the firearm, shall immediately surrender the firearm or part to a member of the Police Force or (but only after having obtained the consent of such a member if the firearm concerned is a pistol) deliver the firearm or part to a person who is authorised by a licence or permit to possess the firearm or firearms of the kind concerned.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
(2) A person does not contravene any other provision of this Act just by delivering or surrendering anything in accordance with this section or by accepting its delivery.
Safe keeping of firearms A person who possesses a firearm or spare barrel for a firearm shall take all reasonable precautions to ensure its safe keeping.
12.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both (if it is established beyond reasonable doubt that the firearm concerned was a pistol) or 20 penalty units or imprisonment for 1 year, or both (if it is not so established).
Unsafe firearms
(1) A person shall not sell or give possession of a firearm to another person knowing that it is unsafe, except after giving an appropriate warning.
13.
Maximum penalty on summary conviction—50 penalty units or
imprisonment for 2 years, or both.
7 Act No. 25
Firearms 1989
(2) A member of the Police Force may seize any firearm in the possession of any person if—
(a) the firearm is in a public place; and
(b) the member suspects on reasonable grounds that the firearm is unsafe.
(3) For the purposes of this section, a firearm is to be considered as being unsafe (apart from any other reason for which it may be unsafe) if, because of some mechanical defect or its general condition, it may reasonably be considered to be unsafe.
Shortening firearms
14. (1) A person shall not, unless authorised to do so by a licence or permit—
(a) shorten a firearm (except a pistol or an unrifled air gun); or
(b) possess any such firearm that has been shortened; or
(c) sell or give possession of any such firearm that has been shortened to another person.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment—imprisonment for 10
years.
(2) The regulations may provide that types of firearms are to be considered as having been shortened for the purposes of this section only if they (or specified parts of them) have prescribed characteristics.
Converting firearm into a pistol
A person shall not shorten a firearm so as to convert it into a pistol, unless a licence has been issued authorising possession of the pistol.
15.
| Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both. |
Maximum penalty on conviction on indictment—imprisonment for 10
years.
Restrictions where alcohol or other drugs concerned
16. (1) A person shall not handle or use a firearm while the person is under the influence of alcohol or any other drug.
(2) A person shall not sell or give possession of a firearm to another person—
(a)
if the person knows or has reasonable cause to believe that the other person is under the influence of alcohol or any other drug; or
Firearms 1989
(b) if the other person's appearance or behaviour is such that the person intending to sell or give possession of the firearm believes or has reasonable cause to believe that the other person is incapable of exercising responsible control over the firearm. Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment—imprisonment for 5
years.
Sale or purchase of ammunition
17. (1) A person shall not sell firearm ammunition, unless—
(a) the buyer is the holder of a licence; or
(b)
the seller is the holder of a licence or the sale is authorised by a permit.
(2) A person shall not buy firearm ammunition, unless—
(a) the person is the holder of a licence; or
(b) the person is authorised to buy it by a permit.Maximum penalty on summary conviction—20 penalty units.
Defacing or altering identification marks
18. A person shall not, unless authorised by the Commissioner of Police
to do so—
(a)
deface or alter any number, letter or identification mark on any pistol or barrel for a pistol; or
(b)
have possession of any pistol or barrel for a pistol on which any number, letter or identification mark has been defaced or altered.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment—imprisonment for 5
years.
Tranquillising equipment
A person shall not possess or sell or otherwise give possession of any firearm designed for use in tranquillising, immobilising or administering vaccines or other medicines to animals, unless authorised by a licence or permit to possess, sell or otherwise give possession of the firearm.
19.
Maximum penalty on summary conviction—50 penalty units or
imprisonment for 2 years, or both.
9 Act No. 25
Firearms 1989
Pawning of firearms prohibited
A pawnbroker shall not take a firearm or a barrel for a firearm into
pawn. Maximum penalty on summary conviction—50 penalty units or
imprisonment for 2 years, or both.
PART 3—LICENCES AND PERMITS Division 1—Provisions relating to licences
Purposes for which licences must be available
21. (1) Licences must be available for each of the following purposes:
(a) to authorise the possession and use of pistols;
(b) to authorise the possession and use of rifles and shotguns;
(c)
to authorise the manufacture, buying, selling, transfer or repair of firearms and firearm parts so as to allow a business to be carried on;
(d) to authorise the possession of firearms by collectors;
(e) to authorise the possession and use of blank fire firearms for sporting or theatrical events; (f) to authorise anything else which a licence may authorise under this Act.
(2) This section does not limit the purposes for which licences may be available, the conditions to which they may be subject or the authority they may confer.
Classes of licences
22. (1) The regulations may provide for different classes of licences.
(2) A licence may be issued to a person for a firearm or firearms specified in it or for a type or types of firearms prescribed by the regulations and specified in it.
| Applications |
An application for a licence must be made in the prescribed manner and be accompanied by the prescribed fee, if any.
23.
Issue of licence
24. (1) Licences are to be issued or refused by the Commissioner of
Police.
(2) A licence must not be issued until after the prescribed period expires.
Restrictions on issue of licences
Firearms 1989
(b)
who has at any time or, if the regulations so provide, within a specified period before the application for the licence was made, been convicted in New South Wales or elsewhere of a prescribed offence, whether the offence was committed before or after the commencement of this section and whether or not the offence is an offence under New South Wales law; or
(c)
who is subject to a recognisance, granted in New South Wales or elsewhere, to keep the peace; or
(d) who is subject to a firearms prohibition order.
(2) A licence must not be issued unless—
(a) the Commissioner of Police is satisfied that the applicant is of good character and repute and can be trusted to have possession of firearms without danger to the public safety or to the peace; and (b) if required by the regulations, the applicant has completed, to the satisfaction of the Commissioner of Police, training and testing in accordance with the regulations. (3) Without limiting the generality of subsection (2), a licence must not be issued if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of—
(a) the applicant's way of living or domestic circumstances; or
(b)
any previous attempt by the applicant to commit suicide or cause a self-inflicted injury; or
(c) the applicant's intemperate habits or being of unsound mind.
(4) The Commissioner of Police must not issue a licence that authorises
possession and use of a pistol unless the Commissioner is satisfied that theapplicant for the licence has good reason for possessing and using the pistol.
(5) A licence must not be issued for the purpose of authorising the possession or use of a prohibited weapon within the meaning of the
Prohibited Weapons Act 1989.
(6) The Commissioner of Police may refuse to issue a licence if the Commissioner considers that issue of the licence would be contrary to the public interest.
(7) The regulations may provide other mandatory or discretionary grounds for refusing the issue of a licence.
Conditions of licences
26. A licence is subject to—
11 Act No. 25
Firearms 1989
(b)
any conditions imposed by order of the Commissioner of Police and set out in it when it is issued, except to any extent that they may be inconsistent with conditions referred to in paragraph (c); and
(c)
any conditions imposed by order of the Commissioner of Police and set out in a notice served personally or by post on the person to whom the licence was issued.
Term of licence
27. Unless previously surrendered or revoked, a licence continues in force from the time of its issue for such term, if any, as is specified in the licence.
Transfer of licence prohibited
28. A licence cannot be transferred.
Division 2—Provisions relating to permits
Purposes for which permits must be available
29. (1) Permits must be available for each of the following purposes:
(a)
to authorise the possession or use of pistols in prescribed circumstances;
(b)
to authorise the buying, selling or transfer of firearms in prescribed circumstances;
(c) to authorise the possession of barrels for pistols;
(d) to authorise the shortening of a firearm;(e) to authorise the buying or selling of firearm ammunition;
(f)
to authorise anything else for which provision may be made by the regulations and which is required by the regulations to be authorised by a permit.
| (2) This section does not limit the purposes for which permits may be available, the conditions to which they may be subject or the authority they |
| Classes of permits |
30. (1) The regulations may provide for different classes of permits.
(2) A permit may be issued to a person for a firearm, firearms or firearm ammunition specified in it or for a type or types of firearms or ammunition prescribed by the regulations and specified in it.
Applications
Firearms 1989
Refusal on ground of public interest etc.
(1) The Commissioner of Police may refuse to issue a permit if the Commissioner considers that issue of the permit would be contrary to the public interest.
32.
(2) The regulations may provide other mandatory or discretionary grounds for refusing the issue of a permit.
Conditions and term of permit
The regulations may prescribe or provide for the Commissioner of Police to impose or determine—
33.
(a) conditions to which a permit is to be subject; and
(b) the period for which a permit is to be in force.
Division 3—Provisions relating to licences and permits
Authority conferred by licence or permit
34. (1) A licence or permit confers such authority as is prescribed by the regulations.
(2) The authority conferred by a licence or permit is subject to the
conditions for the time being to which the licence or permit is subject.
Suspension of licence or permit
(1) If a prescribed member of the Police Force thinks there may be
grounds for revoking a licence, the member may suspend the licence by
serving personally or by post on its holder a notice—
35.
(a)
stating that the licence is suspended and the reasons for suspending it; and
(b)
requesting the person to give the Commissioner of Police reasons why the licence should not be revoked.
(2) A suspended licence does not authorise the possession or use of
firearms during the period (not exceeding 28 days) specified in the notice
suspending it.(3) The regulations may provide for the suspension of permits.
Revocation of licence or permit
36. (1) In this section, "authority" means a licence or permit.
(2) An authority that authorises its holder to possess or use a firearm is revoked if the holder becomes subject to a firearms prohibition order.
(3) An authority may be revoked—
13 Act No. 25
Firearms 1989
(b) if its holder—
(i) supplied information which was (to the holder's knowledge) false or misleading in a material particular in, or in connection with, the application for the authority; or
(ii) contravenes this Act or the Prohibited Weapons Act 1989 or the regulations made under either of those Acts, whether or not the holder has been convicted of an offence for the contravention; or
(iii) contravenes any condition of the authority; or
(c) for any other reason prescribed by the regulations.
(4) The Commissioner of Police may revoke an authority by serving personally or by post on its holder a notice stating that the authority is revoked and the reason for revoking it.
(5) The revocation of an authority by such a notice becomes effective when the notice is served or on a later date specified in the notice, whether or not an appeal is lodged against the revocation.
(6) The Commissioner of Police may, by serving a further notice on the holder of an authority, cancel a notice revoking an authority before the notice becomes effective.
Production of licence or permit
(1) A person to whom a licence or permit is issued shall, on demand made by a member of the Police Force at any time—
37.
| (a) | produce the licence or permit for inspection by the member, if the person possesses it; or |
| (b) | state the person's full name and usual place of residence to the member. |
| Maximum penalty on summary conviction—20 penalty units or |
imprisonment for 1 year, or both.
(2) A person is guilty of an offence under this section only if the member of the Police Force, when making the demand, explains to the person that failure to comply with the demand is an offence against this Act.
Surrender of suspended or revoked licence or permit
If a licence or permit is suspended or revoked, the person to whom it was issued shall immediately surrender it to the Commissioner of Police.
38.
Maximum penalty on summary conviction—20 penalty units or
imprisonment for 1 year, or both.
Firearms 1989
PART 4—FIREARMS PROHIBITION ORDERS
Firearms prohibition orders
39. (1) The Commissioner of Police may make an order prohibiting from having possession of or using firearms any person who (in the opinion of the Commissioner) is not fit, in the public interest, to be permitted to have possession of a firearm.
(2) Without limiting the generality of subsection (1), such an order may be made in respect of any person who had possession of or used a firearm immediately before its being seized under this or any other Act.
(3) A firearms prohibition order takes effect when it is served personally on the person to whom it is directed.
Effect of firearms prohibition order
(1) A person shall not possess or use a firearm in contravention of a firearms prohibition order that is in force.40.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment—imprisonment for 10 years (if it is established beyond reasonable doubt that the firearm concerned was a pistol) or imprisonment for 5 years (if it is not so established).
(2) Without limiting the generality of subsection (1) and for the purposes only of that subsection, a firearm found in or on any premises shall, in the absence of proof to the contrary, be regarded to be possessed by any person subject to a firearms prohibition order who at the time of the finding or recently to that time was in or on or in occupation of the premises.
(3) A person shall not sell or give possession of a firearm to another person, knowing that the other person is prohibited from possessing firearms by a firearms prohibition order.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment—imprisonment for 10
years (if it is established beyond reasonable doubt that the firearm concerned
was a pistol) or imprisonment for 5 years (if it is not so established).(4) In this section, "premises" includes any structure, vehicle, vessel or aircraft or any place, whether built on or not.
PART 5—APPEALS
Right to appeal
41. (1) A person may appeal to a Local Court constituted by a Magistrate sitting alone against—
(a)
the refusal of or failure by the Commissioner of Police to issue a licence or permit to the person; or
15 Act No. 25
Firearms 1989
(b)
a condition imposed by the Commissioner of Police on a licence or permit issued to the person; or
(c) the revocation of a licence or permit issued to the person; or
(d) a firearms prohibition order made against the person; or
(e) if the regulations so provide, the refusal or failure of the Commissioner of Police to grant an approval under the regulations to the person or the conditions imposed by the Commissioner of Police on any such approval.
(2) Appeals must be made within such periods as are fixed by the regulations—
(a)
to the Local Court nearest the place of residence of the appellant; or
(b)
if the regulations provide for an appeal to be made to another Local Court—to that other Local Court.
Conduct of appeal
(1) An appeal shall be dealt with by the Local Court by way of a
new hearing and new evidence or new information may be given on the
appeal.
42.
(2) A Local Court hearing an appeal is not bound by the rules of or practice as to evidence and may be informed of any matter in such manner as the Local Court thinks fit.
(3) Except as provided by this section, the procedure for an appeal is to be decided on by the Local Court hearing it.
(4) A Local Court, in determining an appeal, must have regard to this
Act, the regulations, the circumstances of the case and the public interest.
(5) A Local Court may determine an appeal—
(a) by dismissing it; or
(b)
by directing the Commissioner of Police to take such action under this Act or the regulations as the Local Court thinks appropriate to dispose of the appeal.
Effect of appeal
43. (1) If an appeal is made to a Local Court against—
(a) a condition imposed on a licence or permit; or
(b) a firearms prohibition order,
the condition or order continues in force until the appeal is determined by
the Court, unless the Court otherwise orders.
Firearms 1989
PART 6—SUPPLEMENTARY
False or misleading applications
44. A person shall not, in or in connection with an application under this Act or the regulations, make a statement or provide information that the person knows is false or misleading in a material particular.
Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
Contravention of conditions
A person to whom a licence or permit is issued shall not contravene any requirement made by the conditions of the licence or permit.45.
Maximum penalty on summary conviction—50 penalty units.
Misuse of licences, permits or approvals
46. (1) A person shall not—
(a)
falsely represent himself or herself to be the holder of an authority; or
(b) forge or fraudulently alter an authority; or
(c)
give possession of an authority to another person for the purpose of its being unlawfully used; or
(d) steal an authority; or
(e) have possession of a forged, fraudulently altered, borrowed or stolen authority. Maximum penalty on summary conviction—50 penalty units or imprisonment for 2 years, or both.
(2) In this section, "authority" means a licence or permit, or an approval issued under the regulations, whether or not it is in force.
Altering or falsifying records
47. A person shall not, with intent to deceive—
(a)
alter any record required to be made or kept by or under the regulations; or
(b) make a false or misleading entry in any such record.
Maximum penalty on summary conviction—50 penalty units or
imprisonment for 2 years, or both.
Disposal of surrendered or seized firearms
(1) On an application made by a member of the Police Force or by any person who claims to be the owner of a firearm surrendered to or seized by a member of the Police Force in accordance with this Act, a Local Court
48.
1V Act No. 25 Firearms 1989
(b) be returned to that person; or
(c) be otherwise disposed of in such manner as the Court thinks fit.
(2) In this section, "firearm" does not include a prohibited weapon as denned in the Prohibited Weapons Act 1989.
Delegation
49. (1) The Commissioner of Police may delegate to an authorised person any of the Commissioner's powers, authorities, duties or functions under this Act or the regulations, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any of the
powers, authorities, duties or functions delegated by the Commissioner of
Police if the delegate is authorised in writing to do so by the Commissioner.
(3) In this section, "authorised person" means—
(a) a member of the Police Force; or
(b) a public servant; or(c) any other prescribed person.
Liability of parents and guardians
(1) If a person under the age of 18 years contravenes any provision of this Act or the regulations, each parent of the person shall be taken to have contravened the same provision if the parent knowingly authorised or permitted the contravention.
50.
(2) A parent may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the parent's child has been proceeded against or convicted under that provision.
(3) Nothing in this section affects any liability imposed on the parent's
child for an offence committed by the child against this Act or the
| regulations. |
(4) In this section, "parent" includes a guardian.
Offences by corporations
51. (1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation shall be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.
Firearms 1989
(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
Proceedings for offences
52. (1) Proceedings for an offence against this Act or the regulations may be disposed of in a summary manner before a Local Court constituted by a Magistrate sitting alone.(2) Despite subsection (1), an offence against this Act for which a penalty is provided if a conviction is obtained on indictment shall be dealt with summarily before a Local Court only—
(a) if the prosecutor proposes that it be so dealt with; and
(b) while the Local Court is satisfied that it is proper for the offence to be so dealt with. (3) In any other case, an offence against this Act for which such a penalty is provided shall be dealt with as an indictable offence.
Time for laying information
An offence against this Act or the regulations may be dealt with in a summary manner before a Local Court if the information was laid within 1 year of the date on which the offence is alleged to have been committed.
53.
Service by post
Any instrument required or authorised by this Act or the regulations
to be served on a person by post is sufficiently addressed if it is addressed
to the last address of the person known to the Commissioner of Police.
54.
Evidentiary provisions
55. (1) A certificate signed by the Commissioner of Police or by a person holding a prescribed office certifying any one or more of the
following: (a) that a specified person was or was not, on a day or during a specified period, the holder— (i) of a specified licence or of a specified permit or approval under the regulations; or
(ii) of a licence, permit or approval for a specified firearm or other thing for which a licence, permit or approval is required under this Act or the regulations;
(b)
that any such licence, permit or approval was or was not, on a day or during a specified period, subject to specified conditions;
(c)
that a specified person was or was not, on a specified day or during a specified period, subject, to a firearms prohibition order;
19 Act No. 25
Firearms 1989
| (d) | that a specified address was, on a specified date, the last address known to the Commissioner of Police of a specified person, |
is admissible in any proceedings under this Act and is prima facie evidence
of the matters so certified.
(2) Any matter expressly required by this Act to be established beyond reasonable doubt is to be determined by the jury, if the offence concerned is tried before a jury.
Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
56.
(2) Without affecting the generality of subsection (1), regulations may be made for or with respect to any of the following matters:
| (a) | the acquisition, possession, storage, identification, maintenance, carrying, conveyance, testing and use of firearms; |
(b) training and supervision relating to firearms;
(c) pistol clubs, and their members, and pistol ranges;
(d) clubs and ranges for other firearms;
| (e) | the approval of shooting ranges and pistol clubs by the Commissioner of Police; |
| (f) | licences under this Act, duplicate licences under the regulations and permits and approvals under the regulations; |
(g) forms, records, notices and returns;
(h) fees payable under this Act or the regulations;
(i) exempting persons from specified requirements of this Act or the regulations.
| (3) Regulations may not be made requiring— |
(a) the registration of firearms, other than pistols; or
| (b) | the holder of a licence that authorises possession of a firearm, to obtain any additional authority to authorise the holder— |
| (i) to buy the firearm; or (ii) to buy firearm ammunition. |
(4) A regulation may create an offence punishable by a penalty not exceeding 50 penalty units.
(5) In this section, "firearm" includes—
Firearms 1989
Repeals
The Firearms and Dangerous Weapons Act 1973 and the regulations made under that Act are repealed.
57.
Savings and transitional provisions
58. Schedule 1 has effect.
Amendment of Search Warrants Act 1985 No. 37, s. 5 (Application for warrant in respect of certain offences)
The Search Warrants Act 1985 is amended by omitting from section
5 (2) the definition of "firearms offence" and by ihserting instead the
following definition:
59.
"firearms offence" means an offence under the Firearms Act 1989, the Prohibited Weapons Act 1989 or regulations under either of those Acts, being an offence committed in respect of a firearm or a prohibited weapon within the meaning of those Acts.
SCHEDULE 1—SAVINGS AND TRANSITIONAL PROVISIONS
(Sec. 58)
Definitions
1. In this Schedule—
"current authority" means a licence, a permit or an approval or order—
(a)
that was issued, granted or made under a provision of the former Act or of regulations made under the former Act, being a provision that has been repealed by this Act; and
(b) that was in force immediately before the provision was repealed,
but does not include a permit authorising the possession of a prohibited weapon orprohibited article or a firearms prohibition order.
"former Act" means the Firearms and Dangerous Weapons Act 1973.
Saving of current firearms prohibition orders 2. A firearms prohibition order—
(a) that was made under section 69 (1) of the former Act; and(b) that was in force immediately before that provision was repealed by this Act,
shall be treated as a firearms prohibition order under this Act.
Saving of current licences etc.
3. A current authority shall be treated as an authority of the corresponding kind under this Act or the regulations.
Conditions of current licences etc.
21 Act No. 25
Firearms 1989
SCHEDULE 1—SAVINGS AND TRANSITIONAL PROVISIONS—continued
(2) This clause does not prevent any such condition from being changed or revoked in accordance with this Act.
Terms of certain current authorities
(1) Unless it is sooner surrendered or cancelled, a current authority that was issued for a term continues in force for the unexpired residue of the term.
5.
(2) This clause does not prevent a current authority from being suspended in accordance with this Act.
Applications
(1) An application, under a repealed provision of the former Act or the regulations made under it, for a licence, a permit or an approval or order, being an application pending immediately before the repeal of the provision by this Act, shall be treated as having been made under the corresponding provision of this Act or the regulations.
6.
(2) This clause does not apply to an application for a permit to authorise the possession of a prohibited weapon or prohibited article.
Appeals
An appeal under Part 3 of the former Act, being an appeal pending immediately
before the repeal of that Part by this Act, shall be treated as having been made under
Part 5.
7.
Surrendered or seized firearms etc.
Anything surrendered or seized, or ordered to be forfeited or disposed of, under
the former Act (except under section 56, 77, 78 or 78A) shall be treated as if it had been
surrendered or seized, or ordered to be forfeited or disposed of, under this Act.
8.
Evidentiary certificates
A certificate signed for the purposes of section 82 of the former Act (except a
certificate relating to a permit for a prohibited weapon or article) shall be treated as
having been signed for the purposes of section 55.
9.
| References to former Act etc. |
Except as provided by the regulations, in any instrument (other than this Act,
the Prohibited Weapons Act 1989, the Crimes (Firearms) Amendment Act 1989 or a
regulation made under this Act)—
10.
(a)
a reference to the former Act extends to this Act and the Prohibited Weapons Act 1989; and
(b)
a reference to the regulations made under the former Act extends to regulations made under this Act and regulations made under the Prohibited Weapons Act 1989; and
(c)
a reference to a provision of the former Act or of a regulation made under the former Act extends to any corresponding provision—
Firearms 1989
SCHEDULE 1—SAVINGS AND TRANSITIONAL PROVISIONS—continued
Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
11.
this Act;
Prohibited Weapons Act 1989;
Crimes (Firearms) Amendment Act 1989.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a)
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
[Minister's second reading speech made in—
Legislative Council on 1 December 1988 Legislative Assembly on 2 March 1989]
0
0
0