Firearms Act 1996 Firearms Amendment (Exemptions) Regulation 1997 (1997-145) [GG No 40 of 18.4.1997, p 1995] (NSW)

1997 No 145

New South Wales

Firearms Amendment (Exemptions)

Regulation 1997

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:

(a)	to exempt overseas tourists who comply with certain conditions from the need to obtain a licence or permit to use a firearm (other than a prohibited firearm) at a shooting range approved by the Commissioner of Police (Schedule 1 [3]), and
(b)	to require the operators of such shooting ranges to keep records of tourists relying on those exemptions (Schedule 1 [l] and [2]), and
(c)	to extend the term of a class 1 or class 2 shooter licence until 1 July 1997 when it is intended that the new Firearms Act 1996 will commence (Schedule 1 [4]).

This Regulation is made under the Firearms Act 1989, including section 56

(the general regulation-making power).

Published in Gazette No 40 of 18 April 1997, page 1995 Page 1

1997 No 145

Clause 1 Firearms Amendment (Exemptions) Regulation 1997

Firearms Amendment (Exemptions) Regulation

1997

1 Name of Regulation

This Regulation is the Firearms Amendment (Exemptions)

Regulation 1997.

2 Commencement

This Regulation commences on 18 April 1997.

3 Amendment of Firearms Regulation 1990

The Firearms Regulation 1990 is amended as set out in

Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

1997 No 145

Firearms Amendment (Exemptions) Regulation 1997

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]        Clause 67 Revocation of approval of shooting range

Omit “by the Commissioner” from clause 67 (2) (b).

[2]        Clause 68 Conditions of approval of a shooting range

Insert after clause 68 (3):

(4)	In addition to the conditions imposed on an approval by the Commissioner under this clause, an approval is also subject to the following conditions:
(a) a condition that the holder of the approval keep a record of the following particulars in relation to any overseas tourist using the shooting range under an exemption referred to in clause 97B:

(i)       the name, country of residence and the passport number of the tourist,

(ii)      the date or dates on which the tourist used the shooting range,

(iii)     the name of the registered travel agent by or through whom the arrangements for the use of the shooting range were made,

(iv)     the name of the instructor who supervised the tourist,

(b) a condition that the holder produce any such record for inspection if requested to do so by a member of the Police Force.

[3]        Clause 97B

Insert after clause 97A:

97B Exemption relating to possession and use of firearms

by overseas tourists at approved shooting ranges

(1) An overseas tourist who possesses or uses a firearm (other than a prohibited firearm) on an approved shooting range and who is of or above the age of 18 years is exempt from the requirement to hold a licence or

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Firearms Amendment (Exemptions) Regulation 1997

Schedule 1 Amendments

permit authorising possession or use of the firearm, but only if the conditions set out in subclause (2) are complied with.

(2)

The exemption provided by this clause is subject to the

following conditions:

(a)	a condition that the arrangements for the tourist to use a firearm at the approved shooting range have been made by or through a registered travel agent,
(b)	a condition that the tourist must, before actually using the firearm, be provided with instructions in the safe handling and use of the firearm by a firearms instructor approved by the Commissioner,
(c)	a condition that the tourist must, while using the firearm, be supervised by such an instructor (in the case of firearms other than pistols, one instructor is to supervise no more than 3 shooters, and in the case of pistols, one instructor is to supervise each shooter),
(d)	a condition that the handling and use of the firearm must, unless it is a pistol, be physically restrained in a manner approved by the Commissioner to ensure that the firearm is directed down range and not in any other direction.

(3)

In this clause:

approved shooting range means an indoor shooting range, or an outdoor shooting range that has a physical barrier at the firing point, that is approved by the Commissioner for the purposes of this clause.

[4]        Clause 102

Insert after clause 101 :

102 Temporary arrangements for certain licences

(1) The holder of a shooter licence—class 1 is exempt from any requirements under section 27 of the Act to furnish to the Commissioner of Police an up-to-date photograph

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Firearms Amendment (Exemptions) Regulation 1997

Amendments Schedule 1

of himself or herself and his or her current residential address, that would otherwise arise during April, May or June of 1997.

(2) The holder of a shooter licence—class 2 is exempt from
section 27 (3) of the Act.