Firearms Act 1996 Firearms (General) Amendment (Sale Amnesty) Regulation 1999 (1999-343) [GG No 79 of 9.7.1999, p 4846] (NSW)
1999 No 343
| Firearms (General) Amendment (Sale | New South Wales |
Amnesty) Regulation 1999
under the
Firearms Act 1996
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Firearms Act 1996.
PAUL WHELAN, M.P.,
Minister for Police
Explanatory note
The object of this Regulation is to authorise an amnesty for the sale to or through licensed firearms dealers of firearms owned by existing licence or permit holders who are refused a new licence or permit under the Firearms Act 1996. This Regulation also updates a reference to the office of Director of the Firearms Registry.
This Regulation is made under the Firearms Act 1996, including section 88 (the general regulation-making power, in particular section 88 (2) (r)).
| Published in Gazette No 79 of 9 July 1999, page 4846 | Page 1 |
| [4] | |
| 1999 No 343 | |
| Clause 1 | Firearms (General) Amendment (Sale Amnesty) Regulation 1999 |
Firearms (General) Amendment (Sale Amnesty)
Regulation 1999
1 Name of Regulation
This Regulation is the Firearms (General) Amendment (Sale Amnesty)
Regulation 1999.
2 Amendment of Firearms (General) Regulation 1997
The Firearms (General) Regulation 1997 is amended as set out in
Schedule 1.
3 Notes
The explanatory note does not form part of this Regulation.
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1999 No 343
Firearms (General) Amendment (Sale Amnesty) Regulation 1999
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 2)
[1] Clause 107 Certificate evidence
Omit “Director” from clause 107 (a). Insert instead “Manager”.
[2] Clause 118
Insert after clause 117:
118
Amnesty to enable lawful sale of firearms if application for new licence or permit is refused
(1) If a person to whom clause 114A or 114B applies:
(a)
is refused a new licence (on the relevant grounds) to replace the person's existing licence, or
(b)
is refused a new permit (on any ground other those referred to in section 29 (1)–(4) of the Act) to replace the person's existing permit,
the person is exempt from the requirement under the Act to hold a licence or permit to possess the firearm or firearms to which the person's existing licence or permit related, but only for the purposes of selling the firearm or firearms to or through a licensed firearms dealer.
(2) Such an exemption applies only if the person:
(a)
within 21 days of receiving notice of the refusal of the new licence or permit, takes the firearm or firearms to a licensed firearms dealer and leaves the firearm or firearms with the dealer to be sold or disposed of in an approved manner, and
(b)
within 7 days of taking the firearm or firearms to a licensed firearms dealer, sends a copy of the relevant receipt (or other relevant document indicating that the dealer has custody of the firearm or firearms) to the Manager, Firearms Registry, Police Service.
(3) For the purposes of subclause (1) (a), the relevant grounds for
refusing a new licence are as follows:
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Firearms (General) Amendment (Sale Amnesty) Regulation 1999
| Schedule 1 | Amendments |
(a)
that the person does not have a genuine reason for possessing or using a firearm,
(b)
if the person applied for a licence other than a category A licence—that the person does not have a special need for possessing or using a firearm of the kind to which the licence applies.
(4)
Section 44 (1) of the Act does not apply to a licensed firearms dealer in respect of the buying or taking possession of a firearm from a person who is selling it to or through the dealer in accordance with an exemption under this clause.
(5) Nothing in this clause authorises the use of any firearm. (6) This clause has effect despite any other clause of this
Regulation.
BY AUTHORITY
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