Firearms Act 1996 Firearms (General) Amendment (Temporary Amnesty) Regulation 1998 (1998-359) [GG No 101 of 1.7.1998, p 5194] (NSW)

New South Wales

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 provide a temporary and limited exemption from the licensing and registration requirements under the

Firearms Act 1996. The amnesty will apply to a person who is the holder of

an existing licence or permit under the old Act i f that person has not applied for a new licence or permit before the 30 June 1998 deadline, and it will authorise such an unlicensed person to possess (but not use) a firearm u n t i l

31 Ju ly 1998 or until such time as the person's application for a new licence

is issued or refused.

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 101 of 1 July 1998, page 5194 Page 1

Clause 1	Firearms (General) Amendment (Temporary Amnesty) Regulation 1998
1 Name of Regulation

This Regulation is the Firearms (General) Amendment

(Temporary Amnesty) Regulation 1998.

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.

1998 No 35

Firearms (General) Amendment (Temporary Amnesty) Regulation 1998

Amendments Schedule 1

(Clause 2)

[ 1 ]       Clause 93 Exemptions relating to registration requirements

Insert after clause 93 (3):

(4)

Despite subclause (2), a person to whom clause 114B applies does not commit an offence under section 36 of the Act in respect of an unregistered firearm to which the person's existing licence or existing permit related:

(a)	except as provided by paragraph (b)—until 1 August 1998, or
(b)	if the person concerned applies for a new licence or permit of the corresponding kind (as determined by the Commissioner) on or before 31 July 1998—until such time as the person is notified of the issue of, or refusal of, the new licence or permit.

[2]         Clause 113 Exemption relating to surrender and sale of firearms other than prohibited firearms

Insert "or (c)" after "paragraph ( b ) ” in clause 113 ( 4 ) (a) .

[3]         Clause 113 (4) (c)

Insert at the end of clause 113 (4) (b):

, or

( c ) in the case of those persons to whom clause 114B

applies—on 31 December 1998.

Firearms (General) Amendment (Temporary Amnesty) Regulation 1998

Schedule 1 Amendments

Insert after clause 114A:

Temporary amnesty for existing licensees and permit
holders who fail to apply for new licence or permit
before 30 June 1998 deadline

(1) This clause applies to any person:

(a)	who is the holder of an existing licence or existing permit, and
(b)	who does not apply on or before 30 June 1998 for a new licence or permit of the corresponding kind

(as determined by the Commissioner).

(2)

A person to whom this clause applies is exempt from the requirement under the Act to hold a licence or permit authorising possession of a firearm to which the existing licence or permit related.

(3 )

This clause ceases to have effect in respect of a person to
whom this clause applies:

(a)	except as provided by paragraph (b)—on 31 Ju ly 1998, or
( b )	i f the person applies for a new licence or permit on or before 31 July 1998—until such time as the person is notified of the issue of, or refusal of, the new licence or permit.

(4)

Nothing in this clause authorises the use of a firearm.

( 5 )

This clause has effect despite

( a )	clause 114, and
(b )	clauses 4 (1) (b) and 5 (b) of Schedule 3 to the

Act.

Firearms (General) Amendment (Temporary Amnesty) Regulation 1998

Amendments Schedule 1

[5]         Clause 116 Further amnesty for prohibited firearms

Insert “or (c)" after "paragraph (b)" in clause 116 (3) (a).

[6]        Clause 116 (3) (c)

Insert at the end of clause 116 (3) (b):

, or

(c) in the case of those persons to whom clause 114B applies—on 31 December 1998.