Firearms Act 1996 Firearms (General) Amendment (Transitional Arrangements) Regulation 1998 (1998-188) [GG No 64 of 3.4.1998, p 2300] (NSW)

1998 No 188

New South Wales

Firearms (General) Amendment

(Transitional Arrangements)

Regulation 1998

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

Under the provisions of the Firearms (General) Regulation 1997, firearm licences and permits issued under the previous firearms legislation (existing licences and permits) that have not already been replaced by new licences or permits under the Firearms Act 1996 will automatically expire on 30 June 1998.

The object of this Regulation is to provide that, if a person who is the holder of an existing licence or permit applies for a new licence or permit on or before 30 June 1998, the authority conferred by the existing licence or permit will continue until such time as the person is issued with a new licence or permit or the application is refused. As a result, the holders of existing licences and permits will be required to apply for new licences and permits before that deadline and will continue to be covered by the Act until those applications are dealt with.

Published in Gazette No 64 of 3 April 1998, page 2300 Page 1

1998 No 188

Firearms (General) Amendment (Transitional Arrangements) Regulation 1998

Explanatory note

This Regulation also makes a number of consequential amendments. These include extending the existing exemption in relation to registration of firearms, and the existing amnesty provisions for surrendering firearms, to take into account those existing licences or permits that continue past the 30 June 1998 deadline.

This Regulation is made under the Firearms Act 1996, including section 88
(the general regulation making power) and Schedule 3.

1998 No 188

Firearms (General) Amendment (Transitional Arrangements) Regulation 1998 Clause 1

Firearms (General) Amendment (Transitional

Arrangements) Regulation 1998

1 Name of Regulation

This Regulation is the Firearms (General) Amendment
(Transitional Arrangements) 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 188

Firearms (General) Amendment (Transitional Arrangements) Regulation 1998

Schedule 1	Amendments
(Clause 2)

[ 1 ]        Clause 93 Exemption relating to registration requirements

Insert after clause 93 (2): 

(3) Despite subclause (2), a person who:

(a)	is the holder of an existing licence or existing permit, and
(b)	applies, on or before 30 June 1998, for a new licence or permit of the corresponding kind (as referred to in clauses 4 (1) (a) and 5 (a) of

Schedule 3 to the Act),

does not commit an offence under section 36 of the Act in respect of an unregistered firearm to which the existing licence or existing permit relates 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

Omit clause 113 (4). Insert instead:

(4)

This clause ceases to have effect:

(a)	except as provided by paragraph (b)—on 30 June 1998, or
(b )	in the case of those persons whose existing

licences or existing permits are continued past 30 June 1998 because of the operation of clause 114A—on 31 December 1998.

1998 No 188

Firearms (General) Amendment (Transitional Arrangements) Regulation 1998

Amendments Schedule 1

[3]        Clause 114 Continuation of certain existing licences-

non-prohibited firearms

Insert “ ( l ) ” after “4” in clause 114 (2).

[4]        Clause 114A

Insert after clause 114:

114A Special transitional provision—continuation Of existing

licences and permits

(1)

If the holder of an existing licence or existing permit applies on or before 30 June 1998 for a new licence or permit of the corresponding kind (as referred to in clauses 4 (1) (a) and 5 (a) of Schedule 3 to the Act), the authority conferred by the existing licence or existing permit continues until such time as:

(a)	the person is notified of the issue of, or refusal of, the new licence or permit, or
(b)	the existing licence or existing permit is surrendered or revoked in accordance with the Act.

(2)

Accordingly, the 12 month period referred to in clause 4 (3) and (4) of Schedule 3 to the Act is, if the person concerned applies for a new category C or category D licence on or before 30 June 1998, extended to such time as:

(a)	the person is notified of the issue of, or refusal of, the new licence, or
(b)	the person’s existing licence is surrendered or revoked in accordance with the Act.

(3)

This clause has effect despite:
(a) clause 114, and

(b) clauses 4 (1) (b) and 5 (b) of Schedule 3 to the Act.

1998 No 188

Firearms (General) Amendment (Transitional Arrangements) Regulation 1998

Schedule 1 Amendments

[5]        Clause 116 Further amnesty for prohibited firearms

Omit from clause 116 (3). Insert instead:

(3)

This clause ceases to have effect:

(a)	except as provided by paragraph (b)—on 30 June 1998, or
(b)	in the case of those persons whose existing licences or existing permits are continued past 30 June 1998 because of the operation of clause 114A—on 31 December 1998.