Firearms Acts Amendment Act of 1955 (4 Eliz Ii No. 4) (Qld)

88 FIREARMS. Firearms Acts Amendment Act. 4 E liz . II. No. 4, FIREARMS. 4 N E o l . iz 4 . . II, An Act to Consolidate and Amend certain Acts T he F irearms A cts relating to the Carrying, Sale, and Use of A mendment A ct of 1955. Firearms; and for these and other purposes to Amend “ The Firearms License Acts, 1927 to 1946,” in certain particulars. [A ssented to 14 th A pril , 1955.] Short title. Principal Act. Collective title. B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. (1.) This Act may be cited as “ The Firearms Acts Amendment Act of 1955.” (2.) *“ The Firearms License Acts, 1927 to 1946,” are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Firearms Acts, 1927 to 1955.” Repeal of 5 Vic. No. 6 and 5 Edw. VII. No. 29. 2. f" Sunday Observance Act of 1841,” and The Firearms Act of 1905,” are repealed. Long title 3. The long title to the Principal Act is amended amended. by repealing therein the words and figures “ to Amend J“ The Firearms Act of 1905,” ”. Amendment 4. Subsection one of section one of the Principal Act of s. 1 (1). is amended by repealing therein the word “ License ”. Amendment 5. Section 2 a of the Principal Act is amended by of s. 2 a . repealing paragraph (d) thereof and by inserting, in lieu of that repealed paragraph, the following paragraph “ (d) Any member of a rifle club formed, managed, or controlled pursuant to the § DefenceAct1903-1953 of the Commonwealth (including any regulations thereunder) or any enactment or regulation of the Commonwealth in amendment thereofor in substitution therefor, in relation to any firearm or ammunition for a firearm belonging to or used by the rifle club when that firearm or ammunition is used, carried, or had in possession by that member for the purpose of the rifle club.”. * 18 G. 5 No. 21. ' ~~ t 5 V. No. 6. J 5 E. 7 No. 29. § No. 20 of 1903 and amending Acts of the Commonwealth.

FIREARMS. 89 1955. Firearms Acts Amendment Act. 6 Section three of the Principal Act is amended— Amendments (1.) By repealing in the first paragraph of subsection three of that section the words “ shall be liable to a penalty of not less than ten pounds and not more than fifty pounds ” and by inserting, in lieu of those repealed words, the words “ shall be guilty of an offence against this Act”; (ii.) By repealing in the proviso to subsection three of that section the words “ six months ” and by inserting, in lieu of those repealed words, the words “ twelve months ”; (iii.) By repealing in the first paragraph of subsection four of that section all words commencing with and including the words “ shall, if such offence be committed after the hour of seven o’clock in the morning ” and ending with and including the words “ for a term not exceeding six months ” and by inserting, in lieu of those repealed words, the words “ shall be guilty of an offence against this Act ” ; and (iv.) By repealing in the proviso to subsection four of that section the words “ nine months ” and by inserting, in lieu of those repealed words, the words “ twelve months 7. Section four of the Principal Act is amended — Amendments (i.) By repealing in paragraph (iii.) of subsection nine of that section the words “ shall be liable on summary conviction to a penalty not exceeding ten pounds ” and by inserting, in lieu of those repealed words, the words “ shall be guilty of an offence against this Act ” ; and (ii.) By repealing paragraph (v.) of subsection nine of that section. 8 Section five of the Principal Act is amended— Amendments (i.) By repealing in subsection three of that section the words “ shall be liable on summary conviction to a penalty of not less than ten pounds and not more than fifty pounds ” and by inserting, in lieu of those repealed words, the words “ shall be guilty of an offence against this Act ” ; and (ii.) By repealing subsection four of that section and by inserting, in lieu of that repealed subsection, the following subsection:— “ (4.) A pawnbroker shall not take any concealable firearm in pawn from any person.”. .

90 FIREARMS. Firearms Acts Amendment Act. 4 E liz . II. No. 4, Amendment ofs. 7.(1). 9. Subsection one of section seven of the Principal Act is amended by repealing therein the words “ shall be liable on summary conviction for a first offence to a penalty not exceeding fifty pounds, and for a second or subsequent offence to a penalty of not less than twenty pounds nor more than one hundred pounds ” and by inserting, in lieu of those repealed words, the words “ shall be guilty of an offence against this Act o A f m s. en 7 d b m ( e 6 n ). t Act i1s 0a. mSenudbesdecbtiyonrepsiexaloinfgstehcetrioeinn 7th b eowf otrhdes “ Prsihnaclilpbael liable on conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months ” and by inserting, in lieu of those repealed words, the words “ ■shall be guilty of an offence against this Act”. Aofm s. en7dc.ment repea1li1n.g Sseucbtsieocntio7cn otwf otheofPtrhiantcispeacltiAonc. t is amended by Aofms.en7d d m . ent repea1li2n.g Sethcteiroenin7 d aollf twheorPdrsincciopmalmAencct iinsgamweinthdedanbdy including the words “ shall be liable on conviction for a first offence ” to the end of that section and by inserting, in lieu of those repealed words, the words “ shall be guilty of an offence against this Act ”. Aofms.en8.dment by re1p3ea. liSnegcttihoenreeiinghtht eofwtohredsP“ rihnecipshaal lAl fcotr isevaemryensduechd offence be liable to a penalty not exceeding ten pounds ” and by inserting, in lieu of those repealed words, the words “ he shall be guilty of an offence against this Act Aofms.en1d1.ment by re1p4e.alSinegctitohnereelienvetnheof wthoerdPsri“ ncsihpaalll Abcet lisiabamleentodeda penalty not exceeding ten pounds ” and by inserting, in lieu of those repealed words, the words “ shall be guilty of an offence against this Act New s. 11 a . 1 5. The following section, numbered 11 a , is inserted after section eleven of the Principal Act:— oD&nics.S, chufianrredgaairynmg, any “ fi [ r 7 e 7 a a rm .] ( o1n. ) SAunnydapyerssohnallwbheo gdiusiclthyargoefs aonr ocfafrernicees prohibited. against this Act. . (2.) The provisions of subsection one of this section shall not apply to— (i.) The discharging or carrying of a firearm, while he is actually engaged in the carrying out of the purpose, by a person whose usual

FIREARMS. 91 1955; Firearms Acts Amendment Act. and lawful occupation or employment requires .... for any purpose thereof the use by him of that firearm, but the said provisions shall apply to the discharging and to the carrying of that firearm by that person on all other occasions on Sunday as well as to the discharging and to the carrying by him at whatever time on Sunday of a firearm of a type not usually used by persons in the carrying out of the like purpose ; (ii.) The discharging or carrying of a firearm usually used by persons for the like purpose, by a person for the purpose of and while taking part in a shooting match, competition, or contest wherein objects commonly known as day pigeons are projected for the purpose of shooting, nor to the carrying of that firearm by him when proceeding to or from that shooting match, competition, or contest: Provided that sub-paragraph (ii.) of this subsection shall not except from the provisions of subsection one of this section the carrying of a firearm within any city or town, unless that firearm is either broken or has the bolt thereof removed therefrom, or is otherwise rendered unfit to be discharged.”. 16. Section thirteen of the Principal Act is amended ^“e“^nwnt by repealing therein the words “shall be liable for a° s' ' first offence to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding six months, and for any subsequent offence to imprisonment for a term of twelve months ” and by inserting, in lieu of those repealed words, the words “ shall be guilty of an offence against this Act ”. 17. The following section, numbered 14 a , is inserted New e. 14 a . after section fourteen of the Principal Act:— “ [24 a .] (1.) Any person under the age of seventeen prohibition years who discharges, carries, buys, sells, or has in hi8^^^b possession any firearm or any kind of ammunition for persons a firearm shall be guilty of an offence against this Act. seventeen (2.) Any person who sells, hires, gives, lends, or yeara of«« • otherwise supplies any firearm or any kind of ammunition for a firearm to any person under the age of seventeen years shall be guilty of an offence against this Act.

92 FIREARMS. Firearms Acts Amendment Act. 4 E liz . II. No. 4, (3.) Where on the hearing of any proceeding under this section the age of the person charged or in respect of whom the offence is alleged to have been committed is not proved, the justices may decide on their own view and judgment whether such person had attained the age of seventeen years. (4.) (a) An application for a permit authorising the supplying, carrying, having in possession, and discharging of a firearm and of ammunition for that firearm to and by a person under the age of seventeen years for the purposes specified therein may from time to time be made to the member of the Police Force for the time being in charge of the police district in which such person resides or is employed. (6) Upon the receipt of an application under paragraph (a) of this subsection the member of the Police Force in that paragraph referred to may, in his absolute discretion but having regard to the safety of the public, grant or refuse to grant the permit applied for, and, if he grants the permit, may limit its authority to such period and subject to such terms and conditions if any, as he deems fit to impose. (c) Every permit granted under this subsection shall, unless and until revoked under paragraph (d) hereof, authorise, subject to such terms and conditions as may be specified in the permit, the supplying to, and the carrying, having in possession, and discharging by, the person named and for the purposes specified therein of a firearm (and of ammunition for that firearm) of the type and during such period as may be set forth therein and the provisions of subsections one and two of this section shall apply in relation to that person only so far as the authority given by the permit does not extend. ( d ) Any permit granted under this subsection may with or without notice be revoked at any time before its expiry, in his absolute discretion, by the member of the Police Force for the time being in charge of the police district in which that permit was granted and thereupon the permit shall, without further or other authority than this provision, cease to be in force and to give any authority with respect to any firearm or to any ammunition for a firearm : Provided, but without prejudice to the validity of, and enforcement of this Act upon, that revocation, such revocation shall wherever possible be communicated in writing to the person named in the permit revoked.

FIREARMS. 98 1955. Firearms Acts Amendment Act. (e) Every permit granted under this subsection shall upon its expiry or, if sooner revoked, its revocation be delivered by the person named therein to any member of the Police Force who demands the same. Any person who fails to comply with this paragraph shall be guilty of an offence against this Act. (/) Every permit granted under this subsection shall be carried by the person named therein with him at all times while engaged in the carrying out of the purposes for which the permit is granted and shall be produced by that person to any member of the Police Force at any time demanding the production of the same for inspection. Any person who fails to comply with this paragraph shall be guilty of an offence against this Act. (g) No permit granted under this subsection shall authorise or be deemed to authorise the supplying, carrying, having in possession, or discharging to and by the person named therein of any concealable firearm or machine gun or sub-machine gun.”. 18 Section fifteen of the Principal Act is amended Amendment by repealing therein the words “, and shall be liable to a of s' 15‘ penalty not exceeding twenty pounds ”. 19. Section 15 b of the Principal Act is amended by Amendment repealing therein the words “ shall be liable for a first of ®‘ 16®‘ offence to a penalty not exceeding fifty pounds or to imprisonment for a term not exceeding three months, and for a second or subsequent offence to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding six months ” and by inserting, in lieu of those repealed words, the words “ shall be guilty of an offence against this Act ”. 20. Subsection two of section 15c of the Principal Amendment Act is amended by repealing therein the words “ shall be ofs’150 (2)' liable to a penalty not exceeding twenty pounds ” and by inserting, in lieu of those repealed words, the words “ shall be guilty of an offence against this Act ”. 21. The following section, numbered 15 d , is inserted New *. isd . after section 15c of the Principal Act:— “ [25 d .] (1.) Whenever the inspector or Prohibition sub-inspector of police in charge of a police district age’ is of the opinion that, in the public interest, a person for firearms.

94 FIREARMS. Firearms Acts Amendment Act. 4 E liz . II. No. 4, the time being in that district should not be allowed to have in his possession any firearm, the inspector or sub-inspector of police may issue a firearms prohibition order directed to that person. (2.) A firearms prohibition order under this section shall he in writing under the hand of the inspector or sub-inspector of police issuing the same and shall he served upon the person to whom it is directed personally. (3.) Any person upon whom a firearms prohibition order issued under this section is directed and served and who at any time while that order remains in force discharges, carries, buys, sells, or has in his possession any firearm or any kind of ammunition for a firearm shall be guilty of an offence against this Act. (4.) Any person who at any time while a firearms prohibition order issued under this section is in force, knowingly sells, hires, gives, lends, or otherwise supplies to the person subject to that order any firearm or any kind of ammunition for a firearm shall be guilty of an offence against this Act. (5.) Any firearms prohibition order issued under this section may be revoked at any time by the inspector or sub-inspector of police in charge of a police district wherein the person subject to that order is then residing and thereupon such order shall cease to have force and effect. (6.) Any person subject to a firearms prohibition order issued under this section may appeal to the Minister whose decision as to whether that order shall continue or be revoked shall be final and given effect to and without further appeal. (7.) For the purposes of subsection three of this section but without limiting or otherwise affecting any Of the provisions of this section hereinbefore contained, any firearm or any ammunition for a firearm found in any vehicle or in or on any premises shall, in the absence of proof to the contrary, be deemed to be in the possession of any person who— (a) At the time of finding or recently thereto is or was in such vehicle or in occupation ot or any part of such premises, as the case may be; and

1955. FIREARMS. Firearms Acts Amendment Act. 9&: (b) Has been previously convicted of an offence which, is an indictable offence under the laws of this State or any other State, or any Territory, of the Commonwealth or of the Commonwealth or at the time of finding or recently thereto is or was consorting with known or reputed criminals or known or reputed prostitutes.”. 22. The following section, numbered 15 e , is inserted New s-18»- after section 15 d of the Principal Act as previously inserted by this Act:— “ [J5 e .] (1.) Any member of the Police Force may Seizure, at any time seize and detain any firearm or ammunition f^fntioa’ in relation to which this Act has been or is being forfeiture contravened, or in relation to which he reasonably ^cfirearm8’ suspects this Act has been or is being contravened, or which he believes will afford evidence as to the commission of any such contravention. (2.) Unless an order for the delivery of any firearm or ammunition seized and detained under this section is sooner made by a Court of Petty Sessions in the Petty Sessions District in which the seizure was made upon an application under the provisions of section thirty-nine of *“ The Justices Acts, 1886 to 1949,” the firearm or ammunition may be detained for a period of twelve months, or, if within that period proceedings for any offence in which such firearm or ammunition is or can properly be adduced in evidence, have been instituted, until the final determination of those proceedings, including any appeal in the matter of those proceedings. ~ .... (3.) Every firearm and all ammunition seized under this section and in relation to which any offence against this Act has been committed shall, upon the conviction of any person for that offence, be and be deemed to be forfeited to Her Majesty in right of this State : Provided that the Minister may, in his absolute discretion but having regard to the safety of the public, order that any such firearm or ammunition be delivered to the person who was the owner thereof at the time of seizure on such conditions, if any, as the Minister deems fit to impose. .. * 50 Y. No. 17 and amending Acts.

98 FIREARMS. Firearms Acts Amendment Act. 4 E liz . II. No. 4,1955. Any person who contravenes or fails to comply with any condition so imposed in relation to the delivery under this subsection of any firearm or ammunition shall be guilty of an offence against this Act. (4.) Notwithstanding anything to the contrary contained in this Act, any firearm or ammunition seized under this Act shall, if the Minister at his absolute discretion so orders, be forfeited to Her Majesty in right of this State notwithstanding that no person is proceeded against for or convicted of an offence against this Act in relation thereto. (5.) All firearms and ammunition forfeited to Her Majesty under this Act shall be dealt with or disposed of as the Minister may direct. Any such forfeiture, dealing with, or disposal shall not confer upon any person any right to compensation. (6.) The provisions of this section shall be in addition to and not in derogation of the provisions of section 8 a of this Act.”. Repeal of and new s. 16. Offences. General penalty. 23. Section sixteen of the Principal Act is repealed and the following section is inserted in lieu of that repealed section :—: “ [Id.] (1.) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act. (2.) Any person guilty of an offence against this Act shall be liable, if no specific penalty is provided for that offence, to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both such penalty and imprisonment, and for a second or subsequent offence, to a penalty not exceeding two hundred pounds or to imprisonment for a term not exceeding twelve months or to both such penalty and imprisonment.”. Amendment 24. Section nineteen of the Principal Act is amended ofs. 19. by repealing therein the words “ shall be liable to a penalty of not less than ten pounds and not exceeding one hundred pounds ” and by inserting, in lieu of those repealed words, the words “ shall be guilty of an offence against this Act ”.