Firearms and Offensive Weapons Act 1979 (Qld)

667 Qllzrltsiatt r ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 68 of 1979 An Act to regulate the purchase , possession , use, carrying and sale of firearms , to prohibit the possession of certain offensive weapons and articles and for matters incidental to the use thereof [ASSENTED TO 21ST DECEMBER, 1979] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Firearms and Offensive Weapons Act 1979. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation. 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY; PART II-LICENCES; Division 1-Licences Generally;

668 Firearms and Offensive Weapons Act 1979, No. 68 Division 2-Licence for Concealable Firearms; Division 3-Licence for Blank-fire Concealable Firearms for Sporting, Theatrical or Other Use; Division 4-Licence for Antique and Souvenir Firearms; Division S-Licence for Conversion Units for Concealable Firearms; Division 6-Pistol Club Shooter's Licence; Division 7-Visitors to Queensland; Division 8-Restricted Firearm Licence; Division 9-Firearm Licence for Minors; Division 10-Licensing of Dealers; PART I11-APPROVAL OF PISTOL CLUBS; PART IV-SHOOTING GALLERIES; PART V-PROHIBITION ORDERS AND PROHIBITED PERSONS; PART VI-PREVENTED PERSONS; PART VII-OFFENCES; PART VIII-POWERS OF POLICE; PART IX-MISCELLANEOUS PROVISIONS; SCHEDULES. 4. Repeals. The Acts specified in the First Schedule are repealed as and to the extent indicated therein. 5. Savings and transitional . Notwithstanding the provisions of section 4 of this Act, and without limiting the operation of the ActsInterpretation Act1954-1977 or the operation of section I 1 of The Criminal Code- (a) every licence, permit, certificate, entry, copy, extract, document, order, warrant, and generally every act of authority originated under any enactment repealed by this Act and in force at or immediately prior to the commencement of this Act shall continue in force and effect and shall, so far as is consistent with this Act, be deemed to have been originated under and for the purposes of this Act until it expires by effluxion of time or is cancelled, suspended, surrendered or otherwise dealt with under this Act; (b) every person who, immediately prior to the commencement of this Act was the holder of a certificate of registration as a dealer issued to him under The Firearms Acts, 1927-1967 shall be deemed to be a licensed dealer under and subject to the provisions of this Act. 6. Application of Act. This Act does not apply to any person- (a) who is a member of the armed forces of the Commonwealth, of any government which is allied or associated with Her Majesty's forces, or of the police force (including a person appointed a special constable pursuant to The Police Act of 1937) or prison service of the Commonwealth, this State or any other State or territory of the Commonwealth, in respect of his possession during the performance of his duty as' such member of any firearm, conversion unit, ammunition, dangerous

Firearms and Offensive Weapons Act 1979, No. 68 669 article, or protective body vest provided for the use of such forces, service or person or used or carried or acquired in the performance of his duty as such member; (b) whilst actually engaged in the manufacture, assembly or handling of any firearms, conversion units, ammunition or dangerous articles for or on behalf of the Government of the Commonwealth or any State or territory of the Commonwealth; (c) whilst engaged in scientific or experimental work with any .firearm, conversion unit, ammunition or dangerous article under an authority in that behalf granted by the Minister and in compliance with the terms and conditions imposed by that authority; (d) being over the age of 14 years and a member of a rifle or gun club in respect of his possession of a firearm (other than a concealable firearm, restricted firearm, machine gun or sub- machine gun) or ammunition whilst- (i) under the supervision of and in the presence of a club captain or range officer; and (ii) actually engaged as a member of such club in or in connexion with target shooting: Provided that an authorized officer has given approval for persons of the age of that person to be members of that club; (e) being over the age of 12 years and a member of an Australian Cadet Corps pursuant to the Defence Act1903-1973 of the Commonwealth in respect of his possession of a firearm (other than a concealable firearm or restricted firearm) or ammunition whilst- (i) under the supervision of and in the presence of a drill instructor; and (ii) actually engaged as a member of such corps in or in connexion with target shooting, drill or ceremonial occasions; (f) being an employee of and at a museum under the control of the Government of the Commonwealth or of this State in respect of a firearm, conversion unit, ammunition, dangerous article or protective body vest held at the museum, whilst actually engaged in the performance of his duty at the museum; (g) appointed pursuant to The Police Act of 1937 by the Commissioner to enter into training for appointment as a member of the police force, whilst actually undergoing supervised training in the use of firearms; (h) being over the age of 18 years, is the owner, lessee, hirer or licensee of any boat, ship or aircraft in respect of his possession on board or in connexion with, such boat, ship or aircraft of a recognized safety device, signalling apparatus or ammunition therefor as part of the safety equipment of that boat, ship or aircraft; (i) to whom an authorized officer in writing has granted an exemption from the application of those provisions of this Act specified therein (such authorized officer being hereby authorized so to do) in respect of the application of those provisions; or

670 Firearms and Offensive Weapons Act 1979, No. 68 (j) to whom the Governor in Council has by Order in Council granted an exemption from the application of those provisions of this Act specified therein (the Governor in Council being hereby authorized so to do) in respect of the application of those provisions. 7. Interpretation. (1) In this Act, unless the contrary intention appears- " ammunition " includes anything manufactured and any component which is or which may be made, designed or intended to discharge from a firearm and includes a grenade, bomb, other missile or part thereof which may be discharged or projected by or with a firearm: The team also includes any blank cartridge, primer or cap designed for firing in a blank fire firearm; " antique concealable firearm " includes- (a) a concealable firearm designed for muzzle loading or for firing by flint; (b) a concealable firearm in respect of which ammunition is not commercially available and has been approved by an authorized officer as being an antique concealable firearm; " approved pistol club " means a club or organization approved pursuant to Part III as a pistol club; " arrest " when used with reference to persons means arrest without any warrant other than this Act and the taking of such person to a police establishment, there to be detained (unless he is released upon recognizance) until he can be brought before a court to be dealt with according to law; " attendance card " means an attendance card .of a member of an approved pistol club; " authorized officer " means the member of the police force for the time being appointed by the Commissioner as an authorized officer pursuant to section 8: The term includes the Commissioner; " blank fire concealable firearm " includes a concealable firearm that is capable of firing blank cartridges; " chief range officer " in relation to an approved pistol club means the person for the time being appointed as such by the governing body of that club; " Commissioner" means the Commissioner of Police within the meaning of The Police Act of 1937, and includes any person who for the time being occupies the office or performs the duties of the Commissioner; "commissioned officer" means the Commissioner, the Deputy Commissioner and every Assistant Commissioner, superintendent (including Chief Superintendent), inspector, principal technical officer and principal scientific officer appointed as such by the Governor in Council pursuant to The Police Act of 1937; " concealable firearm " includes any firearm designed, adapted or modified so as to be reasonably capable of being fired from the one hand: The term includes- (a) any firearm which is less than 75 centimetres in overall length;

Firearms and Offensive Weapons Act 1979, No. 68 671 (b) any blank fire concealable firearm; (c) any part of any concealable firearm; (d) anything declared by Order in Council to be a concealable firearm; " conversion unit " includes any unit or device or barrel which is capable of being used for converting a concealable firearm from one calibre to another calibre; " dangerous article " includes- (a) a machine gun, sub-machine gun or grenade or any part or replica thereof; (b) any walking stick gun or disguised firearm; (c) any firearm or weapon capable of discharging by any means whatsoever any- (i) corrosive, noxious or irritant liquid, powder, gas, chemical or smoke or mixture thereof; or (ii) any substance (other than conventional ammunition) capable of causing any bodily harm; (d) any other article appearing to be other than a firearm under and within the meaning of this Act which comprises a tube or barrel made or adapted for use for discharging any shot, bullet, or other missile or from which any corrosive, noxious or irritant liquid, powder, gas, chemical, or substance capable of causing any bodily harm can be emitted; (e) any sword stick or other article which is formed or constructed so as to disguise a concealable knife or cutting blade or piercing instrument; (f) any spring-loaded knife, button knife or flick knife or any knife so designed or constructed so that whilst the knife is held in one hand, the blade may be released by that hand; (g) any article of clothing or wearing apparel or adornment, which is formed, designed or otherwise constructed and which disguises any attached or separable concealed knife, blade or other cutting or piercing instrument; (h) a device commonly known as a " Molotov Cocktail " and consisting of a container or article the main content of which is an inflammable liquid or substance and which device is equipped with a means of ignition, whether that means of ignition is a wick, an explosive or other device, a fuse or a chemical substance; (i) any explosive device known as or similar to a bomb or mortar bomb or similar device whether designed for throwing by hand or for projection by any other means whatsoever being or containing any " explosive " as defined by the ExplosivesAct1952-1978, or containing any corrosive, noxious, irritant or chemical substance capable of causing any damage or injury to property or capable of causing bodily harm; (j) any device, constructed or converted, containing any corrosive, noxious or irritant chemical, or other dangerous or explosive substance, capable of causing damage or injury to property or capable of causing bodily harm, and possessed with the intention or apparent intention of causing any such damage or bodily harm whether to a particular person, place, or thing, or not;

672 Firearms and Offensive Weapons Act 1979, No. 68 (k) a device commonly known as an electric shock baton capable of discharging an electric shock or any similar weapon, but does not include a low voltage device commonly known as a jigger used or designed for use in controlling the movement of livestock; (1) any other article or thing whatever declared by Order in Council to be a dangerous article for the purposes of this Act; "dealer" includes a person who by way of trade, business, or custom, whether or not for reward or benefit, manufactures, purchases, sells, transfers, repairs, converts or modifies firearms, any parts thereof or conversion units for firearms or who by way of trade or business exposes for sale or has in his possession any such thing, for sale, transfer, assembly or repair; " financial organization " includes any bank or other corporation, firm or organization whose main purpose of business is the dealing in, security of, guarding of, or transporting of cash; " firearm " includes- (a) a gun or other weapon- (i) that is capable of propelling a projectile by means of an explosive; (ii) that is capable of propelling a projectile by any, other means and which if used in a normal manner is capable of causing bodily harm; or (iii) that is capable of discharging a blank fire cartridge; (b) a gun or weapon designed or adapted for the discharge of any noxious, corrosive, or irritant liquid, powder, gas, chemical or substance capable of causing bodily harm; (c) any thing whatsoever declared by Order in Council to be a firearm for the purposes of this Act; (d) a gun, weapon or other thing which, if any part or parts thereof were replaced or defect therein or condition thereof were remedied or rectified, would be a gun, weapon or thing defined in provision (a), (b) or (c) hereof, but does not include- (e) a long-bow; (f) a cross-bow; (g) a spear gun; or (h) an explosive-powered tool as defined in the ConstructionSafety Act1971-1975, when not used as a weapon; " grenade " includes any article or thing whatsoever commonly known as a grenade and which is made or used as an explosive or ignition grenade and whether designed for throwing by hand or for projection by any other means whatsoever and containing "explosive" (as defined by the ExplosivesAct1952-1978) or containing any corrosive, noxious, irritant or chemical substance capable of causing any damage or injury to property or capable of causing bodily harm; " licence " means a licence or provisional licence issued or renewed under this Act and in force in all respects at the material time;

Firearms and Offensive Weapons Act 1979, No. 68 673 " licensed dealer " means a person who at the material time is the holder of a dealer ' s licence issued or renewed under this Act; " licensee " means the person in whose name a licence which is in force at the material time has been issued or transferred: The term includes in the case of a financial organization the person who at the material time acts as or is the manager, branch manager or other person supervising the business or activity of the financial organization at the premises or location in respect to which a licence has been issued; " machine gun " or " sub-machine gun " means any firearm or any part thereof which is fully automatic in its operation and actuated by the energy developed when it is being fired; " member of the police force " includes the Commissioner, the Deputy Commissioner , every Assistant Commissioner, every superintendent ( including Chief Superintendent ), inspector, technical or scientific officer ( including every principal technical officer and principal scientific officer ) sergeant and constable of police of the police force of the State of Queensland; Minister " means the Minister of the Crown for the time being administering this Act and includes any Minister of the Crown who is temporarily performing the duties of the Minister; ` officer in charge of police " includes any member of the police force of whatever rank or grade who is for the time being in charge of a police establishment; " official club shooting " means a meet conducted by the governing body of an approved pistol club; " owner " when used in relation to firearms, includes any person for the time being in lawful possession thereof; " person " includes any body or association of persons corporate or unincorporate; " police establishment " includes any police station or station within a Police District to which members of the police force are assigned for police purposes : The term includes- (a) the Traffic Branch, Criminal Investigation Branch, the Water Police Station, Brisbane , and any watchhouse; (b) any building or yard appropriated to the use of members of the police force for the time being attached to any police squad, section , unit, division , or bureau with all fixtures therein or thereon; " police officer " means any member of the police force of the State of Queensland, of the Commonwealth or of any other State or territory of the Commonwealth : The term also includes any special constable appointed pursuant to The Police Act of 1937; " possession " includes in relation to any thing- (a) having the thing in one's custody; (b) having the thing under one's control in any place, whether or not another has custody of the thing; (c) having an ability to obtain custody of the thing at will; (d) having a claim to custody of the thing which the claimant has committed to the custody of another, notwithstanding that the thing is temporarily not in the control of the person having such claim;

674 Firearms and Offensive Weapons Act 1979, No. 68 " premises " includes a building or structure or any part thereof, a tent, caravan, railway vehicle, ship, aircraft, vessel, messuages, lands, easements, tenements of any tenure, any vehicle, and any other place declared by Order in Council to be premises for the purposes of this Act; " prevented person " means a person designated a prevented person pursuant to section 62; " primary producer " means a person (not being a person engaged in primary production as an employee on wages or piecework rates) primarily engaged in the occupation of- (a) dairy farmer; (b) wheat, maize, or cereal grower; (c) cane grower; (d) fruit grower; (e) grazier; or (f) farmer, whether engaged in general or mixed farming,. cotton, potato, or vegetable growing, or poultry or pig raising: The term also includes any person or class of persons declared by Order in Council to be primary producers for the purposes of this Act; " prohibited person " means- (a) a person designated a prohibited person pursuant to section 61; (b) a person named in and upon whom a prohibition order has been served pursuant to Part V, for so long as the order remains in force; " prohibition order " means a prohibition order issued pursuant to section 58; " protective body vest " includes any article, device or garment constructed, formed, or made of any material which is designed for or capable of protecting the trunk or torso of any person in possession of such article, device or garment from injury resulting from the discharge of any firearm or the explosion cf any explosive substance or the use of any dangerous article but does not include any article, device or garment used by a person in the ordinary course of his lawful occupation or in his bona fide participation in any sport whilst so used ; " public place " includes every road, and every place of public resort open to or used by the public as of right: The term includes- (a) any vessel, vehicle, aircraft, shop, room, office, house, outhouse, yard, licensed premises within the meaning of the Liquor Act1912-1978, field, ground, park, reserve, garden, wharf, pier, jetty, platform, market, passage, or other building, premises or place for the time being used for a public purpose or for the time being open to access by the public, whether on payment or otherwise, or for the time being open to access by the public by the express or tacit consent or sufferance of the owner or occupier, and whether the same is or is not at all times so open; and (b) any place declared by Order in Council to be a public place for the purposes of this Act;

Firearms and Offensive Weapons Act 1979, No. 68 675 " range " means- (a) when used in relation to an approved pistol club, the place in respect of which the approval has been granted and in or on which the members of that club engage in shooting with concealable firearms; (b) when used in relation to a rifle or gun club, the place in or on which members of that club engage in shooting with firearms ; " replica firearm " includes- (a) any reasonable facsimile of a firearm whether or not such thing is capable of discharging any projectile; or (b) any thing declared by Order in Council to be a replica firearm for the purposes of this Act; " sale " includes barter, exchange or aggeement to sell; " silencer " means any device or contrivance made or used, or capable of being used or intended to be used, for the purpose of reducing the sound caused by discharging a firearm; " spear gun means any article or device that- (a) is capable of propelling a spear or arrow or any instrument or thing similar to a spear or arrow by any means whatever; (b) is operated by means of a trigger or other similar device; and (c) is designed or intended for use in, through or under water; " weapon " includes any thing which though not ordinarily regarded as a weapon is used offensively against any person. (2) If each of two or more persons is in possession of any thing that is part of a firearm or dangerous article and it appears that- (a) if those things were fitted together, they would constitute a firearm or dangerous article; and (b) the division of those things between or among such persons is for some purpose agreed by them, then for the purposes of this Act each of such persons shall be taken to have possession of a firearm or, as the case may be, a dangerous article. (3) Where in breach of any provision of this Act one person has custody of any thing- (a) by reason of the consent or agreement of another person or other persons; or (b) by reason of any facility made available by another person or other persons and with the knowledge of that other person or other persons, then for the purposes of this Act that other person or, as the case may be, each (6 those other persons shall be deemed to have possession of that thing. 8. Authorized officer . The Commissioner may in writing from time to time appoint a member of the police force to be an authorized officer for the purposes of this Act. The Commissioner is at all times an authorized officer for the purposes of this Act.

676 Firearms and Offensive Weapons Act 1979, No. 68 PART II-LICENCES Division 1-Licences generally 9. Issue of licences. An authorized officer or, where so prescribed, a police officer may issue or renew licences under this Act. 10. Manner and form of application for licence . An application for a licence or for renewal of a licence shall be in or to the effect of the prescribed form and, save where otherwise prescribed, shall be made by the applicant personally to the officer in charge of police for the division of the Police District in which the applicant resides and shall be accompanied by the prescribed fee (if any). 11. Inquiries into application . Where an application for a licence is lodged with an officer in charge of police or, where prescribed, with an authorized officer, the officer in charge or, as the case may be, the authorized officer may- (a) make or cause to be made any inquiry, investigation, inspection, examination, or test in respect of the applicant or the application; (b) require, at any time prior to the determination of the application the furnishing by the applicant of any information, further information, authority, certificate, form, photograph, finger print, palm print or foot print; (c) make such use as he sees fit of any such information, further information, authority, certificate, form, photograph, finger print, palm print or foot print so obtained; (d) furnish any report relevant to such applicant, application or inquiry; (e) make such recommendation in relation to the application as he thinks proper. 12. Initial application to be determined by authorized officer. (1) Where an application for a licence, other than for a renewal of a licence, is lodged, the application shall be determined by an authorized officer who after a consideration of any matter at his disposal may approve the application either unconditionally or subject to such conditions as he may determine or may refuse the application. (2) Where an application for a licence is approved, the authorized officer shall issue the appropriate licence in or to the effect of the prescribed form and, where the application is approved subject to conditions, shall endorse those conditions on the licence. 13. Renewal of licences. (I) Any person desiring to renew a licence shall within a period of not more than 60 days and not less than 14 days prior to the expiry date of that licence lodge an application for renewal thereof in or to the effect of the prescribed form with the officer in charge of police for the division of the Police District in which the applicant is then residing together with the prescribed fee for such renewal. (2) An application for the renewal of an existing licence shall, subject to section 11, be determined by an authorized officer or the officer in charge of police for the division of the Police District in which the application is lodged.

Firearms and Off ensive Weapons Act 1979, No. 68 677 (3) Upon approval of an application for renewal, a licence may be renewed according to the duration of the period of renewal either by endorsement on the existing licence or by the issue of another licence. (4) An officer in charge of police who refuses to approve an application for renewal of a licence shall forward the application together with his report and recommendation to an authorized officer who shall determine the matter. (5) In his determination of an application for renewal of a licence pursuant to subsection (2) or (4), an authorized officer may approve the application either unconditionally or subject to such conditions as he may determine or may refuse the application. (6) Where an application for renewal of a licence is approved subject to conditions, those conditions shall be endorsed on the existing licence or where another licence is issued on that other licence. (7) When lodging an application for renewal of a licence for a concealable firearm, conversion unit, antique concealable firearm, souvenir concealable firearm, restricted firearm, souvenir machine gun or souvenir sub-machine gun, an applicant shall produce for inspection the firearm or conversion unit the subject of the application. 14. Notice of refusal to issue or renew licence . Where any application for or for the renewal of a licence is refused by an authorized officer, he shall issue a notice of refusal in or to the effect of the prescribed form and shall forward such notice to the applicant by certified mail at his address as shown in the application. 15. Licence not transferable . Save where otherwise expressly provided in this Act, a licence shall not be transferable. 16. Duration of licence . Subject to this Act, a licence issued or renewed pursuant to this Act shall continue in force- (a) in the case of a licence for an antique concealable firearm or a licence for a souvenir concealable firearm, souvenir machine gun or souvenir sub-machine gun, for such period; or (b) in any other case, for such period not exceeding two years, as shall be determined by the person who issues or renews the same. 17. Revocation of licence where cheque not honoured . If any applicant for a licence pays the fee for the licence by cheque and the cheque is not honoured on presentation, the licence for which the cheque was tendered may be revoked by any member of the police force and the applicant shall on demand made by that member immediately deliver the revoked licence to the person making the demand. If, after such demand, an applicant fails so to deliver or uses the revoked licence, he commits an offence against this Act. Nothing in this section shall prevent the acceptance of the amount of a fee in cash where that amount had previously been paid by a cheque which has not been honoured on presentation.

678 Firearms and Offensive Weapons Act 1979, No. 68 18. Conditions upon licence subsequent to issue or renewal. (1) Subsequent to the issue or renewal of a licence, an authorized officer may determine- (a) that such licence shall be subject to such conditions or such further conditions; or (b) that any condition to which the licence is subject be withdrawn or modified, as he considers necessary. (2) An authorized officer may by notice in or to the effect of the prescribed form require the holder of any licence to produce that licence, and that holder shall produce that licence, at the place therein specified on or before the time and date therein specified. 19. Endorsement of licences . A person (other than an authorized officer or, where prescribed, the officer in charge of police for a division of a Police District) shall not make, alter or erase any endorsement or any part thereof upon or from any licence. 20. Change of particulars in licence . Within 14 days of the occurrence of any event whereby any material particular contained in or endorsed upon a licence has been varied, the licensee shall personally deliver the licence to the officer in charge of police for the division of the Police District in which he resides. The officer in charge of police may, upon being satisfied of the correctness of such change, endorse such licence according to such variation and shall cause particulars of such variation to be forwarded to an authorized officer. 21. Possession of licence . Subject to this Act, a person, whilst he is using, carrying or transporting a concealable firearm, conversion unit, restricted firearm, machine gun or sub-machine gun, shall carry a licence issued to him in respect of that firearm or conversion unit: Provided that this section shall not apply to- (a) a primary producer, a member of the family of a primary producer who resides with that primary producer or an employee of a primary producer in respect of his carrying a concealable firearm (licensed in the name of the primary producer and with his permission) for the purpose of destroying vermin or decrepit animals on the property of that primary producer or whilst travelling to any property of that primary producer from any other property of that primary producer for that purpose-or returning therefrom; (b) any person, not being a prohibited person or a prevented person, who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of- (i) a licensed dealer; (ii) any branch of the armed forces of the Commonwealth; or (iii) any authority of the Commonwealth or of the State, in respect of his possession of merchandise consigned thereto or therefrom; (c) a licensed dealer and any person (other than a prohibited person or a prevented person) who is an agent or employee of a licensed dealer in respect of his possession in the actual

Firearms and Off ensive Weapons Act 1979, No. 68 679 and ordinary course of trade or business of a dealer of any firearm or conversion unit in compliance with the terms and conditions of the dealer's, licence. 22. Reporting loss, destruction or theft of licence etc. Where any licence, thing licensed or any part thereof is lost or stolen the licensee shall forthwith on becoming aware of such loss, destruction or theft report the matter to the officer in charge for the division of the Police District in which he is then located. 23. Revocation of licence. (1) An authorized officer may, in his absolute discretion, revoke any licence by serving upon the licensee a notice of revocation in or to the effect of the prescribed form. (2) A licence shall be revoked on and from the date specified in the notice of revocation being a date not prior to the date of service of the notice. 24. Surrender notice in relation to firearms or licences . (1) If, at any time during the currency of a licence it is revoked, cancelled, deemed by this Act to be void, surrendered or in any other manner is deemed to be invalid, an authorized officer shall cause a surrender notice in or to the effect of the prescribed form to be served on the licensee. (2) A surrender notice shall state the time and date upon which, the member of the police force to whom and the place whereat the person to whom it is directed shall surrender the licence and the firearm or conversion unit specified therein (if any). (3) When a surrender notice is to have effect forthwith, service shall be effected personally. (4) Upon service of a surrender notice, the person to whom it is directed shall on or before the time and date and at the place indicated therein surrender to the member of the police force indicated therein- (a) the document which had been a licence; and (b) the firearm or conversion unit (if any), indicated in the notice: Provided that if any firearm or conversion unit has already been surrendered to a member of the police force, or delivered to a licensed dealer for sale or disposal, the person to whom the notice is directed shall, on or before the date for surrender thereof specified in the notice, supply all particulars of such surrender or delivery as are within his knowledge or as are required by a member of the police force. (5) If the time from which the surrender notice is to take effect is other than forthwith, the person to whom it is directed may apply to an authorized officer for an extension of the time in which the notice is to take effect. An authorized officer may, in his absolute discretion, by approval under his hand, extend the date of effect of such notice, in which case the provisions of this section shall apply as if such extended date were the date specified in the notice. 25. Restriction on minors holding licences in respect of firearms. Save where otherwise expressly provided in this Act, a licence in respect of any firearm or conversion unit shall not be granted or issued to any person who is under the age of 18 years.

680 Firearms and Offensive Weapons Act 1979, No. 68 Division 2-Licence for Concealable Firearms 26. Concealable firearms . (1) Subject to this Act, a person shall not have in his possession or otherwise acquire a concealable firearm unless he holds a licence in respect of that concealable firearm : Penalty: For a first offence $400 or imprisonment for six months, or both such fine and imprisonment; For a second or subsequent offence $800 or imprisonment for 12 months, or both such fine and imprisonment. (2) Where any person who is convicted of any offence defined in subsection (1) has been previously convicted, whether in Queensland or elsewhere, of an indictable offence and has served a sentence of imprisonment in respect of such indictable offence, the court before whom such person is convicted shall, in addition to any other penalty it may impose, sentence such person to a term of imprisonment of not less than three months and not exceeding three years which sentence of imprisonment shall not be suspended, mitigated or waived, any Act of law to the contrary notwithstanding. 27. Financial organization . (1) Where an authorized officer is satisfied that a concealable firearm is to be used for the sole purpose of protecting the property of or in possession of a financial organization, he may grant or issue a concealable firearm licence in the name of either the financial organization or proprietor, manager, branch manager or an officer of that financial organization. (2) An officer of a financial organization to or in respect of which a concealable firearm licence is issued shall furnish.such particulars of any member or employee of that organization as may be required from time to time by an authorized officer. (3) Any member or employee of a financial organization to or in respect of which a concealable firearm licence is issued who- (a) is over the age of 18 years; and (b) is not a prohibited person or a prevented person, may have possession of a concealable firearm to which the licence relates whilst in the actual course of protecting the property of the organization or whilst practising shooting at an approved pistol club range notwithstanding that- (c) the name of such person does not appear on the licence; and (d) tI at person does not carry the licence. (3) Where a concealable firearm licence is issued to a financial organization that ceases operations as such, is sold or otherwise disposed of, then the proprietor, manager, branch manager or officer in charge of the financial organization on the day of such cessation, sale or, as the case may be, disposal, shall on that day deliver to an authorized officer or an officer in charge of police the concealable firearm and the licence. (4) When a licensee ceases to hold the position within a financial organization that he held at the time of issue of the licence in his name on behalf of that financial organization pursuant to subsection (1), he shall within 14 days of such cessation lodge with an authorized officer a notice in or to the effect of the prescribed form whereupon the licence shall be deemed to be transferred to the person who succeeds the licensee in that position within that financial organization if he is eligible under this Act to hold such a licence.

Firearms and Offensive Weapons , Act 1979, No. 68 681 Division 3-Licence for Blank-fire Concealable Firearms for Sporting, Theatrical or Other Use 28. Sporting , athletic, theatrical or other organizations . (1) A licence in respect of a blank-fire concealable firearm may be issued in the name of any eligible person who is a member of a sporting, athletic or theatrical organization on behalf of that organization. An authorized officer may, in his absolute discretion, issue a licence in respect of a blank-fire concealable firearm in the name of any eligible person who is a member of any organization on behalf of that organization. Subject to the terms and conditions of the licence issued in the name of any person on behalf of an organization pursuant to this division,- any member of that organization who- (a) is over the age of 18 years; and (b) is not a prohibited person or is not a prevented person, may, with the authority and permission of and under the instruction of the licensee, possess or use the blank-fire concealable firearm, the subject of the licence, in the course of the actual conduct of the organization's activities notwithstanding that he is not the holder of a licence in respect thereto. (2) When a licensee ceases to hold the position within, an organization that he held at the time of issue of the licence in his name on behalf of an organization pursuant to subsection (1), he shall within 14 days of such cessation lodge with an authorized officer a notice in or to the effect of the prescribed form whereupon the licence shall be deemed to be transferred to the person who succeeds the licensee in that position within the organization if he is eligible under this Act to hold the licence. (3) For the purposes of this section, the term " sporting, athletic or theatrical organization" shall include any primary, .secondary_ or tertiary place of education. Division 4-Licence for Antique and Souvenir Firearms 29. Antiques and souvenirs . (1) A person shall not possess or otherwise acquire an antique concealable firearm, a souvenir concealable firearm, a souvenir machine gun or a souvenir sub-machine gun unless he holds a licence in respect of that firearm. (2) A licence in respect of an antique concealable firearm, a souvenir concealable firearm, a souvenir machine gun or a souvenir sub-machine gun shall not be granted or issued unless an authorized officer is satisfied that- (a) the firearm, the subject of the application, has been produced to the person to whom the application has been made; and (b) in the case of a souvenir concealable firearm, a souvenir machine gun or a souvenir sub-machine gun, the firearm, machine gun or sub-machine gun is, or has been rendered by a member of the police force, incapable of operation as a firearm, machine gun or sub-machine gun. (3) No action shall lie against any member of the police force for anything done or omitted to be done or caused to be done to any firearm in pursuance of this section. (4) Where there is in force a souvenir licence in respect of a concealable firearm, a machine gun or a sub-machine gun, the licensee shall produce for inspection, at least once every two years from date of issue

682 Firearms and Offensive Weapons Act 1979, No. 68 of that licence, the firearm which is the subject of that licence to the officer in charge of police for the division of the Police District in which he resides. The officer in charge to whom such souvenir concealable firearm, souvenir machine gun or souvenir sub-machine gun is produced for inspection shall inspect it to ascertain that it is still incapable of operation. Upon being satisfied that it complies with the licence and is incapable of operation, the officer in charge shall endorse the licence with date of inspection. Division 5-Licence for Conversion Units for Concealable Firearms 30. Conversion units. (1) A person shall not possess a conversion unit unless he holds a licence in respect of that conversion unit. (2) A licence shall not be issued in respect to any conversion unit which does not in the opinion of an authorized officer bear sufficient marks of identification thereon. Division 6-Pistol Club Shooter's Licence 31. Licence to shoot at pistol clubs . (1) No person shall participate in the sport of pistol shooting at an approved pistol club unless he is the holder of a pistol club shooter's licence or a pistol club shooter's provisional licence. (2) A pistol club shooter's licence or a pistol club shooter's provisional licence shall not be granted or issued to a person unless he is a financial member or financial provisional member of an approved pistol club. (3) The licensee of a pistol club shooter's licence or :a pistol club shooter's provisional licence shall, within 14 days of ceasing to be a financial member or financial provisional member of any approved pistol club, present his licence for cancellation to the officer in charge for the division of the -Police District in which he resides. 32. Pistol club shooter ' s licence. (1) An application for a pistol club shooter' s licence shall not be granted in respect of a concealable firearm unless the concealable firearm is approved by the governing body of an approved pistol club as being suitable for use upon a range of that pistol club. (2) An application for a pistol club shooter's licence shall not be granted or renewed unless the application is accompanied by- (a) a certificate under the hand of the president or secretary of an approved pistol club certifying- (i) that the applicant is a financial member of the club; and (ii) that the concealable firearm, the subject of the application, has been approved by the governing body of the club and is suitable for the sport of target shooting upon a range of that club; and (b) in the case of an application for renewal, the attendance card of the applicant for the period of the licence or a renewal thereof the subject of the application immediately preceding the date of the application. (3) A pistol club shooter's licence may be issued to an approved pistol club in the names of two members of the governing body of that club on behalf of that club in respect of a concealable firearm which is required to be purchased, kept, possessed or used by or on behalf of members of the club.

Firearms and Offensive Weapons Act 1979, No. 68 683 (4) A pistol club shooter's licence issued pursuant to subsection (3) shall specify thereon the names and addresses of the person or persons who shall be responsible for the safekeeping of the concealable firearm the subject of the licence when not in use by members of that club. (5) When a licensee ceases to hold the position within the governing body-of an approved pistol club that he held at the time of issue of the licence in his and another person's name on behalf of that club, he shall, within 14 days of such cessation, lodge with an authorized officer a notice in or to the effect of the prescribed form whereupon the licence shall be deemed to be transferred to another person, named in that notice, on the governing body of that club who is eligible under this Act to hold that licence. (6) An authorized officer shall not grant licences to any person or any approved pistol club in respect of a greater number of concealable firearms, or a greater number of concealable firearms of any class, than he considers adequate and reasonable to meet the needs of that person or that club. (7) Without limiting the powers of an authorized officer to revoke any licence, an authorized officer may refuse to renew any pistol club shooter's licence where in his opinion the applicant has not been an active member of an approved pistol club or has not regularly attended or participated in target practice or target shooting as a member of that club. (8) The licensee of a pistol club shooter's licence may have, use, carry or transport- (a) the concealable firearm referred to in such licence- (i) in accordance with any condition attached to the licence; (ii) whilst actually travelling to or from an approved pistol -club; (iii) whilst actually travelling to or from the premises of a licensed dealer; (iv) whilst actually on the range of an approved pistol club; (v) whilst at the residential address endorsed on the licence; or (vi) whilst actually travelling within Queensland in connexion with a competition conducted by a pistol club outside Queensland ; (b) with the authority of the chief range officer of an approved pistol club, a concealable firearm licensed in the name of members of the governing body of that club whilst he is on the range of that club; (c) on the range of an approved pistol club, a concealable firearm licensed in the name of a member of any approved pistol club with the approval of that member who is on; that range, but for no other purpose. 33. Pistol club shooter ' s provisional licence. (1) A pistol club shooter's provisional licence may be issued to any person over the age of 14 years who- (a) has satisfied an authorized officer that he is a fit and suitable person to be so licensed; and (b) has produced a certificate under the hands of the president and secretary of an approved pistol club acknowledging that at all times whilst the holder of the provisional licence has or uses a concealable firearm at such club he will be

684 Firearms and Offensive Weapons Act 1979, No. 68 personally supervised by the holder of a pistol club shooter's licence as designated on each particular occasion by the chief range officer. (2) A pistol club shooter's provisional licence shall entitle the licensee only to have and use a concealable firearm which is supplied to him on the range of the approved pistol club of which he is a member and which concealable firearm is the subject of a pistol club shooter's licence and then only whilst he is under the personal supervision of the holder of a pistol club shooter's licence who has been designated by the chief range officer to supervise him. Division 7-Visitors to Queensland 34. Visitors to Queensland authorized elsewhere to possess concealable firearms. (1) Subject to subsection (2), a person who by a valid authority pursuant to the law of- (a) a State (other than Queensland) or territory of the Commonwealth; or (b) another country, is entitled to possess a concealable firearm or conversion unit in that State, territory or country (the proof of which shall be upon him), may be granted or issued with any licence which may be granted or issued under this Act in respect of that class of firearm. (2) A licence granted or issued under this section shall- (a) be valid for the period, not to exceed three months, specified therein; and (b) be endorsed with the words " VISITOR'S LICENCE ". Division 8-Restricted Firearm Licence 35. Restricted firearm licence . (1) The Governor in Council by Order in Council may from time to time declare any class or classes of firearms to be restricted firearms for the purposes of this Act. (2) In addition to any class of firearm declared pursuant to subsection (1) to be a restricted firearm, the following firearms are restricted firearms for the purposes of this Act:- (a) Boys •55 calibre antitank rifle; (b) Granatbuchse 7.92 millimetre antitank rifle. (3) Subject to this Act, a person shall not have in his possession or otherwise acquire a restricted firearm unless' he holds a licence in respect of that firearm. (4) Subject to this Act, a person shall not sell or in any manner supply to any other person a restricted firearm, unless that other person first produces a licence authorizing him to possess such firearm. Division 9-Firearm Licence for Minors 36. Firearm licence for minors . An authorized officer may grant a licence to a person over the age of 14 years and under the age of 17 years to possess and use a firearm (not being a concealable firearm or restricted firearm) or ammunition therefor, if he is satisfied that that person- (a) is of good character and repute; (b) has a valid reason for possessing or using the firearm or ammunition; and (c) will use, carry or possess the firearm or ammunition without danger to the public or to the peace.

Firearms and Offensive Weapons Act 1979, No. 68 685 Division 10-Licensing of Dealers 37. Dealers to be licensed . (1) Subject to this Act, a person shall not be or act as a dealer in relation to a firearm or conversion unit unless he first obtains a dealer's licence authorizing him to be or act as a dealer in respect of firearms or conversion units of that nature or type."; (2) Subsection (1) does not apply to a person, not being a prevented person or a prohibited person, who is an agent or employee of a licensed dealer whilst acting as such agent or employee. 38. Dealer ' s premises . (1) An applicant for a dealer's licence in respect of concealable firearms, conversion units, restricted firearms, machine guns or sub-machine guns shall fully describe in the application the premises at which he proposes to act as or be a dealer. (2) A dealer's licence shall be restricted to the premises (being not more than one) specified therein and shall not be transferred to any other premises: Provided that a dealer licensed in respect of concealable firearms or conversion units may display for the purposes of sale, concealable firearms or conversion units at the range of an approved pistol club. (3) Before granting or renewing a dealer's licence, an authorized officer may require proof to his satisfaction that the premises or proposed premises are suitable as a place of business for a dealer. (4) Without in any way limiting the power of an authorized officer to consider any other matters or things, an authorized officer may, in deciding the suitability of any premises for a place of business for a dealer, have regard to any of the following- (a) the location of the premises; (b) the construction of the premises; (c) the security of the premises against unauthorized entry; (d) the security and safekeeping of any concealable firearm, conversion unit or restricted firearm as to storage or display by means of safes, strongrooms or otherwise; (e) the facilities for any efficient bullet recovery box or bullet stop in connexion with the firing or testing of any firearm. 39. Dealer to keep register. (1) Every licensed dealer shall keep at the premises specified in his licence a Register of Transactions in the prescribed form. Such register shall consist of a book bound to the satisfaction of an authorized officer. No page or any part of the register shall be removed therefrom. (2) In respect of every transaction relating. to the manufacture, purchase, sale or transfer of any concealable firearm, conversion unit, restricted firearm, machine gun or sub-machine gun the dealer concerned shall- (a) forthwith enter in the Register of Transactions the prescribed particulars; and (b) within fourteen days of the transaction notify an authorized officer the prescribed particulars in or to the effect of the prescribed form.

686 Firearms and Offensive Weapons Act 1979, No. 68 (3) In respect of every transaction relating to the purchase or sale of any firearm (other than a concealable firearm, restricted firearm,.machine gun or sub-machine gun) the dealer concerned shall enter forthwith in the Register of Transactions the prescribed particulars. (4) An entry in a Register of Transactions shall not be altered or in any manner erased or disguised, and where in relation to any entry therein the maker detects an error, he shall not correct the matter but shall make a fresh entry. (5) A person- (a) who ceases to be a licensed dealer; (b) who completes or has no further use of a Register of Transactions; or (c) whom an authorized officer has so requested, shall deliver, within 14 days from such cessation, completion or request, the Register of Transactions to an authorized officer or a member of the police force. 40. Annual return by licensed dealer . Before 31 July in each year, every licensed dealer shall furnish in or to the effect of the prescribed form to an authorized officer, particulars of all concealable firearms, conversion units, restricted firearms, machine guns and sub-machine guns held in stock by him as at midnight on 30 June in that year. 41. Proof of entitlement to possession before sale , etc. Before accepting, purchasing, selling, delivering, supplying, repairing. or in any way dealing with any concealable firearm, conversion unit, restricted firearm, machine gun or sub-machine gun from, to or for any person or selling any firearm to any person, a dealer shall demand that, and shall not so accept, purchase, sell, deliver, supply, repair or deal therewith until that person proves to the dealer's satisfaction that he is entitled to have possession thereof. 42. Security of firearms . A licensed dealer shall take all reasonable precautions to ensure the safekeeping of all concealable firearms, conversion units, restricted firearms, machine guns and sub-machine guns in his possession. PART III-APPROVAL OF PISTOL CLUBS 43. Approval of pistol club. (1) On and after the commencement of this Act, a person or body of persons shall not conduct or continue to conduct a club or organization for the sport of target shooting with concealable firearms unless the club or organization has been approved by an authorized officer as a pistol club. (2) An authorized officer may at any time withdraw approval given pursuant to subsection (1). 44. Application for approval. Without limiting the powers of the Governor in Council to make regulations in relation thereto, an application under this section shall- (a) describe fully the location of the proposed firing range of the club or proposed club; (b) be accompanied by a copy of the constitution of the club or proposed club; ° (c) be accompanied by such information as may be required by an authorized officer;

Firearms and Offensive Weapons Act 1979, No. 68 687 (d) contain particulars of the appointed or proposed office bearers of such club; (e) state the names, addresses, occupations and ages of the members of the club. 45. Approval of range. (1) The members of a pistol club shall not use a place as the range of the club unless an authorized officer has approved, in writing, the situation, construction, suitability and equipment of the range having regard to the safety both of users thereof and of the public and their property. (2) An authorized officer may at any time withdraw approval given pursuant to subsection (1). 46. Maintenance of range . The governing body of an approved pistol club shall at all times maintain its range in the manner and to a standard acceptable to an authorized officer. 47. Modification of range. Save with the prior approval in writing of an authorized officer, the governing body of an approved pistol club shall not alter or modify or permit the alteration or modification of its range in any material manner. 48. Conditions relating to range. In relation to an approved range, an authorized officer may impose at any time such terms or conditions relating to the use, control, administration or management thereof or the, preservation of the public safety or the peace as he thinks fit and may revoke any terms and conditions so imposed. 49. Chief range officer . (1) Before any shooting occurs on an approved range on any day on which official club shooting is to take place on that range the governing body of the approved pistol club shall appoint a member of that club (with his consent) to be a chief range officer for that day. It shall be competent to such a governing body to appoint, in accordance with this subsection, a person to be chief range officer for any number of days. (2) A chief range officer- (a) shall be present on the approved range on which official club shooting is to take place at all times when such shooting is taking place; (b) before the commencement of official club shooting on any day for which he is chief range officer, shall cause his name to be displayed on a board kept for that purpose and attached to the exterior of the pistol club's premises on the range concerned in a prominent position; (c) may exercise the authorities and powers and shall perform the functions and duties of a chief range officer as prescribed from time to time. (3) A chief range officer shall be responsible, on the day or days for which he is. appointed as-such officer, for securing compliance with the provisions of this Act by all persons on the approved range used by the pistol club concerned during official club shooting on that day or those days.

688 Firearms and Offensive Weapons Act 1979, No. 68 The responsibility referred to in this subsection extends to furnishing a member of the police force, who is investigating any contravention or failure to comply with any provision of this Act or other matter touching this Act and such approved range, with full particulars concerning the subject-matter of the investigation including the identity of each person who, to the knowledge of the chief range officer, is concerned with that subject-matter. 50. Practice at ranges by financial organization personnel . Subject to this Act and to the prior approval of the governing body of an approved pistol club, any member or employee of a financial organization may practise shooting at the club's range with a concealable firearm the subject of a licence granted or issued to that financial organization. 51. Pistol club for sporting purposes only. (I) The general purpose of an approved pistol club shall be the sport of target shooting only. (2) The proposed courses of-firing for any approved pistol club shall be forwarded by the secretary of the club to an authorized officer who may approve or reject any proposed course of firing. (3) The chief range officer shall ensure that every course of firing that is conducted by an approved pistol club has first been approved by an authorized officer. 52. Attendance register. (1) There shall be kept at each approved pistol club a register of attendances in or to the effect of the prescribed form. (2) On each day on which a person who is the holder of a pistol club shooter's licence or a pistol club shooter's provisional licence attends at an approved pistol club for the purpose of official club shooting, he shall, before engaging in shooting, enter the prescribed particulars in the appropriate place in the register of attendances of that club. The chief range officer shall thereupon enter his own signature against the entry made by that person. (3) Any person who fails to make any entry in a register of attendances as required by this section or who alters, erases, defaces or in any manner interferes with any such entry or who makes any entry on any day other than the day when it purports to have been made, commits an offence against this Act. (4) A member of the police force who inspects a register of attendances may endorse therein or'thereon such mark as he considers appropriate to indicate any time, date, place, circumstance or finding of that inspection. 53. Member' s attendance card. (1) Whenever a member of an approved pistol club takes part in official club shooting, whether on the range of that pistol club or on the range of any other approved pistol club, he shall produce to the chief range officer an attendance card in the prescribed form. The chief range officer shall endorse thereon that such member took part in competition shooting or, as the case may be, practice shooting on that day and shall sign it. (2) The member shall retain possession of his attendance card and produce it- (a) whenever demanded by a member of the police force;

Firearms and Offensive Weapons Act 1979, No. 68 689 (b) to the officer in charge of police to whom he makes application for renewal of his pistol club shooter's licence or pistol club shooter's provisional licence. 54. Age limit of members . A person under the age of 14 years shall not be or be accepted as a member of an approved pistol club. PART IV-SHOOTING GALLERIES 55. Approval of shooting galleries. A person shall not conduct a shooting gallery unless and until he obtains the approval of an authorized officer to conduct that gallery. 56. Conditions of approval . Approval for a shooting gallery shall be subject to the following conditions:- (a) The several parts of the shooting gallery shall be designed, constructed and maintained to the satisfaction of an authorized officer; (b) No concealable firearm shall be used at or in a shooting gallery; (c) The calibre of any firearm to be used at or in a shooting gallery shall not exceed .22 calibre; (d) Where live ammunition is to be used- (i) the area between the place where the firearm is mounted and the target (in this section such area is called the alley) shall be surrounded by metal of tubular design, so constructed to prevent bullet penetration or ricochet; (ii) the firearm shall be so mounted thatits. barrel must remain within the confines of the alley at all times; (e) The person who has been granted approval shall- (i) be physically present at the gallery at all times when it is open to the public; (ii) personally supervise the use of every firearm by each person resorting to the gallery; (iii) exercise all reasonable care and precaution and give such directions as are necessary to any person to prevent danger during the use of any firearm at the gallery. 57. Conduct of persons resorting to shooting gallery. (1) A person resorting to or making use of an approved shooting gallery shall not- (a) point a firearm otherwise than in the direction of the target area in the shooting gallery; (b) take a firearm away from a shooting gallery; (c) interfere with- (i) any other person resorting to or using the shooting gallery; (ii) a firearm at a shooting gallery otherwise than as directed by the person conducting that gallery or his servant; or (iii) any part or equipment of a shooting gallery; (d) disobey a direction given to him pursuant to paragraph (e) (iii) of section 56. (2) No person under the age of 14 years shall use a firearm at a shooting gallery.

690 Firearms and Offensive Weapons Act 1979, No. 68 PART V-PROHIBITION ORDERS AND PROHIBITED PERSONS 58. Issue of prohibition order. A commissioned officer who is of the opinion that in the public interest a person should be prohibited from possessing any firearm, conversion unit or ammunition may issue under his hand a prohibition order in or to the effect of the prescribed form directed to that person. 59. Service of prohibition order. (1) Service of a prohibition order shall be effected by any member of the police force by serving a copy thereof personally upon the person to whom it is directed. (2) The member of the police force serving a prohibition order shall attend before any justice of the peace and depose on oath in writing endorsed on another copy of the order to the service thereof. Every such deposition shall, upon production to any court, be evidence of the matters stated therein and be sufficient proof of the service of that order on the person to whom it was directed. 60. Effect of prohibition order . (1) Notwithstanding any other provision of this Act- (a) upon service of a prohibition order- (i) the person to whom it is directed shall forthwith deliver to the member of the police force who served the order all firearms, conversion units and ammunition in his possession or at his command; (ii) the person to whom it is directed shall for so long as the order remains in force, not possess, acquire or hire any firearm, conversion unit or ammunition; and (b) for so long as a prohibition order remains in force a person shall not knowingly supply to or for the person to whom the order is directed any firearm, conversion unit or ammunition or dangerous article. (2) Unless subsequently revoked or modified a prohibition order upon service thereof shall remain in force notwithstanding that the issuing officer ceases to be a commissioned officer. (3) Subject to section 103, a prohibition order may be revoked or modified only by- (a) an authorized officer; (b) the commissioned officer who issued the order; or (c) any commissioned officer who is a successor in the office that the commissioned officer who issued the order held when issuing the order. 61. Prohibited persons . (1) For the purposes of this section the following persons are. prohibited persons: (a) any person who, has been convicted on or after the commencement of this Act either summarily or on indictment of any offence under section 130 of the Health Act1937-1978, for a period of five years from the date of such conviction;

Firearms. and Offensive Weapons Act 1979, No. 68 691 (b) any person who has been convicted on or after the commencement of this Act of an offence under any provision specified in the second schedule; (c) any person for the time being declared a prohibited person by the Governor in Council by Order in Council. (2) A prohibited person shall not have possession of, acquire or hire any firearm, conversion unit or dangerous article. (3) A person shall not knowingly supply a firearm, conversion unit, ammunition or dangerous article to or for the use of a prohibited person. PART VI-PREVENTED PERSONS 62. Prevented persons. In this Part, a prevented person is a person who- (a) is for the time being in a state of mental infirmity or mental disease, whether temporary or otherwise; or (b) save where otherwise exempted or licensed pursuant to this Act- (i) in respect to any concealable firearm or conversion unit, is under the age of 18 years; or (ii) in respect to any firearm or ammunition (other than any firearm or ammunition possessed or used at an approved shooting gallery -in accordance with the -terms and conditions of the approval therefor) is under the age of 17 years. 63. Offences in relation to prevented persons. (1) Subject to subsection (3), a prevented person shall not use, carry or otherwise acquire a firearm or conversion unit. (2) Subject to subsection (3), a person shall not knowingly supply any firearm, conversion unit or ammunition to or for the use of a prevented person. (3) A person who is under the age of 17 years may have possession of and use a firearm, other than any firearm in respect of which a person who has possession of it is required by this Act to bold a licence, for the purpose of receiving instruction in the safekeeping and proper use of that firearm if at the time of receiving such instruction he is in the presence of and under the supervision of his parent or other person who for the time being stands in loco parentis to him, being a parent or other person who is not a prohibited person or a prevented person. PART VII-OFFENCES 64..Offences generally. A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and if a specific penalty is not otherwise provided is liable- (a) for a first offence, to a penalty not exceeding $400 or to imprisonment for a term not exceeding six months; or (b) for a second or subsequent offence, to a penalty not exceeding $800 or to imprisonment for a term not exceeding 12 months, or to both such penalty and imprisonment. 65. Serious offences. (1) A person commits a serious offence against this Act if (a) he commits an offence defined in section 60 (1) (a) (ii), 60 (1) (b), 61 (2) or 61 (3);

692 Firearms and Offensive Weapons Act 1979, No. 68 (b) he- (i) commits an offence defined in section 68, 69 or 81, or (ii) has possession of or otherwise acquires or uses a concealable firearm, conversion unit, restricted firearm or dangerous article in respect of which he is not authorized or permitted under this Act to possess, acquire or use, and prior to the commission of that offence or of that possession, acquisition or use but on or after the commencement of this Act- (iii) has been convicted of any offence under section 130 of the Health Act1937-1978; or (iv) has been convicted of an offence specified in the second schedule; or (v) has been convicted elsewhere than in Queensland of any offence which if committed in Queensland would be an offence referred to in provision (iii) or provision (iv); (c) contrary to the provisions of this Act, he has actual physical possession of both- (i) a protective body vest; and (ii) a firearm, replica firearm or dangerous article; (d) contrary to the provisions of this Act, he has possession of a concealable firearm to which a silencer is fitted; or (e) he has possession of a firearm, conversion unit, dangerous article or replica firearm with intent, either by himself or by another or others towards- (i) committing any indictable offence; (ii) resisting, assaulting, obstructing or hindering any police officer in the execution of his duty; (iii) aiding or inciting another to resist, assault, obstruct or hinder any police officer in the execution of his duty; (iv) endangering life; (v) unlawfully causing injury or damage to any property; (vi) intimidating, harassing, threatening by any action or gesture, or causing fear to any person, whether a particular person or not; (vii) attempting any such acts. (2) In proceedings for an offence under this section proof that the defendant had a firearm, conversion unit, a dangerous article or replica firearm with him, and intended any of the acts as described in subsection (1) is evidence that he intended to have it with him with intent towards such act, and it is immaterial whether the defendant formed the intent before, during or after the time he came into possession of the firearm, conversion unit, dangerous article or replica firearm. (3) Where it is intended to charge a person with a serious offence against this Act, the facts and circumstances constituting the offence a serious offence shall be alleged in the complaint. (4) Where, upon the hearing of a complaint for a serious offence against this Act, the court is not satisfied that the defendant committed a serious offence but is satisfied that he has committed an offence (other than a serious offence) against this Act, the court shall convict the defendant of the offence established by the evidence.

Firearms and Off ensive Weapons Act 1979, No. 68 693 (5) A person who is convicted of a serious offence shall be liable- (a) for a first serious offence, to imprisonment for a period of 12 months; or (b) for a second or subsequent serious offence, to imprisonment for a period of three years. 66. Contravention of condition imposed . A person who contravenes or fails to comply with any term or condition imposed in respect of any licence, approval or exemption under this Act or in relation to any firearm, conversion unit or ammunition commits an offence against this Act. 67. Protective body vests prohibited . (1) Subject to this Act, a person shall not have possession of or acquire a protective body vest. (2) A person who supplies a protective body vest to any person who is not entitled to possess, or acquire that vest commits an offence against this Act. 68. Prohibition on use or possession of dangerous articles. (1) Subject to this Act, a person shall not have possession of, acquire or use any dangerous article. (2) A person who supplies a dangerous article to any person who is not entitled to possess, or acquire that article commits an offence against this Act. 69. Prohibition on possession of explosives . A person shall not, without reasonable excuse (the proof of which shall be upon him), have possession of, acquire or use a detonator, fuse, or explosive of a type used in or for blasting or mining operations. 70. Silencers prohibited . A person shall not have possession of or use a silencer. 71. Precautions to be taken by firearm owners. A person who is the owner or has possession of any firearm, ammunition, conversion unit or dangerous article, shall take all - reasonable precautions to ensure that at all times when such firearm, ammunition, conversion unit or dangerous article is not in his actual physical possession, that it is kept in a place of safety such that it is unlikely that an unauthorized person will gain possession of such firearm, ammunition, conversion unit or dangerous article. 72. Firearms, etc., on private property. (1) Without the prior express consent of the owner, occupier or person acting with the authority of the owner or' occupier of any private property, a person whilst on that property- (a) shall not discharge any firearm, cross-bow or spear gun; (b) shall not carry or transport a firearm, cross-bow or spear gun unless that firearm, cross-bow or, as the case may be, spear gun is unloaded, broken or cannot readily be discharged.

694 Firearms and Offensive Weapons Act 1979, No. 68 (2) A person shall not without the prior express consent of the of the owner, occupier or person acting with the authority of the owner or occupier of any private property likely to be affected thereby, discharge a firearm, cross-bow or spear gun onto, into, over, through, or across that private property from any other place. (3) An owner, occupier or person acting with the authority of an owner or occupier of any private property may take into his custody any person whom in relation to that property he finds contravening the provisions of subsections (1) or (2) and any firearm, ammunition, conversion unit, dangerous article, cross-bow or spear gun in possession of or used by that person, using such force as is reasonably necessary for that purpose and, as soon as reasonably practicable thereafter, he shall deliver that person and any firearm, ammunition, conversion unit, dangerous article, cross-bow or spear gun to a member of the police force for the purpose of that person to be dealt with according to law. (4) In this section, private property includes land of whatever tenure or land held under lease or licence from the Crown, whether fenced or unfenced, or buildings or structures thereon and includes anywatercourses, rivers, creeks, reservoirs, dams or banks or walls thereof, thereon or therein: 73. Discharge etc. of firearm or cross-bow in public place. A person shall not, without reasonable excuse (the proof of which shall be upon him), discharge or attempt to discharge a firearm or cross-bow in, into, towards, over or through any public place. 74. Persons under the influence of liquor or drugs. Subject to this Act, a person shall not knowingly supply a firearm, conversion unit or ammunition to a person who is for the time being under the influence of liquor or a drug. No person who is under the influence of liquor or a drug shall use or carry any firearm, conversion unit or ammunition. 75. Possession of firearm etc. restricted . A person shall not, without reasonable excuse (the proof of which shall be upon him), have a firearm, cross-bow or spear gun- (a) in any place in a manner likely to- (i) injure himself; (ii) injure any other person; (iii) unlawfully destroy or damage any animate or inanimate property; or (iv) cause alarm to any other person; (b) in any public place- (i) whilst such firearm, cross-bow or spear gun is loaded or contains live-ammunition; or (ii) unless that firearm- (A) is either broken or has the bolt removed or is otherwise rendered unfit to be discharged; (B) in the case of a firearm that cannot be dealt with as prescribed in subparagraph (A), is sheathed. For the purposes of this section a firearm shall be deemed to be unsheathed if it is not fully enclosed by some case or sheath which is not transparent.

Firearms and Offensive Weapons Act 1979, No. 68 695 76. Defacing number etc. of firearm . A person shall not- (a) deface or alter any number or identification mark upon any firearm or conversion unit; (b) without reasonable excuse (the proof of which shall be upon him), have in his possession or otherwise acquire a firearm or conversion unit whereon the number or identification marks have been defaced or altered; (c) without reasonable excuse (the proof of which shall be upon him), have in his possession or otherwise acquire a concealable firearm, conversion unit ., restricted firearm, machine gun or sub-machine gun the identification number or description of which does not correspond with the particulars shown on the licence issued in respect thereof. 77. Obtaining concealable firearm etc. by deceit, etc . Any person who obtains or attempts to obtain a concealable firearm, conversion unit or restricted firearm by any deceit or fraudulent means whatsoever commits an offence against this Act. 78. Sale, supply etc. of concealable firearm , etc. Subject to this Act, a person shall not sell or in any manner supply a concealable firearm, conversion unit, restricted firearm, machine gun or sub-machine gun to any other person (other than a dealer licensed in respect of such a firearm or, as the case may be, conversion unit) unless that other person first produces a licence authorizing him to possess that concealable firearm, conversion unit, restricted firearm, machine ,gun or, as the case may be, sub-machine gun. 79. Concealable firearm etc. not to be pawned . (1) A pawnbroker shall not take a concealable firearm, conversion unit, restricted firearm, machine gun or sub-machine gun in pawn from any person. (2) A person shall not place or endeavour to place in pawn a concealable firearm, conversion unit, restricted firearm, machine gun or sub-machine gun. 80. Delivery or despatch of a concealable firearm or conversion unit. (1) A person shall not despatch a concealable firearm or conversion unit to another person save- (a) by personal delivery; or (b) enclosed in a parcel by registered post if, where possible, the bolt (if any) has been removed from the firearm, such bolt being in that parcel or elsewhere; or (c) enclosed in a parcel and carried by an air service but only if- (i) where possible, the bolt (if any) has been removed from the firearm, such bolt being in that parcel or elsewhere; (ii) no ammunition is included in the parcel; and (iii) the contents of such parcel has first been declared to the consigning agent or.carrier thereof. (2) A concealable firearm shall not be despatched to any person unless it is unloaded. 81. Replica firearms in public place. A person shall not, without reasonable excuse (the proof of which shall be upon him), have in his possession in any public place a replica firearm being a replica of a concealable firearm, machine gun or sub-machine gun.

696 Firearms and Offensive Weapons Act 1979, No. 68 82. Failure to provide information . A person who when required by or under this Act to furnish any information fails to furnish that information or furnishes information that is in any respect false or misleading, commits an offence against this Act. 83. Fraud and unlawful possession of licences . (1) A person shall not- (a) by any false statement or misrepresentation obtain or attempt to obtain a licence; (b) without reasonable excuse (the proof of which shall be upon him), have in his possession- (i) any licence; (ii) any thing resembling a licence; or (iii) any document which was formerly a licence but which is void, cancelled, suspended or surrendered; (c) without reasonable excuse (the proof of which shall be upon him), lend, or permit or allow to be used by any other person, any licence issued in his name; (d) unless he is authorized by or under this Act so to do, make, cause to be made or attempt to make or cause to be made or permit or allow to be made any endorsement or any addition or alteration or erasure whatsoever on or from a licence or any approval granted or issued under this Act. (2) A licence in respect to which any act or attempted act referred to in subsection (I) has been done shall be thereby rendered null and void. 84. Attempts to commit offences. A person who attempts to contravene any provision of this Act commits an offence against this Act. PART VIII-POWERS OF POLICE 85. Name and address . (1) Any police officer who- (a) finds any person committing or reasonably suspects any person of having commmitted or being about to commit any offence against this Act; (b) is making investigations with a view to establishing whether or not an offence against this Act has been or is about to be committed by any person; or (c) finds any person in the company of any person so committing or so suspected, may demand from that person his name and address and if he has reasonable ground to suspect that the name or address given is false may require evidence of the correctness thereof. If that person fails upon demand to give his name and address or such evidence, the police officer shall caution him, and, if he still persists in such failure, or gives a name or address which in the opinion of the police officer is false, may arrest him without warrant, and take him as soon as practicable before a justice to be dealt with according to law. (2) A person required under this section to give his name and address who fails to give his name or address, or who gives a false name or address or gives false evidence with respect thereto, commits an offence against this Act.

Firearms and Off ensive Weapons Act 1979, No. 68 697 86. Power to demand production of licence etc. (1) Where under this Act any person or association or body of persons is required to be the holder of a licence, to have the approval of any person or to keep any register or record, any police officer may at any time require that person, or, in the case of an association or body of persons, any member of the governing body of the association or body of persons, to forthwith produce and deliver to that police officer for his inspection, the licence and any firearm or conversion unit referred to therein, evidence of approval, the register or record. (2) A person who, without reasonable excuse (the proof of which shall be upon him), fails to forthwith produce a licence, firearm, conversion unit, evidence of approval, register or record when requested by a police officer commits an offence against this Act. 87. Search for firearms etc. subject to seizure . A member of the police force may stop, detain and search- (a) any vehicle upon which he suspects on reasonable grounds that there is a firearm, conversion unit, ammunition or dangerous article liable to seizure under this Act; or (b) any person whom he suspects on reasonable grounds of having in his possession a firearm, conversion unit, ammunition or dangerous article liable to seizure under this Act. 88. Powers in dangerous situations . Any police officer who suspects on reasonable grounds that a person is in premises or any place and has possession of or is using or threatening to use a firearm, dangerous article or any other thing in circumstances such that death or injury to himself or any other person is or is likely to be caused, whether or not any such other person is actually present, he, together with all persons acting in aid of him and using such force as is reasonably necessary for that purpose may, without any warrant other than this section- (a) enter any premises or place; (b) detain any person found there for such time as is reasonably necessary for the police officer to establish whether an offence has been committed; (c) search the premises or place and every person found there; (d) seize and detain any firearm, dangerous article or ammunition or any thing capable of being used in such circumstances which may be found on the premises or place or on any 'such person. 89. Powers in respect of pistol clubs, shooting galleries and dealers' premises . Any member of the police force may- (a) at any time enter and remain upon the range or premises of any pistol club, shooting gallery or business premises of any dealer; (b) inspect, examine and test any firearm, conversion unit, dangerous article or any other thing found there; (c) inspect, examine and test any place, premises, equipment or materials of construction thereof; (d) inspect any record, licence, approval, notice or other writing and take such copies or extracts therefrom as he desires, and may make such other examination or inquiry as he considers necessary to establish whether the provisions of this Act or of any licence, approval or exemption granted under this Act are being complied with. 23-85085

698 Firearms and Offensive Weapons Act 1979, No. 68 90. Search. When any police officer lawfully in any premises or place finds any person in or on those premises or that place under circumstances where such police officer has reasonable grounds to suspect that that person is in possession of any firearm, dangerous article, conversion unit, ammunition or any other thing, in contravention of this Act, such police officer and all persons acting in aid of him, using such force as is reasonably necessary, may search and, for that purpose, detain the person and possessions of any person so found and search the premises or place in or on which such person is so found. 91. Search warrant . Upon complaint on oath before any justice by any member of the police force, that such member believes that any thing is, or is in possession of any person, in or upon any place or premises, contrary to any provision of this Act, such justice may grant a warrant to any member of the police force to enter and search such place or premises , and search any person found therein or thereon. A warrant may be executed at any time and shall be sufficient authority for any member of the police force and for all persons acting in aid of him-. (a) to enter the place or premises specified in the warrant; (b) to search such place or premises and any person found there; (c) to exercise therein the powers conferred upon a member of the police force by this Act; (d) use such force as may reasonably be necessary to perform any of the things referred to herein. For the purpose of gaining entry to any place or premises or to search such place, premises or any person a member of the police force may call to his aid such persons as he thinks necessary and those persons, while acting in aid of that member in the lawful exercise by him of his power of entry and search shall have a like power of entry and search. 92. Power of arrest . (1) Any police officer may, without any warrant other than this Act, arrest any person- (a) who in his opinion has committed, or has attempted to commit, any offence against any provision of section 26, 29, 30, 35, 37, 63, 65, 67, 68, 69, 70, 72, 73, 74, 75, 76, 77, 81, 82 or 83; or (b) if that officer has reasonable grounds to believe- (i) that that person has committed an offence against this Act; and (ii) that proceedings by way of complaint and summons against that person would be ineffective. 93. Seizure and detention of firearms , etc. Any member of the police force may at any time seize and detain any firearm, ammunition, dangerous article or any other thing, in relation to which he reasonably suspects this Act has been, is being or is about to be contravened or which he believes will afford evidence as to the commission of any such contravention.

Firearms and O ffensive Weapons Act 1979, No. 68 699 94. Finger prints etc. (1 ) Where a person has been arrested for an offence against this Act, the officer in charge of police at the police establishment to which he is taken after arrest or where he is in custody may take or cause to be taken all such particulars as he may consider necessary for the identification of such person including his voice print, photograph, finger prints, palm prints, foot prints, toe prints and handwriting. Such force as is reasonably necessary may be used in the taking of those particulars. (2) A court which convicts a person, who appears personally before it, of an offence against this Act may in its discretion order that person into the custody of a member of the police force for the purpose of obtaining any particulars referred to in subsection (1) and that member and any member acting in aid of hint shall take (using such force as is reasonably necessary for that purpose) that person to a place where those particulars can adequately be taken and take those particulars. (3) Where a person is found not guilty of any offence against this Act, any voice print, photograph, finger prints, palm prints, foot prints, toe prints or handwriting previously taken under the provisions of this Act in relation to the offence in respect to which he was found not guilty shall at the request of such person be destroyed in his presence save where they are required as evidence in respect of any other offence which that person is alleged to have committed against this Act. 95. Police may prosecute . In any proceedings under this Act any member of the police force although not the informant or complainant may appear and act in court on behalf of the prosecution. PART IX-MISCELLANEOUS PROVISIONS 96. Proceedings for offences . (1) An offence against this Act may be prosecuted in a summary way under the Justices Act1886-1979, upon the complaint of any member of the police force or any other person authorized in that behalf either generally or in a particular case by the Minister. (2) A prosecution for any offence against this Act may be commenced within one year from the time when the matter of complaint arose or within four months after the matter of complaint was brought to the knowledge of the complainant whichever is the later to occur. 97. Fees and penalties . All fees paid and all penalties recovered and costs incurred in relation to proceedings under this Act shall be and are hereby payable to the Consolidated Revenue Fund. 98. Liabilities for offences by bodies and associations . Where an offence against any provision of this Act is committed by a body or association of persons whether incorporated or unincorporated every person who is a n =bcs of the governing body of that body or association and, in the case of a body or an association that is incorporated, the managing director, director, manager or other governing officer by whatever name called shall be deemed to have committed the offence and may be prosecuted in respect of the offence unless he proves that the offence was committed without his knowledge and that he had used all due diligence to prevent the commission of an offence such as that committed.

700 Firearms and Offensive Weapons Act 1979, No. 68 99. Service of notice, orders etc. (1) Any notice, order or other document issued pursuant to this Act shall be properly served upon the person to whom it is directed if it is served in accordance with this section, that is to say- (a) by delivering a copy thereof to him personally; (b) if he cannot reasonably be found, by leaving a copy thereof with some person for him at his usual place of business or residence or at the place of business or residence last known to the person who serves the order, notice or document; or (c) by posting by means of registered post a copy thereof addressed to him at his place of business or residence last known to the person who issued the order at least 14 days before the date on which the order, notice or document is to take effect. (2) When an order, notice or document is served, the person who serves same may attend before a justice and depose on oath and in writing endorse on a copy of the order, notice or document to the manner of service thereof showing therein the date of personal delivery, leaving or posting as the case may be of such order, notice or document. (3) Every such deposition shall upon production in any court be evidence of the matters contained therein and shall be sufficient proof of the service of such order, notice or document on the person to whom it was directed. (4) Service of any notice, order or other document issued pursuant to this Act upon any unincorporated club or association of persons shall be deemed to be properly served if it is served in accordance with this section upon the person who is for the time being the secretary or president (by whatever name such office is called). of that club or association. 100. Surrender of unlicensed firearms . (1) A person who comes to the knowledge that he has possession of any firearm, conversion unit or dangerous article which possession, but for the provisions of subsection (2), would constitute an offence against this Act, shall deliver or cause to be delivered as soon as reasonably practicable after his first coming to that knowledge, that firearm, conversion unit or dangerous article to the officer in charge of the division of the Police District in which it is located. (2) A person who proves that he has complied with the provisions of subsection (1) and that he has not used or attempted to use that firearm, conversion unit or dangerous article prior to such delivery shall not be guilty of any offence relating to his possession of that firearm, conversion unit or dangerous article prior to such delivery. 101. Detention and disposal of articles in police custody . (1) Any firearm, conversion unit, ammunition, dangerous article or other thing held by or in the custody of any member of the police force pursuant to this Act or otherwise (whether or not such member came into possession thereof before or after the commencement of this Act)- (a) may be detained by any member of the police force until it is disposed of pursuant to paragraph (b) or (c);

Firearms and Off ensive Weapons Ac! 1979, No. 68 701 (b) may be delivered at any time after the appointed day- (i) if a commissioned officer is satisfied that some person is the owner, or would be entitled to possession if that person complies with the provisions of this Act in respect thereof- (A) to the owner or person entitled to such possession; or (B) if the owner or person entitled to such possession nominates some other person or a licensed dealer to have possession, to that other person or dealer; (ii) if a court order is made for the delivery thereof to any person pursuant to section 39 of the Justices Act1886-1979, to that person: Provided that no firearm, conversion unit, ammunition, dangerous article or any other thing shall be delivered to any person until that person shows to the satisfaction of the member of the police force who holds or has custody thereof that that person would not be contravening any provision of this Act if he took delivery thereof; (c) shall, if it has not been delivered to any person pursuant to paragraph (b) within one year of the appointed day or such longer period as the Minister may determine in a particular case , be forfeited to the Crown. The provisions of paragraph (b) do not apply to any firearm, conversion unit, ammunition, dangerous article or any other thing which has been forfeited or ordered to be forfeited to the Crown pursuant to this or any other Act or law. A court order for the delivery of any firearm, conversion unit or ammunition shall not be made pursuant to section 39 of the JusticesAct1886-1979 at any time before the appointed- day. (2) For the purposes of this section the appointed day shall be- (a) in the case of any firearm, conversion unit, ammunition, dangerous article or any other thing held or in custody in relation to any contravention or suspected contravention of any provision of this Act- (i) the time of the final determination of all proceedings in respect thereto; or (ii) the expiration of six months from the date when such firearm, conversion unit, ammunition, dangerous article or other thing comes into the possession or custody of a member of the police force, whichever is the later to occur; (b) in the case of any firearm held or in custody by virtue of a Proclamation pursuant to section 101, the day when the Governor in Council proclaims that such Proclamation shall cease to be effective; or (c) in any other case, the date when such firearm, conversion unit, ammunition, dangerous article or other thing comes into the possession or custody of any member of the police force. (3) Where a person is convicted of an offence against this Act any firearm, conversion unit, ammunition or dangerous article in respect of which the offence was committed shall, unless the court before which he is charged otherwise orders, by virtue of such conviction be forfeited to the Crown.

702 Firearms and Off ensive Weapons Act 1979, No. 68 (4) Where a person charged with an offence against any provision of this Act is not convicted of any offence on that charge, the court before which he is charged may order that any firearm, conversion unit, ammunition or dangerous article found in his possession at or about the time of his alleged commission of the offence or his being charged with the offence be forfeited to the Crown and any such thing in respect of which the order is made shall thereby be forfeited accordingly. (5) Any thing forfeited pursuant to this Act may be taken and disposed of as the Minister directs and for that purpose any member of the police force may, with such assistants and by such means as he considers necessary, enter upon any premises upon which he knows or suspects the thing so forfeited to be. 102. Proclamation to deliver up firearms . (1) The Governor in Council from time to time may, if in his opinion the interests of public safety so warrant, by a Proclamation demand that any person who has in his possession any firearm, conversion unit, dangerous article or ammunition shall forthwith give immediate and peaceful possession thereof to the Minister or to any other person authorized in the Proclamation in that regard. On the publication of the Proclamation any person who has in his possession such firearm, conversion unit, dangerous article or ammunition shall forthwith send or deliver it to the Minister or person authorized in the Proclamation. The Proclamation may be published- (a) in respect of the whole State or limited to such portion of the State; (b) in respect of all or any or any class of firearm, conversion unit, dangerous article or ammunition; or (c) in respect of any class or classes of persons, as may be defined in the Proclamation. (2) Section 28A of the Acts Interpretation Act1954-1977 (Tabling of Regulations) shall apply with respect to proclamations made for the purposes of subsection (1) and, for the purposes of such application, that section shall be read and construed as if references therein to regulations were references to proclamations made for the purposes of subsection (1). 103. Appeals. (1) Subject to this section, any person who feels aggrieved by- (a) the refusal of his application for a licence or any approval required under this Act; (b) the imposition or variation at any time of any terms and conditions imposed upon any licence or approval granted or issued to him under this Act; (c) the revocation of any licence or approval granted or issued under this Act; or (d) the issue of a prohibition order directed to him, may appeal thereagainst by lodging with the Minister his submission in writing in or to the effect of the prescribed form with the Minister within 28 days from the date of service of the notice of refusal, imposition, variation, revocation or the order.

Firearms and Off ensive Weapons Act 1979, No. 68 703 The appellant shall state fully in the submission the grounds of appeal and the facts upon which he relies. The Minister shall decide the appeal upon the matters contained in the submission and having regard to information supplied by or on behalf of any member of the police force. The appellant shall not be entitled to be heard on appeal. The Minister's decision upon the appeal shall be final and no appeal shall lie thereagainst: Provided always that nothing in this section shall prevent upon reasonable grounds the refusal of any subsequent application, the variation or imposition of any terms or conditions or the revocation of any licence or approval or the- issuing of any prohibition order subsequent to the Minister's decision. (2) Notwithstanding that an appeal has been lodged thereagainst, any refusal, imposition or variation or revocation or any prohibition order under this Act shall be effective as such until the Minister hands down his decision upon the appeal. (3) Notwithstanding the provisions of this section, a person who pursuant to this Act- (a) refuses an application for a licence or any approval required under this Act; (b) imposes or varies any term or condition imposed upon a licence or approval granted or issued under this Act; (c) revokes a licence or approval granted or issued under this Act; or (d) issues a prohibition order, shall not be required to state his reasons therefor and any person affected thereby shall not be entitled to a statement of such reasons. 104. Protection of Crown , Minister , police officers and others. Liability at law shall not attach to the Crown, the Minister, any authorized officer or any police officer or owner, occupier or person acting with the authority of any owner or occupier of private property on account of anything done for the purposes of this Act or done in good faith and purporting to be done for the purposes of this Act: Provided always that such act or omission of any police officer shall be in compliance with the provisions of the Police Act 1937-1978 and such police officer shall be liable for any contravention thereof. 105. Evidentiary provisions . (1) In a proceeding for the purposes of this Act- (a) it shall not be necessary to prove the appointment of the Minister, the Commissioner, an authorized officer, a commissioned officer or any other police officer or any officer or member to do any act or take any proceeding; (b) a signature purporting to be that of the Minister, the Commissioner or any other police officer shall be taken to be the signature it purports to be until the contrary is proved;

704 Firearms and Offensive Weapons Act 1979, No. 68 (c) an allegation or averment in a complaint that any land, place or premises is or are a public place, private property or an approved pistol club range or that any person was or was not at the time of the alleged offence a chief range officer of an approved pistol club specified therein shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that allegation or averment; (d) an averment in a complaint of the date on which the commission of an offence against this Act came to the knowledge of the complainant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment; (e) a document purporting to be certified by an authorized officer and purporting to be a copy of a licence, approval, order or other authority under this Act shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of that licence, approval, order or other authority and of any terms, conditions or other matters endorsed thereon; (f) a document purporting to be signed by an authorized officer stating that at a specified time or during a specified period- (i) there was or was not in force a licence, exemption, approval, order or other authority under this Act as described in the document granted or issued to a specified person or body or association of persons or in respect to a specified thing or for a specified purpose and that such licence, exemption, approval, order or other authority was or was not subject to the terms, conditions or restrictions set out in the document; or (ii) any thing was or was not designed, constructed or maintained in a manner to the satisfaction of an authorized officer, shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the document; (g) every entry in any book, register or card kept by or belonging to any person pursuant to this Act or found on his premises shall be taken, unless the contrary is shown, to have been made by or with the authority of that person; (h) proof that any firearm, ammunition, conversion unit or dangerous article or other thing was in the possession of any person other than a person authorized under this Act to be in such possession shall be evidence, and, in the absence of evidence to the contrary, conclusive evidence that- (i) the person who is proved to have been in possession thereof prior thereto; and (ii) the licensee thereof, supplied that firearm, ammunition, conversion unit, dangerous article or other thing to the firstmentioned person; (i) proof of any exemption from any provision of this Act shall be upon the person who relies thereon; (j) where the age of any person is material, the court may decide, upon its own view and judgment, whether any person charged or present before it has or has not attained any prescribed age: But nothing herein shall be construed to prevent the age of that person being proved.

Firearms and Offensive Weapons Act 1979, No. 68 705 (2) (a) Where in respect of a proceeding for an offence against this Act a copy of a document purporting to be signed by a member of the police force stating his qualifications and experience and that he has been appointed by the Commissioner as a scientific officer and stating that at a specified time any article, firearm or conversion unit- (i) did or did not bear any mark or number; (ii) had had altered, defaced or removed therefrom any mark or number; (iii) was or was not a dangerous article of a particular type; (iv) was or was not a protective body vest; (v) was or was not a particular type of firearm or conversion unit; or (vi) in the case of a firearm, had or had not been rendered inoperable, is served with the summons then the document, a copy of which has been so served, on its production in the proceeding shall be sufficient evidence of the facts stated therein unless an order is made pursuant to paragraph (b) requiring the calling of the member of the police force as a witness. (b) Where a document is or is proposed to be produced pursuant to paragraph (a), the court, if it is satisfied, whether on application made to it or without any such application, that in the circumstances of the case the member of the police force who issued the document should be called as a witness, may order that the member be called as a witness by the party producing the document, or proposing so to do, and may grant any necessary adjournment accordingly. 106. Tabling of Orders in Council. Section 28A of .the ActsInterpretation Act1954-1977 (Tabling of Regulations) shall apply with respect to Orders in Council made for the purposes of this Act and, for the purposes of such application, that section shall be read and construed as if references therein to regulations were references to Orders in Council made for the purposes of this Act. 107. Regulations . (1) The Governor in Council may make regulations, not inconsistent with this Act, for or with respect to- (a) the keeping of any books, cards or registers of matters or things as may be required for the purposes of this Act; (b) the prescribing of forms under this Act, and the respective purposes for which such forms shall be used; (c) the duties of licensed dealers, including the keeping of records, in addition to the duties imposed by or under this Act; (d) the duties of members of approved pistol clubs, chief range officers and other persons attending thereat, in addition to any duties imposed by or under this Act; (e) the granting and issuing of any exemption or approval for the purposes of this Act; (f) prescribing any terms and conditions to which any exemption, licence or approval granted or issued under this Act may or shall be subjected; (g) the marking of firearms and conversion units with identification marks; (h) the testing of firearms and conversion units;

706 Firearms and Offensive Weapons Act 1979, No. 68 (i) prescribing times within which anything required by the regulations to be done or achieved shall be done or achieved; (j) prescribing the fees payable under this Act and the bases upon which such fees shall be assessed and payable; (k) providing for the registration of any type of rifle (which the Governor in Council in his discretion considers a military rifle) specified in the regulation, regulating or prohibiting the use and possession or the seizure and forfeiture thereof, prescribing the form and manner of applications for registration and certificates of registration: Provided that fees shall not be imposed in respect of any such application or registration; (I) all matters that are required or permitted by this Act to be prescribed or that may be convenient for the administration of this Act- or that may be necessary or expedient to achieve the objects and purposes of this Act. (2) Regulations may be made under this Act at any time after the passing of this Act. (3) The power of the Governor in Council to make regulations includes power to adopt, wholly or in part, in relation to any matter provided for in the regulations any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institute or a like body indentified the in regulations. Year and Number of Act SCHEDULES . FIRST SCHEDULE Short Title [s. 4] Extent of Repeal 18 Geo. V No. 21 22 Geo. V No. 27 10 Geo. VI No. 4 I t Geo. VI No. 22 4 Eliz. li No. 4 8 Eliz. 11 No. 50 No. 9 of 1967 The Firearms License Act of 1927 The Vagrants, Gaming, and Other Offences Act of 1931 The Firearms License Act Amendment Act of 1945 The Firearms License Acts Amendment Act of 1946 The Firearms Acts Amend- ment Act of 1955 The Firearms Acts Amend- ment Act of 1959 The Firearms Acts Amend- ment Act of 1967 The whole Section 57 The whole The whole The whole The whole The whole

Firearms and Offensive Weapons Act 1979, No. 68, 707 Year and Number SECOND SCBMULE [ss. 61 and 65 (1) (b) (iv)] Title Provisiontso referred 1899 63 Vic. No. 9 The Criminal Code Sections 56B, 62, 63, 69, 75, 141, 142, 145, 219, 220, 302, 303, 306, 308, 309, 317, 319A, 320, 321, 323, 327, 336, 337, 338, 338A, 340, 354, 354A, 402, 411, 412, 413, 414, 417A, 425, 467A, 468, 470,- 470A