Firearms and Offensive Weapons Act Amendment Act 1984 (Qld)

410 (0- uameiluxt.h ANNO TRICESIMO TERTIO ELIZA E AE S ECUN D AE REGINAE No . 39 of 19 8 4 Act t o am end the Firear ms and Offe ns ive Weapons Act 1979 cert a i n p art ic ulars [ASSENTED TO 9TH MAY, 1984]

Firearms and Offensive Weapons Act Amendment Act 1984, No. 39 411 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:- 1. Short title and citation . This Act may be cited as the Firearms and Offensive Weapons Act Amendment Act 1984. (2) In this Act the Firearms and OffensiveWeapons Act1979 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Firearms and OffensiveWeapons Act1979-1984. 2. Amendment of s. 6. Application of Act. Section 6 of the Principal Act is amended in paragraph (a) by inserting after the words " body vest " the words " or handcuffs or other similar restraints of a type approved for use by members of the police force or any other law enforcement agency or security service in Queensland ". 3. Amendment of s. 7. Interpretation . Section 7 of the Principal Act is amended in subsection (1) by- (a) in the definition " dangerous article ", in provision (h) omitting the word " main " and substituting the words " content or portion of the "; (b) in the definition " firearm ", in provision (h), after the expression " 1971-1975 " inserting the following expression and words:- [[ (i) a power head or similar device designed or intended for use in, through or under water ". 4. Amendment of s. 22. Reporting loss, destruction or theft of licence etc . Section 22 of the Principal Act is amended by inserting after the word " lost " the words ", destroyed ". 5. Amendment of s. 26. Concealable firearms . Section 26 of the Principal Act is amended in subsection (2) by omitting the words "Act of law " and substituting the words "Act or law ". 6. Amendment of s. 27. Financial organization . Section 27 of the Principal Act is amended by renumbering subsection (3) commencing with the words " Where a concealable " and subsection (4) as subsection (4) and subsection (5) respectively. 7. Amendment of s. 33. Pistol club shooter ' s provisional licence. Section 33 of the Principal Act is amended in subsection (2) by omitting the words " the approved pistol club of which he is a member " and substituting the words " an approved pistol club ". 8. Amendment of s. 37. Dealers to be licensed . Section 37 of the Principal Act is amended by omitting the expression " " " appearing before the expression " 37 " appearing at the beginning thereof and omitting the expression " "; " appearing at the end of subsection (1).

412 Firearms and Offensive Weapons Act Amendment Act 1984, No. 39 9. Amendment of s. 39. Dealer to keep register . Section 39 of the Principal Act is amended by- (a) in subsection (2), inserting after the words " sub-machine gun the " the word " licensed "; (b) in subsection (3), inserting after the words " gun) the " the word " licensed ". 10. Amendment of s. 42. Security of firearms . Section 42 of the Principal Act is amended by omitting all words from and including the word " concealable " to the end thereof and substituting the words " firearms and conversion units in his possession.". 11. Repeal of and new s. 50 . Practice at ranges by financial organisation personnel . The Principal Act is amended by repealing section 50 and substituting the following section:- " 50. Practice at ranges by certain licensees and others . Subject to this Act and to the prior approval of the governing body of an approved pistol club a licensee and, in the case where a financial organization is the licensee, any member or employee of that organization may practice shooting at the club's range with a concealable firearm the subject of a licence granted or issued to the licensee or, as the case may be, that financial organization or using a conversion unit that is so licensed.". 12. Amendment of s. 55. Approval of shooting galleries . Section 55 of the Principal Act is amended by- (a) designating the existing section as subsection (1) and therein omitting the words " unless and until he obtains " and substituting the words " at any time unless he has "; (b) after subsection (1) as designated and amended, inserting the following subsection:- " (2) The approval of a shooting gallery given pursuant to subsection (1) may at any time be withdrawn by an authorized officer.". 13. Amendment of s. 56. Conditions of approval . Section 56 of the Principal Act is amended by inserting after paragraph (c) the following paragraph:- (ca) Ammunition used at or in a shooting gallery shall not be more powerful or larger than standard .22 calibre short rifle rimfire ammunition;". 14. Amendment of s. 60. Effect of prohibition order. Section 60 of the Principal Act is amended in subsection (1), in paragraph (a), in provision (ii), by inserting after the word " ammunition " the words " or dangerous article ". 15. Amendment of s. 65. Serious offences. Section 65 of the Principal Act is amended in subsection (1) by- (a) omitting paragraph (a); (b) in paragraph (b), in provision (i), inserting after the word " section " the following expressions " 60 (1) (a) (ii), 60 (1) (b), 61 (2), 61 (3),".

Firearms and Offensive Weapons Act Amendment Act 1984, No. 39 413 16. New s. 67A. The Principal Act is amended by inserting after section 67 the following section:- "67A. Handcuffs, etc., prohibited . Subject to this Act, a person shall not have possession of or acquire handcuffs, thumbcuffs or other similar restraints unless he has reasonable excuse for so having or, as the case may be, acquiring.". 17. Amendment of s. 72. Firearms , etc., on private property. Section 72 of the Principal Act is amended in subsection (2) by omitting the words " of the " where they first appear. 18. Amendment of s. 74. Persons under the influence of liquor or drugs . Section 74 of the Principal Act is amended by- (a) designating the first paragraph as subsection (1); (b) designating the last paragraph as subsection (2); (c) at the end thereof inserting the following subsections:- " (3) A complaint for an offence against any provision of subsection (1) or subsection (2) shall not be bad for uncertainty or duplicity by reason that it alleges that a person was under the influence of " liquor or a drug ". If upon the hearing of such a complaint the evidence led and admitted (including evidence, if any, for the defence) establishes- (a) that the person so alleged was under an influence which was that of liquor or a drug, or both liquor and a drug; and (b) all other elements of the offence, the person charged shall be convicted notwithstanding that the particular such influence is not established by the evidence.". 19. Amendment of s. 75. Possession of firearm etc. restricted. Section 75 of the Principal Act is amended in the first paragraph, in subparagraph (b), in provision (i), by omitting the word " live ". 20. Amendment of s. 81. Replica firearms in public place . Section 81 of the Principal Act is amended by omitting the words " being a replica of a concealable firearm, machine gun or sub-machine gun ". 21. Amendment of s. 85. Name and address . Section 85 of the Principal Act is amended by- (a) in subsection (1)- (i) in the first paragraph, omitting the words " his name and address and if he has reasonable ground to suspect that the name or address " and substituting the words " such particulars of his name and address as required by the officer and if he has reasonable ground to suspect that any particular "; (ii) in the second paragraph- (A) omitting the words " his name and address " and substituting the words "any particulars ";

414 Firearms and Offensive Weapons Act Amendment Act 1984, No. 39 (B) omitting the words " a name or address " and substituting the words " any particular "; (b) omitting subsection (2) and substituting the following subsection:- " A person required under this section to give any particulars who fails to give those particulars or who gives any false particular or gives false evidence with respect thereto, commits an offence against this Act.". 22. Amendment of s. 101. Detention and disposal of articles in police custody . Section 101 of the Principal Act is amended by- (a) in subsection (2), in provision (b), omitting the expression " 101 and substituting the expression " 102 "; (b) in subsection (3), after the word " ammunition " inserting the words ", silencer, cross-bow, spear gun ". 23. Repeal of and new s. 103. Appeals . The Principal Act is amended by repealing section 103 and substituting the following section:- " 103. Appeals . (1) Subject to this section, a 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, within 28 days after the date of service of the notice of refusal, imposition, variation, revocation or the order, appeal to the Magistrates Court exercising jurisdiction at or nearest the place where the applicant resides or carries or, as the case may be, proposes to carry on any operations affected by the refusal, imposition, variation, revocation or the order. An appeal shall be instituted by- (a) lodging with the Clerk of the Court having jurisdiction written notice of appeal; and (b) serving a copy of that notice on the authorized officer. A notice of appeal- (c) shall specify fully the grounds of appeal and the facts upon which he relies; and (d) if a form is prescribed, shall be in or to the effect of that form. Before his appeal is determined the appellant is entitled to be informed of the grounds upon which his application has been refused,

Firearms and Offensive Weapons Act Amendment Act 1984, No. 39 415 his licence has been endorsed or revoked, conditions imposed or varied in respect of his licence or the prohibition order was issued. An appeal shall be by way of re-hearing. (2) Jurisdiction is hereby conferred on Magistrates Courts to hear and determine appeals instituted in accordance with subsection (1). (3) (a) Rules of Court may be made, under the Magistrates CourtsAct1921-1982 with respect to the institution, conduct and disposal of appeals to the Magistrates Court pursuant to the provisions of this section. (b) Until those rules are made or in so far as those rules do not extend- (i) the procedure for obtaining subpoenas to witnesses requiring them to attend on such an appeal shall, subject however to all such modifications and adaptations thereof as are necessary to give operation and effect to this section, be that provided by the Rules of Court made under the Magistrates Courts Act1921-1982, as if that appeal were a proceeding under those lastmentioned Rules of Court; (ii) a Stipendiary Magistrate may, in any particular case, give such directions as he thinks fit, including directions in relation to obtaining subpoenas where the procedure under subparagraph (i) does not extend or is inappropriate, and such directions shall, according to their tenor, have the force and effect of Rules of Court made for the purposes of the appeal. (4) No appeal shall lie against the determination of an appeal by a Magistrates Court under this section, which decision shall be final: 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 the issuing of a prohibition order subsequent to the Magistrates Court's determination. (5) Notwithstanding that an appeal has been lodged, any refusal, imposition, variation, revocation or prohibition order under this Act shall be effective as such until the Magistrates Court makes its determination upon the appeal. A person who has duly appealed against- (a) the refusal to renew his dealer's licence; or (b) the revocation of his dealer's licence, shall be entitled to carry on business in all respects as if his licence had been renewed or had not been revoked pending the determination of the appeal.". 24. Amendment of s. 105 . Evidentiary provisions . Section 105 of the Principal Act is amended in subsection (2), in paragraph (a), by omitting the words " with the summons " and substituting the words " upon the person charged with the offence at least three clear days before the hearing of the complaint ".

416 Firearms and Offensive Weapons Act Amendment Act 1984, No. 39 25. Amendment of s. 107. Regulations . Section 107 of the Principal Act is amended in subsection (3) by omitting the words " the in " and substituting the words " in the ".