Firearms and Offensive Weapons Act Amendment Act 1986 (Qld)

381 (J ueenslanb ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 21 of 1986 An Act to amend the Firearms and OffensiveWeapons Act1979 -1984 in certain particulars [ASSENTED TO 8TH APRIL, 1986]

382 Firearms and Offensive Weapons Act Amendment Act 1986, No. 21 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. (1) This Act may be cited as the Firearms and Offensive Weapons Act Amendment Act 1986. (2) In this Act the Firearms and Offensive Weapons Act 1979-1984 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Firearms and Offensive Weapons Act 1979-1986. 2. Commencement. (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Amendment of s. 3. Arrangement of Act. Section 3 of the Principal Act is amended by inserting after the words "Division 10- Licensing of Dealers;" the words:- "Division 11-Licensing of Collectors;". 4. Amendment of s. 6. Application of Act. Section 6 of the Principal Act is amended by omitting provisions (d) and (e) and substituting the .following provisions:- "(d) who, not being a prohibited person or a prevented person, is over the age of 14 years and is a member of a rifle or gun club, in respect only of his possession of a firearm (other than a concealable firearm, restricted firearm, machine gun or sub-machine gun) or ammunition whilst that person- (i) is under the supervision of and in the presence of a club captain or range officer; and (ii) is actually engaged as a member of a 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) who, not being a prohibited person or a prevented person, is over the age of 12 years and is a member of an Australian Cadet Corps pursuant to the Defence Act 1903-1984 of the Commonwealth in respect only of his possession of a firearm (other than a concealable firearm or restricted firearm) or ammunition whilst that person- (i) is under the supervision of and in the presence of a drill instructor; and

Firearms and Offensive Weapons Act Amendment Act 1986, No. 21 383 (ii) is actually engaged as a member of such corps in or in connexion with target shooting, drill or ceremonial occasions;". 5. Amendment of s. 7. Interpretation . Section 7 of the Principal Act is amended in subsection (1) by- (a) adding at the end of the definition "antique concealable firearm" the words:- "and (c) any other concealable firearm of a type or class approved by an authorized officer as being an antique concealable firearm;"; (b) inserting after the definition "chief range officer" the definition:- "collector" means a person who gathers, brings together or accumulates things prescribed for the purposes of Division 11 of Part II;"; (c) in the definition "dangerous article"- (i) omitting from provision (a) the words "or replica"; (ii) inserting after provision (a) the provision:- "(aa) a replica machine gun, a replica sub-machine gun and a replica grenade;"; (d) in the definition "dealer", inserting after the word "repair" the words ". The term does not include a person licensed as a collector whilst he acts as a collector"; (e) in the definition "firearm", inserting in provision (i) after the word "water" the words:- .f. (j) a captive bolt weapon or humane killer of the captive- bolt type designed and used solely for the humane killing of live stock"; (f) in the definition "grenade", omitting the words "or ignition" and substituting the words ", incendiary or pyrotechnic"; (g) inserting after the definition "replica firearm" the definitions:- "replica grenade" includes any reasonable facsimile of a grenade; "replica machine gun" includes any reasonable facsimile of a machine gun; "replica sub-machine gun" includes any reasonable facsimile of a sub-machine gun;".

384 Firearms and Offensive Weapons Act Amendment Act 1986, No. 21 6. Amendment of s. 16 . Duration of licence . Section 16 of the Principal Act is amended by inserting after provision (a) and before the word "or" the following provision:- 66(aa) in the case of a collector's licence, for such period;". 7. Amendment of s. 29 . Antiques and souvenirs . Section 29 of the Principal Act is amended by- (a) in subsection (1), inserting after the words "that firearm" the words "or holds a collector's licence under Division 11 of this Part that relates to that firearm and has complied in all respects with the provisions of that Division"; (b) in subsection (2), inserting in paragraph (b) after the words "police force" the words "or person appointed by an authorized officer"; (c) inserting after subsection (2), the following subsection:- "(2A) Where a member of the police force or person appointed by an authorized officer has rendered a firearm, machine gun or sub-machine gun incapable of operation under subsection (2) that member of the police force or person appointed by an authorized officer shall complete a certificate to this effect in duplicate, in the prescribed form. The original of the certificate shall be forwarded to the authorized officer considering the application for a licence and the duplicate shall be forwarded to the applicant."; (d) in subsection (3), inserting after the words "police force" the words "or any person appointed by an authorized officer". 8. Amendment of s. 35. Restricted firearm licence . Section 35 of the Principal Act is amended by inserting after subsection (3) the following subsections:- "(3A) A licence in respect of a restricted firearm shall not be issued or renewed unless the officer considering the application is satisfied that the restricted firearm has been rendered incapable of operation by a member of the police force or person appointed by an authorized officer. (3B) Where a member of the police force or person appointed by an authorized officer has rendered a restricted firearm incapable of operation under subsection (3A) that member of the police force or person appointed by an authorized officer shall complete a certificate to this effect in duplicate, in the prescribed form. The original of the certificate shall be forwarded to the officer considering the application for a licence or the renewal of a licence and the duplicate shall be forwarded to the applicant. (3c) No action shall lie against any member of the police force or any person appointed by an authorized officer for anything done or omitted to be done or caused to be done to any restricted firearm in pursuance of this section.".

Firearms and Offensive Weapons Act Amendment Act 1986, No. 21 385 9. Amendment of s. 37. Dealers to be licensed . Section 37 of the Principal Act is amended by adding at the end thereof the following subsection:- "(3) Subject to section 39A, a licensed dealer and his agent or employee, whilst acting as such agent or employee is authorized to have in his possession or otherwise acquire a firearm or conversion unit if the dealer's licence authorizes him to act as a dealer in respect of firearms or conversion units of the nature or type of that had in possession.". 10. New s . 39A. The Principal Act is amended by inserting after section 39 the following section:- "39A. Dealer deemed to be in possession . A licensed dealer who has in his possession any concealable firearm, conversion unit, restricted firearm, machine gun or sub-machine gun the prescribed particulars of which have not been entered in his Register of Transactions in accordance with paragraph (a) of section 39 (2) shall be deemed to have in his possession , possess or have possession of an unlicensed concealable firearm, an unlicensed conversion unit, an unlicensed restricted firearm or a dangerous article in contravention of sections 26, 30, 35 and 68 respectively.". 11. New Division 11 to Part II . The Principal Act is amended by inserting after section 42 the following heading and sections:- "Division 11-Licensing of Collectors 42A. Collectors. (1) A person is authorized to have in his possession any thing prescribed by the regulations for the purposes of this Division if- (a) he is the holder of a collector's licence issued under this Division that is in force and that relates to things of the nature and type of that had in possession; and (b) the provisions of this Division are complied with in all respects. (2) Things prescribed by the regulations for the purposes of this Division are in this Division referred to as "Items". 42s. Application for licence . An applicant for a collector's licence shall- (a) be over the age of 18 years; (b) supply a full and accurate description of all the Items then in his possession which are to be in his collection; (c) fully describe the premises at which he proposes to keep his collection of Items; (d) satisfy an authorized officer- (i) that he intends to become a collector of Items; and

386 Firearms and Offensive Weapons Act Amendment Act 1986, No. 21 (ii) that the Items will be kept in a place of safety such that it is unlikely that an unauthorized person will gain possession of any of them; (e) in respect of an Item that is an antique concealable firearm, produce that firearm to the person to whom this application is made; (f) in respect of an Item that is a souvenir concealable firearm, a souvenir machine gun, a souvenir sub- machine gun or any other Item specified by an authorized officer, have those Items rendered incapable of operation by a member of the police force or person appointed by an authorized officer. 42c. Subsequent acquisitions . (1) Where a licensed collector purchases or otherwise acquires an Item that is an antique concealable firearm, he shall produce that firearm to the officer in charge of police for the division of the Police District in which the licensed collector resides. (2) Where a licensed collector purchases or otherwise acquires an Item that is a souvenir concealable firearm, a souvenir machine gun, a souvenir sub-machine gun or any other Item specified by an authorized officer, he shall have those Items rendered incapable of operation by a member of the police force or person appointed by an authorized officer. 42n. Item rendered i ncapable of operation . (1) Where a member of the police force or person appointed by an authorized officer has rendered any Item incapable of operation that member of the police force or person appointed by an authorized officer shall complete a certificate to this effect in duplicate, in the prescribed form. (2) Where an Item has been rendered incapable of operation in respect of an application for a collector's licence, the original of the certificate referred to in subsection (1) shall be forwarded to the authorized officer considering the application and the duplicate shall be forwarded to the applicant. (3) Where an Item has been rendered incapable of operation in respect of the purchase or acquisition by a licensed collector, the original of the certificate referred to in subsection (1) shall be forwarded to an authorized officer and the duplicate shall be forwarded to the licensed collector. (4) No action shall lie against any member of the police force or any person appointed by an authorized officer for anything done or omitted to be done or caused to be done to any Item in accordance with paragraph (f) of section 42B or section 42c (2). 42E. No- offence in certain circumstances . (1) An applicant for a collector's licence who supplies a description of Items under paragraph (b) of section 42B and has not previously used or attempted to use any of those Items shall not be guilty of any

Firearms and Offensive Weapons Act Amendment Act 1986, No. 21 387 offence against this Act relating to his possession of those Items prior to his application for a collector's licence. (2) A person who is in possession of any Items without authority under this Act and has not previously used or attempted to use those Items may sell or otherwise dispose of them to a licensed collector. (3) In the circumstances set out in subsection (2) the person who sells or otherwise disposes of any Items to a licensed collector shall not be guilty of any offence against this Act relating to his possession of those Items prior to the sale or disposal. 42F. Collector to keep register . (1) Every licensed collector shall keep at the premises specified in his licence a Collection Register 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 purchase, sale or transfer of any Item, the licensed collector concerned shall- (a) forthwith enter in the Collection Register the prescribed particulars; and (b) within fourteen days of the transaction notify an authorized officer the prescribed particulars in the prescribed form. (3) An entry in a Collection Register 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. (4) A person- (a) who ceases to be a licensed collector; (b) who completes or has no further use for a Collection Register; or (c) whom an authorized officer has so requested, shall deliver the Collection Register to an authorized officer or a member of the police force within 14 days from any of the events outlined in provisions (a), (b) and (c). 42G. Removal of register and Items . (1) Subject to subsections (2) and (3), a licensed collector shall not remove any Items or the Collection Register from the premises specified on his licence unless he has reasonable excuse (the proof of which shall be upon him) for so doing. (2) Where a collectors' fairor exhibition has been approved by an authorized officer under section 42m, a licensed collector may remove Items from the premises specified in his licence for

388 Firearms and Offensive Weapons Act Amendment Act 1986, No. 21 the purpose of display for the duration of the fair or exhibition. If at the conclusion of the fair or exhibition the Items have not been sold or disposed of to another person they shall be returned, together with any additional Items acquired by the collector, to the premises specified in his licence. (3) Where a licensed collector displays Items at a collectors' fair or exhibition approved by an authorized officer he shall have the Collection Register in his possession at that fair or exhibition and shall enter the particulars prescribed in accordance with paragraph (a) of section 42F (2), At the conclusion of the fair or exhibition the Collection Register shall be returned by the collector to the premises specified in his licence. 42H. Security precautions , A licensed collector shall take all reasonable precautions to ensure that when Items in his collection are not in his actual physical possession they are kept in a place of safety such that it is unlikely that an unauthorized person will gain possession of them. 421. Transfer of collection to other premises . (1) A licensed collector desiring to transfer his collection of Items from the premises specified in his licence to other premises shall lodge an application for approval in the prescribed form with the officer in charge of police for the division of the Police District in which the licensed collector is then residing together with the prescribed fee. (2) An application for approval under subsection (1) shall be considered by an authorized officer who after taking into account 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. (3) Where the application is approved details of the replacement premises and any conditions imposed shall be endorsed on the licence. 421. Collector deemed to be in possession . A licensed collector who has in his possession any Item which is a concealable firearm, restricted firearm, protective body vest or dangerous article the prescribed particulars of which have not been entered in his Collection Register in accordance with paragraph (a) of section 42F (2) shall be deemed to have in his possession or have possession of an unlicensed concealable firearm, an unlicensed restricted firearm, a protective body vest or a dangerous article in contravention of sections 26, 35, 67 and 68 respectively. 42K. Disposal of Items. A licensed collector shall not sell or otherwise dispose of any Item to any person unless that person is authorized to have that Item in his possession under the provisions of this Act. I

Firearms and Offensive Weapons Act Amendment Act 1986, No. 21 389 42L. Collector leaving Queensland . Where a licensed collector is about to leave Queensland to reside elsewhere he shall, prior to leaving, advise the authorized officer in writing- (a) the date he plans to leave; (b) where he intends to reside; and (c) his intentions regarding his collection of Items. 42M. Approval of collectors ' fair . (1) Any person or organization desiring to conduct a collectors' fair or exhibition shall within a period of not less than 28 days prior to the proposed date of the fair or exhibition, lodge an application in the prescribed form with an authorized officer for approval to conduct such fair or exhibition. (2) The authorized officer may make or cause to be made such enquiries in respect of the application for approval as he considers necessary and may approve the application either unconditionally or subject to such conditions as he may determine or may refuse the application. (3) Where the application is approved, the authorized officer shall issue a certificate of approval in the prescribed form and, where the application is approved subject to conditions, shall endorse those conditions on the certificate of approval. (4) Where an application is refused, the authorized officer shall notify the applicant in writing as soon as possible.". (5) The authorised officer may, in his absolute discretion, revoke any certificate of approval by serving upon the person or organization to whom the approval has been granted a notice of revocation in or to the effect of the prescribed form. 12. Amendment of s. 60. Effect of prohibition order . Section 60 of the Principal Act is amended in provision (1) (a) (i) by omitting the words "and ammunition" and substituting the words ", ammunition and dangerous articles". 13. Amendment of s. 61 . Prohibited persons. Section 61 of the Principal Act is amended by inserting after subsection (1) the following subsections:- "(1 A) A person convicted of an offence referred to in paragraph (a) or (b) of subsection (1) in relation to which a probation order or a community service order is made, shall be taken for the purposes of this section to have been convicted of an offence notwithstanding the provisions of section 33 or section 85A of the Offenders Probation and Parole Act 1980-1983. (1 B) A person who has been found guilty or has pleaded that he is guilty of an offence referred to in paragraph (a) or (b) of subsection (1) in relation to which an order is made under section 657A of The Criminal Code, shall be taken for the purposes of this section to have been convicted of an offence notwithstanding the provisions of that section of The Criminal Code.". 14

390 Firearms and Offensive Weapons Act Amendment Act 1986, No. 21 14. Amendment of s. 65. Serious offences. Section 65 of the Principal Act is amended by inserting after subsection ( 1) the following subsections:- "(1 A) A person convicted of an offence referred to in provision (iii), (iv ) or (v) of paragraph (b) of subsection ( 1) in relation to which a probation order or a community service order is made, shall be taken for the purposes of this section to have been convicted of an offence notwithstanding the provisions of section 33 or section 85A of the OffendersProbation and Parole Act1980®1983. (1 B) A person who has been found guilty or has pleaded that he is guilty of an offence referred to in provision ( iii), (iv) or (v) of paragraph ( b) of subsection (1) in relation to which an order is made under section 657A of The Criminal Code, shall be taken for the purposes of this section to have been convicted of an offence notwithstanding the provisions of that section of The Criminal Code.". 15. Amendment of s. 81. Replica firearms in public place . Section 81 of the Principal Act is amended by- (a) numbering the existing provision as subsection (1); (b) adding after the provision renumbered as subsection (1) the following subsection:- "(2) A person shall not use a replica firearm in any place in a manner likely to cause alarm to any other person.". 16. New s. 83A. The Principal Act is amended by inserting after section 83 the following section:- "83A. False certificate . (1) A person shall not obtain or attempt to obtain a certificate referred to in section 29, 35 or 42D of this Act which to his knowledge is false in any material particular. (2) A person authorized to complete a certificate referred to in section 29, 35 or 42D of this Act shall not complete a certificate which to his knowledge is false in any material particular.". 17. Amendment of s. 105. Evidentiary provisions. Section 105 of the Principal Act is amended in paragraph (a) of subsection (2) by- (a) omitting the words "or conversion unit-" and substituting the words ", conversion unit or Item-"; (b) in provision (i), omitting the word "mark" and substituting the words "identification mark"; (c) in provision (v), inserting after the word "a" the words "firearm or a";

Firearms and Offensive Weapons Act Amendment Act 1986, No. 21 391 (d) inserting after provision (v) the following provisions:- "(va) was or was not a silencer; (vb) was or was not a spear gun; (vc) was or was not a crossbow; (vd) was or was not handcuffs, thumbcuffs or other similar restraints;". 18. Amendment of s. 107. Regulations . Section 107 of the Principal Act is amended in subsection (1) by inserting after provision (c) the following provision:- "(ca) the duties of licensed collectors, including the keeping of records, in addition to the duties imposed by or under this Act;".