Firearms (General) Amendment (Miscellaneous) Regulation 2004 (NSW)

2004 No 356

New South Wales

Firearms (General) Amendment

(Miscellaneous) Regulation 2004

under the

Firearms Act 1996

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Firearms Act 1996.

JOHN WATKINS, M.P.,

Minister for Police

Explanatory note
Under the Firearms (General) Regulation 1997 (as amended by the Firearms (General) Amendment (Fees) Regulation 2004 which commences on 1 July 2004), applicants for a category A, B, C, D or H firearms licence will have the option of applying for a 2-year licence or a 5-year licence. The objects of this Regulation are as follows:

(a)	to enable an applicant for a firearms collector licence that is part of a composite firearms licence (ie a licence authorising possession of firearms to which more than one category of licence apply) to apply for a 2-year licence (see Schedule 1 [1]),
(b)	to increase the application fee for a firearms permit (other than those permits for which an application fee is specifically provided under clause 84 of the Firearms (General) Regulation 1997) from $40 (if a photograph is required) or $25 (if no photograph is required) to a flat fee of $75 (see Schedule 1 [8]),
(c)	to consolidate the application fee for a category A, B, C, D or H firearms licence into the one provision (see Schedule 1 [6] and [7]).

This Regulation also:

(a)	provides that section 16A of the Firearms Act 1996 (which requires a category H (sport/target shooting) licence to be issued on a probationary basis if the applicant for the licence has never held such a licence) does not apply to a person who has previously held a minor’s target pistol permit (see Schedule 1 [2]), and
Published in Gazette No 104 of 25 June 2004, page 4500	Page 1
2004 No 356
2004 No 356
Firearms (General) Amendment (Miscellaneous) Regulation 2004 Explanatory note
(b)	enables the RSL (including any club or association that is an affiliated member of the RSL) to be issued with a permit authorising the possession and display of certain firearms on specified premises or locations that are not necessarily RSL clubs (see Schedule 1 [3]–[5]).

This Regulation is made under the Firearms Act 1996, including sections 21 and 88 (the general regulation-making power), in particular section 88 (2) (q) and (r).

2004 No 356

Firearms (General) Amendment (Miscellaneous) Regulation 2004 Clause 1

Firearms (General) Amendment (Miscellaneous)

Regulation 2004

under the

Firearms Act 1996

1      Name of Regulation

This Regulation is the Firearms (General) Amendment

(Miscellaneous) Regulation 2004.

2 Commencement

This Regulation commences on 1 July 2004.

3 Amendment of Firearms (General) Regulation 1997

The Firearms (General) Regulation 1997 is amended as set out in
Schedule 1.

2004 No 356

Firearms (General) Amendment (Miscellaneous) Regulation 2004

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 3)

[1] Clause 6A Term of licence (as inserted by the Firearms (General) Amendment (Fees) Regulation 2004)

Insert “or for a firearms collector licence that is part of a composite licence as referred to in clause 84 (3)” after “pistol licence)” in clause 6A (1).

[2]      Clause 42A

Insert after clause 42:

42A Exemption relating to probationary pistol licences

Section 16A of the Act does not apply in relation to a person
who:

(a)	has applied for a category H (sport/target shooting) licence, and
(b)	is the holder of a minor’s target pistol permit (as referred to in section 32 (4) of the Act) at the time of applying for the licence, and
(c)	has held the permit for a period of at least 12 months.

[3]      Clause 58 RSL display permit

Omit clause 58 (1). Insert instead:

(1)

The Commissioner may, on application by the secretary or
other relevant office holder of:

(a)	the RSL, or
(b)	any club or association that is an affiliated member of the RSL,

issue a permit authorising the RSL, club or association to possess and display, on the premises or other location specified in the permit, a firearm or firearms of a kind that has or have been used as a weapon of war.

[4]      Clause 58 (2)

Omit “club”.

2004 No 356

Firearms (General) Amendment (Miscellaneous) Regulation 2004

Amendments Schedule 1

[5]      Clause 58 (3) and (4)

Omit clause 58 (3). Insert instead:

(3)	In this clause:
RSL means the Returned and Services League of Australia (New South Wales Branch).
(4)	Any permit issued under this clause and in force immediately before 1 July 2004 is taken to have been issued under this clause as amended by the Firearms (General) Amendment (Miscellaneous) Regulation 2004.

[6] Clause 84 Fees (as amended by the Firearms (General) Amendment (Fees) Regulation 2004)

Omit “or D” from clause 84 (1) (a). Insert instead “, D or H”.

[7] Clause 84 (1) (c) (as inserted by the Firearms (General) Amendment (Fees) Regulation 2004)

Omit the paragraph.

[8]      Clause 84 (1) (m)

Omit the paragraph. Insert instead:

(m) application fee for any other type of permit—$75,

BY AUTHORITY