Firearms Legislation Amendment Act 2020 (ACT)

Case

Firearms Legislation Amendment Act 2020

A2020-19

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Firearms Act 1996

4            Schedule 2, part 2.1, section 2.1  3

5            Exemptions from ActSchedule 2, part 2.2, new item 6  3

6            Schedule 2, part 2.3, new items 3A to 3G  4

7           Dictionary, new definitions  5

Part 3Firearms Regulation 2008

8            Sporting organisations—Act, s 23, sch 2, pt 2.3, items 2 and 3New section 67 (fa) to (fc)  6

9            New section 67A  6

Part 4Prohibited Weapons Act 1996

10          Application of ActSection 4 (2) and note  7

Firearms Legislation Amendment Act 2020

A2020-19

An Act to amend legislation about firearms, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Firearms Legislation Amendment Act 2020.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Firearms Act 1996

    ·     Firearms Regulation 2008

    ·     Prohibited Weapons Act 1996.

Part 2Firearms Act 1996

  1. Schedule 2, part 2.1, section 2.1

    substitute

2.1Definitions—sch 2

In this schedule:

coach, in the sport of biathlon or modern pentathlon, means a person who, within the previous 5 years, has provided training or instruction in the sport to someone else.

corrections officer includes a person employed by an entity responsible under a law of a State or another Territory for providing correctional services for offenders.

NoteCorrections officer—see the Legislation Act, dict, pt 1.

participating, in the sport of biathlon or modern pentathlon, means receiving instruction, practising, training or competing in the sport.

  1. Exemptions from Act
    Schedule 2, part 2.2, new item 6

    insert

6 aviation security inspector possessing or using firearm in exercise of inspector’s functions under the Aviation Transport Security Act 2004 (Cwlth)

  1. Schedule 2, part 2.3, new items 3A to 3G

    insert

3A sporting (biathlon or modern pentathlon) organisation prescribed by regulation

possessing or using an imitation firearm if—

    (a)     firearm is a biathlon or modern pentathlon laser target shooting device; and

    (b)     possession or use is for a person participating in the sport of biathlon or modern pentathlon
3B member of a sporting (biathlon or modern pentathlon) organisation prescribed by regulation

possessing or using an imitation firearm if—

    (a)     firearm is a biathlon or modern pentathlon laser target shooting device; and

    (b)     possession or use is in exercise of functions as member
3C person attending a demonstration of the sport of biathlon or modern pentathlon conducted by a sporting (biathlon or modern pentathlon) organisation prescribed by regulation

possessing or using an imitation firearm if—

    (a)     firearm is a biathlon or modern pentathlon laser target shooting device; and

    (b)     possession or use happens under supervision of member of the organisation
3D official in a sporting competition conducted by a sporting (biathlon or modern pentathlon) organisation prescribed by regulation

possessing or using an imitation firearm if—

    (a)     firearm is a biathlon or modern pentathlon laser target shooting device; and

    (b)     possession or use is in exercise of functions as official
3E adult participating in a competition in the sport of biathlon or modern pentathlon, conducted by a sporting (biathlon or modern pentathlon) organisation prescribed by regulation

possessing or using an imitation firearm if—

    (a)     firearm is a biathlon or modern pentathlon laser target shooting device; and

    (b)     possession or use is for the purpose of participating in the sport of biathlon or modern pentathlon
3F child participating in a competition in the sport of biathlon or modern pentathlon, conducted by a sporting (biathlon or modern pentathlon) organisation prescribed by regulation

possessing or using an imitation firearm if—

    (a)     firearm is a biathlon or modern pentathlon laser target shooting device; and

    (b)     possession or use—

                (i)     is for the purpose of participating in the sport of biathlon or modern pentathlon; and

               (ii)     happens under supervision of the person’s coach for the sport
3G

coach in the sport of biathlon or modern pentathlon

possessing or using an imitation firearm if—

    (a)     firearm is a biathlon or modern pentathlon laser target shooting device; and

    (b)     possession or use is for the purpose of giving training or instruction to a person participating in the sport of biathlon or modern pentathlon

  1. Dictionary, new definitions

    insert

    coach, in the sport of biathlon or modern pentathlon, for schedule 2 (Exemptions from Act)—see section 2.1.

    participating, in the sport of biathlon or modern pentathlon, for schedule 2 (Exemptions from Act)—see section 2.1.

Part 3Firearms Regulation 2008

  1. Sporting organisations—Act, s 23, sch 2, pt 2.3, items 2 and 3
    New section 67 (fa) to (fc)

    insert

    (fa)Australian Biathlon Association;

    (fb)Modern Pentathlon Australia;

    (fc)Modern Pentathlon Association of NSW Inc;

  2. New section 67A

    insert

67ASporting (biathlon or modern pentathlon) organisations—Act, s 23, sch 2, pt 2.3, items 3A to 3G

The following sporting (biathlon or modern pentathlon) organisations are prescribed:

(a)Australian Biathlon Association;

(b)Modern Pentathlon Australia;

(c)Modern Pentathlon Association of NSW Inc.

Part 4Prohibited Weapons Act 1996

  1. Application of Act
    Section 4 (2) and note

    substitute

    (2)Also, a person does not commit an offence against this Act only because of something done by the person in the exercise of the person’s functions as—

    (a)a corrections officer; or

    (b)an aviation security inspector under the Aviation Transport Security Act 2004 (Cwlth).

    NoteExercise, function and corrections officer are defined in the Legislation Act, dict, pt 1.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 13 February 2020.

  2. Notification

    Notified under the Legislation Act on 27 May 2020.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Firearms Legislation Amendment Bill 2020, which was passed by the Legislative Assembly on 21 May 2020.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2020

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