Firearms License Act Amendment Act of 1945 (10 Geo Vi No. 4) (Qld)

FIREARMS. 10 OEO. VI. No. 4, 1945. Firearm8 License Act. FARMERS' ASSISTANCE (DEBTS ADJUSTMENT). See BANKING. FILMS. See PIC'l'URE THEATRES AND FILMS. FINANCIAL ARRANGEMENTS AND DEVELOPMENT AID. See BANKING. 53 FIREARMS. 8ee REPruNT OF CONSOLIDATED ACTS, 1927-1945, THIS VOL. P. 482. An Act to Amend "The Firearms License Act of 10 GEO. VI. No. 4. 1927" in certain particulars, and for other THE FIREARMS purposes. LICENSE ACT AMENDMENT ACT OF 1945. [ASSENTED TO 13TH DECEMBER, 1945.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows;- 1. (1.) This Act may be cited as "The Firearms Short title License Act Amendment Act of 1945," and shall be read and t t' as one with *" The Firearms License Act of 1927" (as cons rue Ion. amended by section fifty-seven of t" The Vagrants, Gaming, and Other Offences Acts, 1931 to 1938 "), herein collectively referred to as the Principal Act. (2.) The Principal Act and this Act may collectively ~ ollective be cited as " The Firearms License Acts, 1927 to 1945." htle. (3.) t This Act shall come into operation on a date Operation of to be proclaimed by the Governor in Council by Act. Proclamation published in the Gazette; Provided that any regulations in regard thereto may be made on the passing of this Act. * 18 G. 5 No. 21, v. 3, p. 527. t 22 G. 5 No. 27 and amending Acts, v. 9, p. 705. t Act proclaimed in force on and from 19th January, 1946, by Proclama- tion of 17th January, 1946 (Gazette, 19th .January, 1946, p. 132).

54 FIREARMS. Firearms License Act. 10 GEO. VI. No. 4, Heading. 2. A new heading is inserted before section one of the Principal Act, namely :- " PART I.-PRELIMINARY." New s. lA. 3. A new section, lA, is inserted after section one of the Principal Act, as follows :- Parts of Act. "[lA.] This Act is divided into Parts, as follows :- PART I.-PRELIMINARY; PART H.-LICENSES AND CONCEALABLE FIREARMS; PART III.-DEALERS; PART IV.-GENERAL." Amendment 4. Section two of the Principal Act is amended as of s. 2. follows:- [Definitions.] (a) The following new definitions are inserted before the definition of "Certificate of registration," as follows:- Air gun. " " Air gun "-A rifle or gun of any kind, whether rifled or not, irrespective of the length of barrel, which is known or described as an air gun, .and which is capable of propelling a projectile of any kind by means of compressed air the force of which is released by means of a trigger or similar device, or any part thereof; Arrest. " Arrest "-Used with reference to persons- Arrest without any warrant other than this Act and take such person to a police station, 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; and the term " Arrested " shall have a correlative meaning; Authorised officer. " Authorised officer " - (i.) Any member of the P9lice force who is not below the rank of sergeant, or who, if below that rank, is the officer in charge of any police station, or who is performing the duties of an authorised officer at the direction of any such member; and (ii.) Any person who is authorised in writing by the Minister to be an authorised officer for the purposes of this Act;

FIREARMS. 55 1945. F't:rearms License Act. - - - - - - - - - - - _ ... _--_. ,(,b) T~ e following wor:ds ar~ a~ , ded to ~he d~ finitio~ ~ 1ertificate of CertIficate of regIstratIOn or CertIficate, registration namely;-" and in force at the material time." or certificate.] (c) A new definition, "Concealable firearm," is inserted after the definition of "Certificate of registra- tion" or "Certificate," as follows;- " Concealable firearm "-Any firearm or any part Concealable thereof of any length of barrel designed for firearm. aiming and firing from one hand, and which is reasonably capable of being carried concealed about the person; " (d) The following words are added to the definition [Dealer.] of "Dealer," namely ;-" and who is the holder of a certificate of registration issued to him under this Act." (e) The definition of ~ ' Firearm" is repealed and the following definition is inserted in lieu thereof, namely;- " " Firearm "-Includes any portable gun, rifle, Firearm. pea-rifle, air gun, revolver, pistol, machine gun, sub-machine gun, or other weapon or article from which any shot, bullet, or other missile can be discharged or from which any corrosive, noxious, or irritant liquid, powder, gas, chemical, or substance capable of causing any bodily harm can be emitted or any part thereof; " (f) The following new definition of" Hand grenade" is inserted after the definition of " Firearm " previously inserted, namely;- " "Hand grenade" shall include any article or Hand thing whatsoever commonly known as a grenade. grenade or bomb and by whatever name called and whether a Mills bomb, mortar bomb, or otherwise, or any other article or thing whatsoever which is made or used or intended to be used or ~ hich is capable of being used as a grenade or bomb, and whether designed for being so used or for throwing by hand or for projection by any other means whatsoever being or containing any "explosive" as. defined by *" The Explosives Act of 1906 "or any Act amending * 6 E. 7 No. 21, v. 3, p. 466.

56 FIREARMS. Firearms License Act. 10 GEO. VI. No. 4, the same or in substitution therefor, or any "explosive substance" as defined by the *Criminal Code or being or containing any corrosive noxious irritant or chemical substance capable of causing any bodily harm as defined by the * Criminal Oode or any damage or injury to property;" (g) The definition of " License" is repealed and the fOllowing definition is inserted in lieu thereof, namely : - License. " " License "-A license issued under this Act and in force at the material time: the term also includes a permit; " (h) A new definition" Machine gun or sub-machine gun" is inserted after the definition of "License," as follows :- Machine gun or sub. machine gun. " "Machine gun or sub-machine gun" - Any firearm which is fully automatic in its operation and actuated by the energy developed when it is being fired, or any part thereof; " Minister. (i) The definition of "Minister" is repealed and the following definition is inserted in lieu thereof. namely:- " "Minister "-The Secretary for Health and Home Affairs or other Minister of the Crown for the time being administering this Act; " Person. Officer in charge of police at a police station. (j) The definition of " Person " is repealed and the following definition is inserted in lieu thereof, namely : - " " Person "-Includes any company, corporation, partnership, or firm registered under the laws relating to the registration of firms, or body of persons corporate or unincorporate;" (k) A new definition" Officer in charge of police at a police station" is inserted after the definition of " Minister," as follows :- " "Officer in charge of police at a police station "- Any member of the police force who is for the time being in charge of a police station, and" officer in charge of police at the po1ice station" shall have a correlative meaning; " * 63 V. No. 9, Sch. I., v. 2, p. 665.

FIREARMS. 57 1945. Firearms Lice'Me Act. (l) The definition of "Public place" is repealed . and the following definition is inserted in lieu thereof, namely:- " "Public place" includes every road, and also Publio every place of public resort open to or used place. by the public as of right: the term also includes- (i.) Any vessel, vehicle, aircraft, shop, room, office, house, outhouse, yard, licensed premises, 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 pay- ment 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 (ii.) Any place declared by the Governor in Council, by Order in Council, to be a public place for the purposes of this Act; " (m) A new definition "Silencer" is inserted after the definition" Sale," as follows:- " "Silencer "-Any device or contrivance made or Silencer. used, or capable of being used or intended to be used, for the purpose of reducing the sound caused by discharging a firearm; ". 5. A new section, 2A, is inserted after section two New B. 2A. of the Principal Act, as follows : - "[2A.] This Act shall not apply to- Exemption. (a) Any person who is a member of the defence forces of the Commonwealth or of the armed forces of any Government which is allied or associated with His Majesty in any war in which His Majesty is engaged, or of the police force or prison service of the Common- wealth or of this State or any other State or territory of the Commonwealth, or who is a peace officer under the * PeaceOfficersAct1925 of the Parlia:r;nent of the Commonwealth ... No. 12 of 1925 of the Commonwea.lth.

58 FIREARMS. Firearms License Act. 10 GEO. VI. No. 4, in respect of his possession of any firearm or hand grenade prescribed for the use of such force, service, or person, and used or carried in the performance of his duty; (b) Any person whilst engaged in the manufacture, assembly, or handling of any firearms or hand grenades for or on behalf of the Government of the Commonwealth or any State or territory of the Commonwealth; (c) Any person engaged in scientific or experimental work with any firearm or hand grE:'nade in pursuance of an authority in that behalf granted by the Minister and in compliance with the terms and conditions imposed by any such authority ; (d) Any member of a rifle club in respect of his possession of any firearm owned by and prescribed for the use of such club and used or carried when engaged in or proceeding to or from target practice." Insertion of 6. After section 2A of the Principal Act (previously heading. inserted) a new heading is inserted, namely : - "PART H.-LICENSES AND CONCEALABLE FIREARMS." Amendment 7. Section three of the Principal Act is amended as ofs.3. follows :- pu[ Lusiirnccgehn, asseinfgo, r the w (a o ) rdS" ubpsuerccthioanse o"nteheiswoarmdesn"doedr obthyeriwnisseertaicnqguiarfet" er; acpcaoqrsrsuyeiirsnisnging, g, oar aislsoinbseefrotered;thealwsoordaf" tefrirtehaermw"orthde" wisosrud e"dc" onthceealwaobrled" s cfiorneacremal.a]ble " titmoe h" itmhe" waorredsin" sienrrteesdp; ecatlosof suacfhtecrontcheealawbloerfdisrea"rmthe" are added. The side note is also repealed and the following side note is inserted in lieu thereof, namely :- " License for purchasing, using, acquiring, carrying, or possessing a concealable firearm." (b) Subsection two is amended by deleting the word " such" al1d inserting the word " concealable" in lieu thereof. (c) Subsection three is amended by inserting before the word "firearm" where it twice occurs the word " concealable"; also by inserting after the word " license " the words " issued to him."

FIREARMS. 59 1945. Firearms License Act. (d) Subsection four is amended by inserting before the word "firearm" where it twice occurs the word " concealable." ( e) Subsection five is repealed and the following subsections five and six are inserted in lieu thereof, namely:- "(5.) This section shall not apply to- Exemptions. (a) A dealer in respect of any concealable firearm purchased or otherwise acquired, used, carried, or had in his possession in pursuance of bis trade or business as a dealer ; (b) A common carrier or a servant or employee of a dealer who has in his possession or carries any concealable firearm in the ordinary course of his employer's business; (c) Any person who uses a concealable firearm in respect of which a license has been issued to the owner for the purpose of shooting at a shooting gallery which is under the personal supervision of a responsible person in charge thereof; (d) Such other cases as the Governor in Council may from time to time, by order in Council published in the Gazette, determine. (6.) Upon the hearing of a complaint, information, or charge against any person for any breach of the provisions of this section it shall not be necessary for the prosecutor to specify in the complaint, information, or charge, or to prove that such person is a person to whom this section applies, but it shall be a defence for such person to prove that he is a person to whom this section does not apply." 8 Section four of the Principal Act is amended as Application follows ._ for .and issue • of license. (a) In subsection one, before the word" firearm" twice occurring, the word " concealable" is inserted. (b) Subsections two and three are repealed and the following subsections 2, 2A, 2B, and 3 are inserted in lieu thereof, namely :- " (2.) Applications for licenses under this Act shall App~ cation be made on the prescribed form to the officer in charge ~ ~ re: e~ e of police at the police station in the police division in to police.

60 FIREARMS. FireGlrms License Act. 10 GEO. VI. No. 4, which the applicant usually resides, to whom he shall hand the concealable firearm, if in possession of the same. Such officer in charge of police shall thereupon make careful inquiry and report to the inspector or sub-inspector of police in charge of the police district in which the applicant resides, showing whether in his opinion the applicant is a person who has good reason for requiring the license applied for and may be permitted to have in his possession or under his control, and to use and carry, a concealable firearm without any danger to the public or to the peace. Further inquiries. (2A.) If in the opinion of the inspector or sub- inspector of police to whom a report is furnished as aforesaid it is necessary or desirable that further inquiries be made concerning any application for a license for a concealable firearm he may cause such further inquiries to be made as the circumstances indicate are necessary or desirable. Application (2B.) When police inquiries concerning an application ~orwarded to for a license have been completed the application form mspector. . together with police reports concerning same shall be forwarded to the inspector of police at the Criminal Investigation Branch, Brisbane. Powers of (3.) On receipt of such application form and police inspector to reports the inspector of police at the Criminal Investiga- re} : ~ or tion Branch, Brisbane, may, in his absolute discretion, license. issue or refuse to issue a license 'to the applicant." (c) Subsection four is repealed and the following subsection four is inserted in lieu thereof, namely ;- Persons " (4. ) No license shall be issued to a person under l ey J. le !1 ga dh retsereonf age, tmhI • ena d georof 0 e f igI . hnteteemn pyeeraarste, o h rat b o · Itas, peorrsown h w 0 h · IoSisa o k f n uonwsonunodr &c. reputed criminal or known or reputed prostitute." (d) Subsection five is amended as follows ; - (i.) The word" concealable" is inserted before the word " firearm " where it twice occurs. (ii.) The words "or business" where they four times occur are repealed and the words "corporation, company, or firm " are inserted in lieu thereof. (iii.) The words " financial institution" are repealed; also the word "institution" where the word otherwise thrice occurs is

FIREARMS. 61 1945. Firearms License Act. repealed. The side note is repealed and the following side note is inserted in lieu thereof, namely :-" Banks, corporations, companies, or firms." (e) Subsection seven is repealed and the following subsections 7 and 7 A are inserted in lieu thereof, namely:- "(7.) When the inspector of police at the Criminal Advice of Investigation Branch, Brisbane, refuses an application refusal. for a license he shall cause the applicant to be advised accordingly in the manner prescribed. car (7 A.) Any applicant aggrieved by a refusal of the Appeal in inspector of police at the Criminal Investigation Branch, of Brisbane, to issue a license may appeal from such refusal re usa . to the Minister, whose decision shall be final and binding and without appeal." (j) Subsection eight is repealed and the following subsection eight is inserted in lieu thereof, namely:- "(8.) (i.) A license shall, unless previously revoked, I?uration of continue in force until the thirty-first day of December lIcense. next following the date of issue thereof, but subject as hereinafter provided may be renewed for a further period expiring on the thirty-first day of December next following the date upon which the renewal of such license becomes operative, and so from time to time. (ii.) Any person who requires a renewal of a license ~ enewal of shall, within the sixty days prior to the thirty-first day lIcense. of December preceding the year for which such renewal is required, lodge an application in writing on the prescribed form with the officer in charge of police at the police' station in the police division in which the applicant is then residing, together with the prescribed fee for such renewal. (iii.) The officer in charge of police at a police station Inquiry into who receives an application for renewal of a license shall application. make careful inquiry and if he is satisfied that the applicant- (a) Is the holder of and produces a license issued to him for the period immediately preceding the year for which renewal is applied for; and (b) Has possession of the concealable firearm described in such license and produces such concealable firearm; and

62 FIREARMS. Firearms License Act. 10 GEO. VI. No. 1, Endorse- ment. (c) Has good reason for requiring the renewal of the license applied for; and (d) May be permitted to have in his possession or under his control and to use and carrv such concealable firearm without any danger~ to the public or to the peace, he may approve of a renewal of the license, otherwise the application shall be dealt with as in the case of an application for a new license. (iv.) A renewal of a license shall be endorsed by an authorised officer in the prescribed manner on the license. Persons (v.) :No person other than an authorised officer ma. uatkheorised to S ha11 make or cause or perml 't to be made on a l!' Cense endorseIIl&nt.any endorsement as provided in paragraph (iv.) of this subsection. Offence re endorse- ment. (vi.) It shall be an offence against this Act for any person to have in his possession a license whereon an endorsement has been made otherwise than as provided in paragraph (iv.) of this subsection." (g) Subsection nine is repealed and the following subsection nine is inserted in lieu thereof, namely:- oRfelvicoecnas. teios.n Inves"ti(g9.a)ti(oin. ) BTrhaencihn, spBecritsobranoef,pomliacye, aitn thhies Cabrismoliuntael discretion, revoke any license if he is satisfied that a person to whom any license was issued is unfit to hold such license or upon receipt by him of a report in writing signed by the officer in charge of police at the police station in the police division in which the person to whom such license was issued usually resides intimating that such officer in charge of police is satisfied that such licensee is prohibited by this Act from holding a license, or is a person of unsound mind or of intemperate habits, or is a known or reputed criminal or known or reputed prostitute, or is otherwise unfitted to be entrusted with a concealable firearm: Provided that the holder of such license may appeal to the Minister against a decision of the inspector of police at the Criminal Investigation Branch, Brisbane, to revoke such license, and the decision of the Minister in the matter shall be final and binding, and without appeal. (ii.) When a license has been revoked in the manner hereinbefore provided a notice in writing signed by the

FIREARMS. G3 ]945. Firearms License Act. inspector of police at the Criminal Investigation Branch, Brisbane, shall be served on the licensee informing him of the fact of such revocation and requiring him to forthwith surrender his license to the officer in charge of police at the police station in the police division in which the person to whom the license was issued usually resides. (iii.) Any person who fails to surrender his license within forty-eight hours from receipt of such notice of revocation shall be liable on summary conviction to a penalty not exceeding ten pounds. (iv.) Where a license is revoked or where the person When tsoucwhholimcenasleictehnesephearssobneetnoiswshuoedmdosueschnolitcdeenssierehtaodrebneeewn c : o . n ~ ce ~ a ~ lB ~ Ql b e issued shall forthwith hand the concealable firearm to police. which such license has applied to the officer in charge of police at the police station in the police division in which the person to whom such license was issued usually resides or to a dealer, to be held by such officer or dealer as the case may be pending the sale or other lawful disposal of the concealable firearm. Where the concealable firearm is handed to a dealer such dealer shall forthwith issue a receipt for the same and within three days thereafter forward a duplicate of such receipt to the officer in charge of police at the police station in the police division in which the person to whom the license for such concealable firearm was issued usually resides. (v.) Any person who fails to comply with the provisions of this subsection shall be liable to a penalty not exceeding twenty-five pounds. (vi.) The regulations may provide for the purchase, disposal, or sale by the Commissioner of Police of any concealable firearm handed to an officer in charge of police at a police station under this section failing the sale or lawful disposal by the owner thereof within a period of six months. Where a concealable firearm handed in under this section is purchased, sold, or disposed of by the Commissioner of Police pursuant to the regulations made in that behalf the net proceeds of the sale shall, upon the prescribed application made within the prescribed time, be paid to the owner of the concealable firearm, and, failing such application, shall be paid to the Police Reward Fund."

64 FIREARMS. Firewrms License Act. 10 GEO. VI. No, 4, (h) Subsection ten is repealed and the following subsection ten is inserted in lieu thereof, namely :- Record of "(10.) A record of all licenses and certificates cliecretnifsiecsataensd. issued under this Act shall be kept at the Criminal Investigation Branch, Brisbane, and shall be open for inspection at all reasonable times upon payment of the fee (if any) prescribed." Repeal of 9. Section five of the Principal Act is repealed and and new 8. 5 a new section five is inserted in lieu thereof, namely:- Sale or hire "[5.] (1.) It shall be unlawful for any person to offirearms. sell by retail or by auction, or by private sale, or to let or hire a concealable firearm to any person other than a dealer, unless at the time of the sale, letting, or hiring such person other than a dealer produces a license issued to him in respect of such concealable firearm. Subject to this Act, in no case under this section shall any person sell, let, or hire a concealable firearm to any person under the age of eighteen years, or to a person who is of unsound mind or of intemperate habits, or who is a known or reputed criminal or known or reputed prostitute. Ent oh le (2.) Every person who sells by retail or by auction, or.zo. a or by private sale, or lets or hires a concealable firearm shall before such sale, letting, or hiring make or cause to be made an entry in a book to be kept for that purpose specifying the description of the concealable firearm sold, let, or hired, the date of such sale, letting, or hiring, the name and address of the purchaser, lessee, or hirer, the date of such license produced by the purchaser, lessee, or hirer, or particulars of the lawful authority exempting such purchaser, lessee, or hirer from having such license, and such further particulars as may be prescribed. Such person shall at all times permit any member of the police force to inspect and make copies of entries in the book so kept by him as aforesaid. Penalty. (3.) Any person who- (a) Contravenes any of the foregoing provisions of this section; or (b) On the sale, letting, or hiring of a concealable firearm makes or causes to be made any false

FIREARMS. 65 1945. Firearms License Act. entry or statement as to any matter concerning which he is required by this section to make an entry or statement, shall be liable on summary conviction to a penalty of not less than ten pounds and not more than fifty pounds. (4.) (i.) It shall not be lawful for any pawnbroker Concealable to take any concealable firearm in pawn from any : ~ ~ a~ e person. pawned. (ii.) If a pawnbroker takes any concealable firearm in pawn from any person he shall be liable to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding six months." 10 Section six of the Principal Act is repealed. Repeal of B.6. 11. A new heading is inserted before section seven Heading. of the Principal Act, as follows :- Part Ill. " PART lIl.-REGISTRATION OF DEALERS." 12. Section seven of the Principal Act is repealed Repeal of and a new section seven is inserted in lieu thereof, and new s. 7. namely:- "[7.] (1.) Any person who by way of trade or business Registration manufactures or sells concealable firearms or repairs of dealers. concealable firearms or exposes or has in his possession concealable firearms for sale or repair, unless he shall first have obtained a certificate of registration as a dealer, shall be liable on summary conviction for a first offence to a penalty not exceeding fifty pounds, and for a second or subsequent offence to a penalty of not less than twenty pounds nor more than one hundred pounds. (2.) An application for such certificate shall be Application made in the prescribed form to the officer in charge Of~ ~ ~istration. police at the police station in the police division in which . the applicant desires to carry on the trade or business of a dealer. Such officer shall thereupon make careful inquiry and report to the inspector or sub-inspector of police in charge of the police district in which the applicant desires to carry on the trade or business of a dealer, showing whether in his opinion the applicant is a person to whom such certificate should be issued. (3.) If in the opinion of the inspector or sub-inspector ~ urt~ er of police to whom a report is furnished as aforesaid mqmry. c

66 FIREARMS. Firearms License Act. 10 GEO. VI. No. 4, it is necessary or desirable that further inquiries be made concerning an application for any such certificate he may cause such further inquiries to be made as· the circumstances indicate are necessary or desirable. Report to (4.) When police inquiries concerning an applica- CriJnin.aL tion for any such certificate have been completed the ~: es: ! : ch. application form together with police reports concerning same shall be forwarded to the inspector of police at the Criminal Investigation Branch, Brisbane. Discretion of (5.) On receipt of such application and police inspector. reports the inspector of police at the Criminal Investiga- tion Branch, Brisbane, may in his absolute discretion issue or refuse to issue a certificate of registration to the applicant. Advice of refusal. (6.) When the inspector of police at the Criminal Investigation Branch, Brisbane, refuses to issue a certificate of registration he shall cause the applicant to be advised accordingly. Appeal. (7.) Any applicant aggrieved by a refusal of the inspector of police at the Criminal Investigation Branch, Brisbane, to issue a certificate of registration may appeal from such refusal to the Minister, whose decision shall be final and binding and without appeal. Fee. (8) (a) The fee payable for the issue of any certificate of registration shall be such sum as may be prescribed. Duration of (b) A certificate of registration shall unless sooner certificate revoked continue in force until the thirty-first day of renewals. December next following the date of the issue thereof, but subject as hereinafter provided may be renewed for a further period expiring on the thirty-first day of December next following the date upon which the renewal of such license becomes operative, and so from time to time: Provided that any application. for a renewal of a certificate shall be in the prescribed form and shall be forwarded by an applicant to the officer in charge of police at the police station in the police division in which the applicant carries on the trade or business of a dealer within sixty days prior to the thirty-first day of December preceding the year for which such renewal is required.

1945. FIREARMS. Firearms License Act. 67 (9.) The officer in charge of police at a police station Application who receives an application for a renewal of a certificate for renewal. of registration shall make careful inquiry, and if he is satisfied that the applicant is a fit and proper person to whom such renewal may be granted he may approve of a renewal of the certificate of registration, otherwise the application shall be dealt with as in the case of an application for a new certificate of registration. (10.) A renewal of a certificate of registration Endorse- shall be endorsed by an authorised officer in the ment. prescribed manner on the certificate of registration. (11.) No person other than an authorised officer Authorised shall make or cause or permit to be made on a certificate oftlJer to of registration any endorsement as provided in subsection en orae. ten of this section. (12.) It shall be an offence against this Act for Offence. any person to have in his possession a certificate of registration whereon an endorsement has been made otherwise than as provided in subsection ten of this section." 13. Two new sections, 7 A and 7B, are inserted after New BB. 7A section seven of the Principal Act, as follows :_ and 7B. "[7A.] (1.) The inspector of police at the Criminal Re,:"ocation % Investigation Branch, Brisbane, may in his absolute hcenses, discretion revoke any certificate of registration if he is c. satisfied that a person to whom any certificate was issued is unfit to hold such certificate or upon receipt by him of a report in writing signed by the officer in charge of the police station in the police division in which the person to whom a certificate of registration has been granted has carried on the trade or business of a dealer intimating that such officer is satisfied that the holder of any such certificate is, for any reason, unfit to hold such certificate: Provided that the holder of any such certificate may appeal to the Minister against a decision of the inspector of police at the Criminal Investigation Branch, Brisbane, to revoke such certificate, and the decision of the Minister shall be final and binding and without appeal. (2.) The inspector of police at the Criminal Investiga- tion Branch, Brisbane, shall cause a notice in the

68 FIREARMS. Fireanns License Act. 10 GEO. VI. No. 4. prescribed form to be served on the holder of a certificate of registration which has been revoked informing him of the fact of such revocation. (3.) Within the period of fourteen days after receipt by him of a notice pursuant to subsection two of this section the person to whom a certificate of registration has been issued shall, subject to this Act, dispose of his stock of concealable firearms, and for the purpose of disposing of any concealable firearms in his stock at the time he receives notice of revocation of his certificate of registration he shall be deemed to be a dealer for such period of fourteen days. (4.) If a person to whom a certificate of registration as a dealer has been issued is unable to dispose of all or any concealable firearms within a period of fourteen days after he receives notice ofrevocation of his certificate of registration he shall upon the expiration of such period of fourteen days- (a) Forthwith deliver to the officer in charge of police at the police station in the police division in which he has carried on the trade or business of a dealer a return fully and accurately de;:;cribing all concealable firearms in his possession; and (b) Forthwith deliver to the officer in charge of police at the police station in the police division in which he has carried on the trade or business of a dealer, or to another person who is the holder of a certificate of registra- tion as a dealer, any concealable firearms in his possession in respect of which no license has been issued to him; and (c) Thereafter not sell or otherwise dispose of to any other person or purchase or otherwise acquire from any other person any concealable firearms otherwise than in pursuance of a license issued to him pursuant to the provisions of this Act. (5.) The regulations may provide for the purchase, disposal, or sale by the Commissioner of Police of any concealable firearm delivered to an officer in charge of police at a police station in pursuance of paragraph (b) of subsection four of this section failing the sale or lawful disposal by the owner thereof within a period of six months.

FIREARMS. 69 1945. Firearms License Act. Where a concealable firearm handed in under this section is purchased, sold, or disposed of by the Commissioner of Police pursuant to the regulations made in that behalf the net proceeds of the sale shall, upon the prescribed application made within the prescribed time, be paid to the owner of the concealable firearm, and failing such application shall be paid to the Police Reward Fund. [7n.] (1.) Every dealer who sells. or otherwise Dealer in ~ isposes of or purchases or otherwise acquires possession ~ : ~ = ~ : III any manner whatsoever of any concealable firearm keep record. shall keep a book in which he shall make a true record of all purchases and acquisitions and sales and dispositions by him of concealable firearms. (2.) Every dealer shall, before making any such purchase or acquisition, make an entry in a book to be kept for that purpose specifying the description of the concealable firearm so purchased or acquired by him, the name and address and occupation of the person from whom such concealable firearm was so purchased or acquired, the date of the license produced by such person, and such further particulars as may be prescribed. (3.) Every dealer who sells or otherwise disposes of any concealable firearm shall before sale or disposal, make or cause to be made an entry in a book to be kept for that purpose specifying in addition to the partjculars required by subsection two of this section the description of the concealable firearm sold or other- wise disposed of by him, the date of such sale or disposal, the name and address and occupation of the person to whom the concealable firearm was sold or to whom such disposal was made, the date and number of the license produced by the purchas0r, or, in the absence of the production of such license, particulars of the lawful authority or exemption under which the sale or disposal was made, and such further particulars as may be prescribed. (4.) Before any dealer purchases or otherwise acquires possession of any concealable firearm from or sells or otherwise disposes of any concealable firearm to any person, such dealer shall demand from such person the production of his license in respect of such concealable firearm and such further particulars as are necessary to enable such dealer to make the entries required by this section to be kept in a book by such

70 FIREARMS. Fireanns License Act. 10 GEO. VI. No. 4, dealer. Every person to whom a dealer makes any demand as authorised by this subsection shall produce to such dealer his license and give all such further particulars to such dealer as are demanded by him. (5.) Every such dealer shall at all times permit any member of the police force to inspect and make copies of any entries in the book so kept by him as aforesaid and shall at all times on demand afford to any member of the police force all further information in his possession in respect of any sales or dispositions or purchases or acquisitions made by him of concealable firearms. (6.) Every dealer who fails to keep such record or permit such inspection or furnish such information, or who refuses or without reasonable excuse fails to produce his certificate of registration on demand by any member of the police force, or any person who, when required by a dealer pursuant to this section to produce his license, or to give his name, address, or occupation or other particulars, fails or refuses to produce such license or gives a false name, address, or occupation or other false particulars, shall be liable on conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months." Heading. 14. The heading " PART IV.-GENERAL " is inserted P G a e r n t er I a V l. .- after section 7B of the Principal Act. New ss. 70 15. The following new sections, 70 and 7D, are and 7D. inserted after the heading "General," as follows;- Prohibition "[70.] (1.) No person shall use, discharge, carry, or ofus~g, &c., have in his possession any machine gun, sub-machine g m u a n c s h , in & e c. gun, or h an d grena d e. (2.) Any person who is guilty of a contravention of this section shall be liable to a penalty not exceeding fifty pounds or imprisonment for a period not exceeding three months for a first offence, and for a second or subsequent offence to a penalty not exceeding one hundred pounds or imprisonment for six months or to both penalty and imprisonment: Firearms [7D.] Whosoever has in his possession or carries in cdaispcahbalregionfg any public place any firearm capable of discharging in noxious any' way any corrosive, noxious, or irritant liquid, liquids, &c. powder, gas, chemical, or other similar substance capable

FIREARMS. 71 1945. Firearms License Act. of causing bodily harm, except for some lawful purpose, the proof of which purpose shall lie upon him, shall be liable on conviction for a first offence to a penalty not exceeding fifty pounds or imprisonment for a term not exceeding three months, and for a second or subsequent offence to a penalty not exceeding one hundred pounds or to imprisonment for a term of six months or to both penalty and imprisonment." 16. Section eight of the Principal Act is repealed Repeal of nanadmt I ehey: f-ollowing sections are inserted in lieu thereof, as ' n s d c& n . ew ss. " [B.] Any member of the police force may demand Demand from any person who at or immediately preceding the p~ ~ ? - uction time of such demand has in his possession or may be 0 lCense. or may have been using or carrying any concealable firearm the production of the license for so doing, and may also demand from such person his name and address.. If such person refuses or without reasonable excuse fails to produce such license or does not give his full and correct name and address, or gives a false name or address, he shall for every such offence be liable to a penalty not exceeding ten pounds. [BA.] Any member of the police force may seize Power of and detain any concealable firearm found in the possession seizure of of or bem· g used or carrl.ed by any person wh 0 " IS requIred fciorenacremal. able by this Act to be but who is not or whom such member of the police force reasonably suspects is not the holder of a license therefor under this Act. Unless it is established that the person in whose possession such concealable firearm was found is the holder of a license in respect of such concealable firearm the same shall be forfeited." 17. Section nine of the Principal Act is repealed Repeal of and the following section is inserted in lieu thereof, an: new namely:- ' s. . "[9.] (1.) Any ,member of the police force may Search search any person in any public place whom he f~ and f suspects of having in his possession or under his : = ~ o control any machine gun, sub-machine gun, hand grenade, or a concealable firearm, and whom he suspects does not hold a license for such concealable firearm and who is not exempted from the provisions of this Act, and may

72 FIREARMS. Firearms License Act. 10 GEO. VI. No. 4, Further powers of police. detain such person for the purposes of such search, and may, on failure of such person to produce a license issued to him for such concealable firearm or evidence of his exemption from the provisions of this Act, seize and detain any machine gun, sub-machine gun, hand grenade, or concealable firearm found during such search. (2.) When any member of the police force finds a person in possession of any machine gun, sub-machine gun, hand grenade, or concealable firearm and such person does not on demand produce to such member a license authorising him to have possession of such concealable firearm, or evidence that he is a person who is entitled to have possession of such machine gun, sub-machine gun, hand grenade, or to have possession of a concealable firearm without a license, such member of the police force may, without any warrant other than this Act, arrest such person and take him as soon as practicable before a court of petty sessions to be dealt with according to law." Repeal of and new s.lO. [Power to 18. Section ten of the Principal Act is repealed and a new section ten is inserted in lieu thereof, namely:- s f p i e r r a e e r a m c .r i h m se .] s for oath " t [ h 1 a 0 t .] the I r f e ais jruesatsiocneabislesagtrisofuiendd bfoyr sinufsopremptaitnigonthoant any hand grenade or any firearm is concealed or lodged in any vessel, vehicle, aircraft, shop, room, office, house, outhouse, yard, garden, or other building, premises, or place in breach of this Act he may grant a search warrant authorising any member of the police force with such assistants as he may deem necessary to enter at any time, if necessary by force, and to search such vessel, vehicle, aircraft, shop, room, office, house, outhouse, yard, garden, or other building, premises, or place named in such warrant and every person found therein, and to seize and detain any hand grenade or any firearm which he may find in or on such vessel, vehicle, aircraft, shop, room, office, house, outhouse, yard, garden, or other building, premises, or place or on such person and in respect of which he has reasonable grounds for suspecting that a breach of this Act has been or is being or is about to be committed, and to arrest any person whom he finds using, carrying, or having in his possession any hand grenade or any firearm in contravention of the provisions of this Act."

FIREARMS. 73 1945. Firearms License Act. 19. Section twelve is repealed and a new section Repeal of twelve is inserted in lieu thereof, namely:- and new B. 12. "[12.] Any person who in any way prevents a Obstr~ ction member of the police force from exercising his powers, of police. authority, or functions under this Act, or who hinders or obstructs a member of the police force in the execution of his duty under this Act, shall be guilty of an offence." 20. Section thirteen is repealed and a new section Repeal of thirteen is inserted in lieu thereof, namely:- andnewB.13. "[13.] Any person who uses, carries, or has in his Silencers. possession any silencer shall be liable for a first offence to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding six months, and for any subsequent offence to imprisonment for a term of twelve months." 21. Section fifteen of the Principal Act is amended Amendment as follows :_ . of s. 15. :t:en (a) The first two paragraphs are repealed and the [Persons following paragraph is inserted in lieu thereof:- " Any person under the age of eighteen years who years of uses, carries, or has in his possession in contravention age.] of this Act any concealable firearm shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding twenty pounds." (b) In the third paragraph, after the word" More- over " the words " where the offender is under the age . of seventeen years" are inserted. (c) The following new proviso is added to the said section, namely:- "Provided that, notwithstanding anything herein contained, where the offender is under the age of seventeen years such offender may be dealt with in the Children's Court and the provisions of *" The Ohildren's Oourts Act of 1907 " shall apply and extend accordingly." 22. Section 15A of the Principal Act is repealed Repeal of and a new section 15A is inserted in lieu thereof, : ~ t5~ ~ W namely:- "[ISA.] (1.) Subject to this Act no person shall Young knowingly sell, let, hire, give, lend, or otherwise dispose ~ : : ~ : . of a concealable firearm to any person under the age of intoxicated eighteen years, or to a person who is of unsound mind : . a~ ~ d or of intemperate habits, or who is a known or reputed mind. criminal or known or reputed prostitute. * 7 E. 7 No. 3, v. 4, p. 484.

74 FIREARMS. ---_._-- Firearms License Act. 10 GEO. VI. No. 4, No person who is intoxicated shall use, carry, or have in his possession any concealable firearm. (2.) Subject to this Act no person shall lend a concealable firearm to any other person." New s. 15B. 23. A new section, 15B, is inserted after section 15A of the Principal Act, namely:- Defacing number, &c., of firea.rm. "[15B.] Any person who- (a) Defaces or alters any number or identification mark upon any firearm; or (b) Has in his possession any firearm the numbers or identification marks whereon have been defaced or altered, shall be liable for a first offence to a penalty not exceeding fifty pounds or to imprisonment for a term not exceeding three months, and for a second or subsequent offence to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding six months." New s. 150. 24. A new section, 150, is inserted after section 15B of the Principal Act, namely:- Police may demand name and place of abode. "[150.] (1.) Any member of the police force who- (a) Finds any person committing or who reason- ably suspects any person of having committed an offence against this Act; or (b) Is making investigations with a view to establishing whether or not an offence against this Act has been committed by any person, may demand from such person his name and place of abode and, if he has reasonable ground to suppose that the name or place of abode given is false, may require evidence of the correctness thereof. If such person fails upon such demand to give his name and place of abode or such evidence, such member shall caution him, and, if he still persists in such failure, or, if such person gives a name or place of abode which in the opinion of such member is false, may arrest him without warrant, and take him as soon as practicable before a court of petty sessions to be dealt with according to law. (2.) Any person required under this section to give his name and place of abode who fails to give the same, or who gives a false name or place of abode or gives

FIREARMS. 75 1945. Firearms License Act. false evidence with respect to such name or place of abode, shall be liable to a penalty not exceeding twenty pounds." 25. In section sixteen of the Principal Act after Amendment the words "contravention of" the words "or failure of 8. 16. to comply with any provision of" are inserted. ~ < ; : : : ; . l] 26. Section seventeen of the Principal Act is Amendment amended as follows:- oh. 17. (i.) In subsection one the figures "1924" are repealed and the figures and words "1945" on a complaint by a member of the police force or by any other person authorised by the Minister" are inserted in lieu thereof; also a new proviso is inserted as follows : - "Provided that nothing in this subsection shall require the laying of a complaint against any person who is arrested under this Act." (ii.) A new subsection, lA, is added after subsection one, namely :- " (lA.) A prosecution for any offence against this Act may be begun within six months after the offence is committed, or within four months after the discovery of the offence, whichever is the later period." (ill.) Subsection five is amended as follows : - (a) In paragraph (i.) after the words" article is" the words" a concealable firearm or as the case may be" are inserted. (b) The following new paragraphs are added, as follows : - " (vi.) Where it is necessary to prove that any Reputation. person is a known or reputed criminal or known or reputed prostitute,evidence of the general reputation of any person is admissible; a (vii.) When firearm is used~ carried~ or had in Meaning of possession in parts by two or more persons, firearm. each and everyone of such persons shall be deemed to use, carry, or have in possession a firearm." 27. Subsection one of section eighteen of the Amendment. pPrrOiVncI . SiIp . OanlSA, ncat misea I ym: e-n.ded by inserting the following new t[ o iR f oen s. gs.u 1 ] l 8 a . . "(al.) Requiring an applicant for a license, certificate, or permit to supply such personal particulars as may be required;

76 FIREARMS. Firearms License Act. 10 GEO. VI. No. 4, (a2.) Lost or destroyed licenses or certificates and provisions for issue of duplicate, and the terms and conditions of such issue; " . Nw s. 18A. 28. A new section, I8A, is inserted after section eighteen of the Principal Act, as follows : - Provisions 8800 souvenirs. "[18A.] The following provisions shall apply in respect of any firearm which is or may hereafter be in the lawful possession of any person who desires to retain possession of the same as a souvenir:- (I) Any such person may apply to the officer in charge of police at the police station in the police division in which he is residing for a grant of a permit by the inspector of police at the Criminal Investigation Branch, Brisbane, in respect of the firearm concerned and at the same time he shall hand in the firearm with his application; (2) Such officer so in charge upon receiving such application shall forward the same together with the firearm concerned to the inspector of police at the Criminal Investigation Branch, Brisbane; (3) The inspector of police at the Criminal Investigation Branch, Brisbane, may issue a permit in the prescribed form authorising the person named therein to have possession of the firearm concerned, but before doing so he shall cause such firearm to be rendered useless for the purpose of discharging therefrom any shot, bullet, or other missile, or any corrosive, noxious, or irritant liquid, powder, gas, chemical, or substance capable of causing any bodily harm, and moreover such firearm shall be so dealt with that same cannot be repaired and/or restored for the purpose of discharging therefrom any shot, bullet, or other missile, or any corrosive, noxious, or irritant liquid, powder, gas, chemical, or substance capable of causing any bodily harm. No action shall lie against the Com- missioner of Police or any other member of the police force for anything done or caused to be done to a firearm in pursuance of this section ;

1945. FIREARMS. Firearms License Act. 77 (4) The person to whom a permit has been issued in pursuance of this section shall produce such permit and the firearm referred to therein for inspection on demand by any member of the police force; (5) No permit shall be granted under this section unless the inspector of police at the Criminal Investigation Branch, Brisbane, is satisfied that the provisions of subsection three of this section are complied with; (6) The onus of proving that any person making application for a permit under this section is in lawful possession of the firearm concerned shall lie upon the person making application under this section; (7) A permit issued under this section may be revoked by the issuing officer at any time." 29. Section nineteen of the Principal Act is Amendment amended by deleting the -second paragraph and inserting of s. 19. the following paragraph in lieu thereof, namely:- " Any such Proclamation may be in relation to a concealable firearm or may include all or any firearms as defined in this Act." 30. Section 2A of *" The Firearms Act of 1905 " (as Amendment amended by t" The Firearms License Act of 1927 ") is ~ ; : ; , : ~ amended as follows:- Act of 1905." (i.) Subsection one is repealed and the following subsection is inserted in lieu thereof, namely:- "[2A.] (1.) In this Act the term "Firearm" shall Definition of mean any firearm as defined in " The Firearms License firearms. Acts, 1927 to 1945."" - (li.) In subsection two the words" t" The Firearms License Act of 1927"" are repealed and the words " "The Firearms License Acts, 1927 to 1945,"" are inserted in lieu thereof; also the word " Act" where twice last occurring is repealed and the word " Acts " is inserted in lieu thereof. - ~ ~ - - - - - - - - - --- -~ - -- - -- - -- - -~ * 5 E. 7 No. 29, v. 3, p. 526. t 18 G. 5 No. 21, v. 3, p. 527.