STATUTORY RULES.
1940.
No. 108.
––––––
REGULATIONS
UNDER THE NATIONAL SECURITY ACT 1939.*
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following regulations
under the National Security Act 1939,
Dated this Fourteenth day of June,
1940.
GOWRIE
Governor-General.
By His Excellency’s Command,
ROBERT
G. MENZIES
Minister
of State for Defence Co-ordination.
––––––
National Security (Fire-arms and Explosives)
Regulations.
Short
title.
1. These Regulations may
be cited as the National Security (Fire-arms and Explosives) Regulations.
Definitions.
2. In these Regulations
unless the contrary intention appears—
“ammunition
means any ammunition capable of being discharged from a fire-arm;
“authorized
person” means any person authorized in writing by a Minister of State to be an
authorized person for the purposes of these Regulations;
“bona fide vendor” does not include a
dealer in second-hand goods;
“explosive
substance” does not include petrol;
“fire-arm”
means any weapon of any description from which any shot, bullet or other
missile can be discharged or from which any noxious or irritant liquid, powder,
gas, chemical or substance capable of causing any bodily harm can be emitted,
or any part thereof, and includes an air gun.
Permit
under law of State or Territory not to exempt from Regulations.
3. A person shall not be
exempted from the provisions of these Regulations by reason of his holding any
licence or permit under the law of any State or Territory of the Commonwealth
to carry or have in his possession any fire-arm, ammunition or explosive substance.
Aliens
not to possess fire-arm, ammunition or explosives.
4. An alien shall not be
in possession of any fire-arm, ammunition or explosive substance.
*Notified
in the Commonwealth Gazette on 14th
June, 1940.
3462.—Price 3d.
Aliens
to deliver fire-arms, ammunition and explosives.
5. Every alien who is in
possession of any fire-arm, ammunition or explosive substance, shall forthwith
deliver the fire-arm, ammunition or explosive substance, as the case may be, to
a member of the Police Force of the Commonwealth or of a State or Territory of
the Commonwealth at the Police Station nearest to that person’s place of
residence or, if he is absent from his place of residence, at the Police
Station nearest to the place where he is.
Power
to prohibit possession of fire-arms by individual British subjects.
6. An authorized person
may, by notice in writing addressed to any British subject––
(a) forbid the possession by that British
subject of any fire-arm, ammunition or explosive substance; and
(b) require that British subject to
deliver all fire-arms, ammunition or explosive substances in his possession to
such person and within such time and in such manner as are specified in the
notice.
Power
to prohibit possession of fire-arms by specified classes of British subjects.
7. The Minister may, by notice
published in the Gazette––
(a) forbid the possession by any person
who belongs to any class of British subjects specified in the notice of any
fire-arm, ammunition or explosive substance; and
(b) require any person who belongs to any
class of British subjects specified in the notice to deliver all fire-arms,
ammunition and explosive substances in his possession to such person and within
such time and in such manner as are specified in the notice.
Return
of fire-arms, ammunition and explosive substances.
8. Any British subject
having any fire-arms, ammunition or explosive substance in his possession
shall—
(a) within six days after the
commencement of these Regulations, or in the case of a person resident more
than fifty miles from the nearest Police Station, within ten days after such
commencement; and
(b) within such time as is specified in
any notice requiring him so to do,
furnish
to a member of the Police Force of the Commonwealth or of a State or Territory
of the Commonwealth at the Police Station nearest to that person’s place of
residence or, if he is absent from his place of residence, at the Police
Station nearest to the place where he is, a return of all fire-arms, ammunition
and explosive substances in his possession.
Permit
to purchase fire-arms and ammunition.
9.—(1.) An authorized
person may issue to a British subject a permit to acquire from a bona fide vendor, subject to such
conditions as are specified in the permit, such fire-arms, ammunition and
explosive substances as may be specified in the permit.
(2.) A permit issued under the last
preceding sub-regulation may be revoked at any time, and thereupon the person
to whom it was issued shall immediately deliver the permit, and any fire-arms
and ammunition in his possession, in the manner specified in regulation 7 of
these Regulations.
Sale
of fire-arms by bona fide vendors.
10. A bona fide vendor of fire-arms, ammunition or explosive substances
may sell fire-arms, ammunition or explosive substances to a British subject who
is in possession of a permit issued under regulation 9 of these Regulations to
the extent specified and subject to any conditions contained in that permit.
Power
to give directions to bona fide vendors.
11. An authorized person
may, by notice in writing addressed to a bona
fide vendor of fire-arms, ammunition or explosive substances, give any
direction to that bona fide vendor as
to the care, storage, treatment and disposal of those fire-arms, ammunition or
explosive substances.
Prohibition
of disposal except as authorized.
12. Except in accordance
with the provisions of these Regulations, or of any permit issued under these
Regulations, a person shall not sell or otherwise dispose of to any other
person or purchase or otherwise acquire from any other person any fire-arm,
ammunition or explosive substance unless authorized in writing so to do by an
authorized person.
Conditions
of permit not to be contravened.
13. A person shall not
contravene any of the conditions specified in any permit issued in pursuance of
these Regulations or fail to comply with any of the provisions of any notice
served on him in pursuance of these Regulations.
Firearms,
&c., to retain in custody.
14. The person to whom any
fire-arm, ammunition or explosive substance is delivered in pursuance of these
Regulations shall give a receipt therefor, and, subject to any direction by the
Minister or authorized person, retain the fire-arm, ammunition or explosive
substance, as the case may be, in a place of security and take all reasonable
precautions to prevent its deterioration.
Power
to enter and search.
15.—(1.) Any member of the
Police Force of the Commonwealth or of a State or Territory of the
Commonwealth, if not below the rank of sergeant, or if thereto authorized in
writing by a member of the Force not below that rank, may, at any time in the
day or night, enter and search any premises or vessel or part thereof where any
fire-arm, ammunition or explosive substance is or is suspected to be and, if
necessary for that purpose, may break into and enter such premises or vessel or
part.
(2.) A person shall not hinder or
obstruct an authorized person or a member of the Police Force of the
Commonwealth or of a State or Territory of the Commonwealth in the performance
of any power or duty under these Regulations.
Offences
to be continuing.
16. Where any person has
failed to comply with any provision of these Regulations or of any permit or
notice issued under these Regulations, whether that person has or has not been
convicted of any offence against the National
Security Act 1939 by reason of that failure, these Regulations shall be
construed as requiring that person to comply with that provision on each and
every day until he has complied with that provision.
Exemption
from Regulations.
17. The provisions of these
Regulations shall not apply in relation to any fire-arm, ammunition or
explosive substance in the possession of a person by reason of his being a
member of the Defence Force or of the Police Force of the Commonwealth or of a
State or Territory or a Peace Officer under the Peace Officers Act 1925.
By
Authority: L. F. Johnston, Commonwealth
Government Printer, Canberra.