Pistol License (Amendment) Act 1970 (NSW)

PISTOL LICENSE (AMENDMENT) ACT.

ANNO UNDEVICESIMO

ELIZABETHS II BEGINS

Act No. 50, 1970.

An Act to make further provisions relating to pistol clubs and the use and carriage of pistols; for these purposes to amend the Pistol License Act, 1927, and certain other Acts; and for purposes connected therewith. [Assented to, 14th October, 1970.]

(1) This Act may be cited as the "Pistol License (Amendment) Act, 1970". (2)

E it enacted by the Queen's Most Excellent Majesty, by

B and with the advice and consent of the Legislative	Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as follows : —

1 .

(2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2. The Pistol License Act, 1927, is amended—

(a) by inserting at the end of paragraph (c) of subsec­ tion three of section four the following new sub­ paragraph :—

(vii)   any member of an approved club within the meaning of section 5A of this Act, who uses or carries a pistol for which he does not hold a pistol license, in so far as he is authorised by that section so to use or carry such pistol.

(b) (i) by omitting from paragraph (a) of subsection one of section 5A the words "Such approval may be revoked by the Commissioner of Police if the number of active members of the approved club falls below ten or if he is satis­ fied that the approved club is not being conducted in the interests of public safety or that the secretary or members thereof are not complying with the provisions of this Act or the regulations thereunder." and by inserting in lieu thereof the following paragraphs : —

The Commissioner of Police may attach, and shall be deemed always to have been authorised to attach, to such approval, whether at the time such approval is given or subse­ quently, such terms and conditions relating to the control, administration and management of the approved club or the preservation of the public safety or the peace as he thinks fit, and may revoke any terms and conditions so attached.

One

One of the terms and conditions that may be so attached is that the approved club shall be and remain affiliated with the State Controlling Authority.

Such approval may be revoked by the
Commissioner of Police if he is satisfied that—

(i)   the number of active members of the approved club is less than ten;

(ii)   the approved club is not being con­ ducted in the interests of public safety or the peace;

(iii)   the secretary or members of the approved club are not complying with the provisions of this Act or the regulations thereunder; or

(iv)   the terms and conditions attached to such approval are not being complied with,

or may be revoked by the Commissioner of Police for any other reason considered suffi­ cient by him.

(ii)   by inserting at the end of paragraph (b) of the same subsection the following new paragraphs : —

The Commissioner of Police may attach, and shall be deemed always to have been authorised to attach, to the use of any approved range, whether at the time any approval is so given or subsequently, such terms and conditions relating to the use, con­ trol, administration and management of the approved range or the preservation of the public safety or the peace as he thinks fit, and may revoke any terms and conditions so attached.

Any

Any approval so given in relation to a shoot­ ing range may be revoked by the Commis­ sioner of Police if he is satisfied that—

(i)   the approved range is not being used in the interests of public safety or the peace; or

(ii)   the terms and conditions attached to the use of the approved range are not being complied with,

or may be revoked by the Commissioner of Police for any other reason considered suffi­ cient by him.

(iii)   by omitting from paragraph (a) of subsection three of the same section the words "and any pistol in respect of which a license is so issued may be used in club target practice at an approved range by any member of such club of or above the age of eighteen years, or by any visiting member of any approved club of or above the same age, under the super­ vision of a responsible range officer of an approved club";

(iv)   by omitting from subsection four of the same section the word "three" and by inserting in lieu thereof the words "the prescribed

number of";

(v)   by inserting at the end of the same subsection the following new paragraph :—

The regulations under this Act may, in addition to prescribing the number of pistols for which licenses may be issued to a person as such a member, limit the number of pistols of a class, specified or described in the regula­ tions, for which licenses may be issued to a person as such a member.

(vi)

(vi)   by inserting next after the same subsection the following new subsection :—

(4A) (a) Where a member of an approved club is the holder of a license issued by virtue of subsection two of this section in respect of a pistol—

(i)   such member may lend such pistol to or permit such pistol to be used or carried by any other member of an approved club who uses when engaged in club target practice or carries such pistol at an approved range under the supervision of a responsible range officer of an approved club; and

(ii)   the other member referred to in sub­ paragraph (i) of this paragraph may use when engaged in club target prac­ tice or may carry such pistol at an approved range under the supervision of a responsible range officer of an approved club.

(b) Where the secretary of an approved club is the holder of a license on behalf of such club issued by virtue of para­ graph (a) of subsection three of this section in respect of a pistol—

(i) the secretary may permit such pistol

to be used or carried by any member

of an approved club who uses when engaged in club target practice or carries such pistol at an approved range under the supervision of a responsible range officer of an approved club; and

(ii)   the member referred to in subpara­ graph (i) of this paragraph may use when engaged in club target practice or may carry such pistol at an

approved

approved range under the supervision of a responsible range officer of an approved club.

(vii)   by omitting from subparagraph (ii) of para­ graph (a) of subsection five of the same section the words "the holder of a license issued by virtue of subsection two of this sec­ tion" and by inserting in lieu thereof the words "a member of an approved club";

(viii)   by inserting in the same subsection after the word "range" the words "under the super­ vision of a responsible range officer of an approved club";

(ix)   by omitting from paragraph (b) of the same subsection the words "who are of or above the age of eighteen years";

(c) by inserting next after subsection one of section ten the following new subsection :—

(1A ) Subsection one of this section shall not apply to any member of an approved club within the meaning of section 5 A of this Act who lends a pistol to a person who does not produce a pistol license, in so far as he is authorised by that section so to lend such pistol.

(d)	by inserting at the end of section twelve the following new paragraph :—
Where an information is laid for an offence aris­ ing under this section in respect of such person's refusal to produce such license, it shall be a defence if he proves he was not required by this Act to be the holder of such a license for such pistol.
(e)	by inserting in section sixteen after the word "who" the words ", not being authorised by section 5A of this Act to do so,".
3. The Police Offences Act, 1901, is amended—

(a) by inserting next after the definition of "Air gun" in section 41B the following new definitions :—

"Approved club" means a pistol club approved pursuant to paragraph (a) of subsection one of section 5A of the Pistol License Act, 1927.

"Approved range" means a shooting range approved pursuant to paragraph (b) of subsection one of section 5A of the Pistol License Act, 1927.

(b) (i) by inserting at the end of subparagraph (ii) of paragraph (b) of subsection seven of section 41c the following word and new subparagraph :—

; or

(iii)   any member of an approved club who uses or carries a pistol, in so far as he is authorised by section 5 A of the Pistol License Act, 1927, to use or carry such pistol.

(ii)   by inserting next after the same paragraph the following new paragraph :—

(b l ) Subsection (2A ) of this section shall

not apply to any member of an approved club who lends a pistol to or permits a pistol to be used or carried by another person who is under the age of sixteen years, in so far as he is authorised by section 5A of the Pistol License Act, 1927, so to lend such pistol or permit such pistol to be so used or carried.

(c)

(c) by inserting next after subsection two of section 4 1 E the following new subsection :—

(3) Subsection one of this section shall not apply to any member of an approved club who sells, gives or disposes of any cartridges to any person under the age of sixteen years at any approved range, in so far as the sale, gift or disposal is made in connection with the use of a pistol by the lastmentioned person when engaged in club target practice at such range, being a person who is authorised by section 5 A of the Pistol License Act, 1927, to use such pistol at such range.

1. The Crimes Act 1900 is amended—

(a) by omitting from the definition of "Pistol" in section 93A the words ", but does not include a toy pistol or an antique pistol which is kept or sold as a curiosity or ornament";

(b) (i) by omitting paragraph (c) of subsection two

of section 93H;

(ii)   by omitting paragraph (e) of the same subsection;

(iii)   by inserting at the end of the same subsection the following new paragraph :—

(f)	any member of an approved club within the meaning of section 5 A of the Pistol License Act, 1927, who uses
or carries a pistol without a pistol
license for such pistol, in so far as he is authorised by that section so to use or carry such pistol.

POLICE

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