Police Offences (Firearms) Amendment Act 1947 (NSW)
POLICE OFFENCES (FIREARMS) AMEND
MENT ACT.
Act No. 34, 1947.
An Act to make further provision relating to George vi,
firearms and other lethal weapons; for these purposes to amend the Police Offences Act, 11)01'194G; and for purposes connected therewith. [Assented to, 10th December, 1947.]
T ) E it enacted by the King’s Most Excellent Majesty, I J by and witli the advice and consent of the Legis lative C'ouncil and Legislative Assembly of New South Wales in Farlkinent assembled, and by the authority of the same, as follows :—
1. ( 1 ) This Act may be cited as tlie “ Police Offences shorttitto,
| (Firearms) | Amendment Act, 1 9 4 7 .” | citation, and eom. |
(2) The Police Offences Act, 1901, as amended by êneement
subsequent Acts ami by fliis Act, may be cited as the
Police Offences Act, 1901-1947.
(3) This Act shall commence on a day to be appointed by the Governor and notified by proclamation published in the Gazette.
| H | 2. |
226 Police Offences (Firearms) Amendment Act.
| No. 34, 1947. | 2. The Police Offences Act, 1901-1946, is amended— |
| Amendment of Act No. 0, 1901. | (a) (i) by omitting from the definition of “ Fire |
| See. 41b. | arm” in section 4 1 b the words “ whether by |
| (Interpre | an explosive or by any other means what |
| tation.) | soever but does not include a hand grenade, machine gun or sub-machine gun” and by inserting in lieu thereof the words “ or could, but for some omission or mechanical defect, be discharged, whether by an explosive or by any other means whatso ever, but does not include a hand grenade, military rifle, machine gun or sub-machine gun’ ’; |
(ii) by inserting in the same section next after the definition of “ ‘Machine gun’ or ‘sub machine gun’ ” the following new defini tions :—
“ Military ammunition” means any ammunition which is capable of being discharged from a military rifle.
“ Military rifle” means any rifle of larger calibre than twenty-two one- hundredths of an inch which is of a type used by the naval, military or air forces of any country, but does not include any rifle used by the naval, military or air forces of any country prior to the year one thousand eight hundred and ninety.
“ Pistol dealer” means a registered pistol dealer under the Pistol License Act, 1927-1946.
(iii) by inserting in the same section next after the definition of “ Prescribed” the follow ing new definition:—■
“ Eifle club” moans a rifle club formed under the Defence Act 1903-1941 of the Parliament of the Common wealth.
(b)
| Police Offences (Firearms) Amendment Act. | 227 |
| (b) by inserting next after section 4 1 ca the follow- | ô. 34, 1947. |
| ing new section:— | New see. 41cb. |
| 4 1 c b . ( 1 ) No | person | shall use, | discharge, | Possession, |
| carry, have in his possession, sell or otherwise | etc., of military |
| dispose of any military rifle or military ammuni | rifles or |
| tion. | military |
| (2) Any person who is guilty of a | a tnniuiiition. |
contravention of this section shall be liable to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding six months.
(3) This section shall not apply to—
| (a) | any member of the defence forces of tlie Commonwealth or of the Common wealth junior or senior cadets or of the |
| • | police force of the Commonwealth or of this State or any other State or territory of the Commonwealth, or any peace officer under the Peace Officers Act 1925 of the Parliament of the Com monwealth, in respect of his possession of any military rifle or militarj" ammunition prescribed for the use of such force, cadet or officer, and used or carried in the performance of his duty or wlien engaged in or proceeding to or from drill or farget practice at an authorised rifle range; |
| (b) | any member of a rifle club in respect of his possession of any military rifle or military ammunition prescribed for the use of such club and used or carried Avhen engaged in or iJroceeding to or fi'om target practice at an authorised rifle range: Provided ihat nothing contained in this paragraph shall authorise any such member to be in possession of more than four military rifles at any one tim e; |
| (c) | any pistol dealer or his servant in respect of his possession or carrying of any military rifle or military |
ammunition
228 Police Offences (Firearms) Amendment Act.
| No. 84, 1947. | ammunition in the ordinary course of the trade or business of such dealer; |
| I | (d) | the sale or disposal of any military rifle or military ammunition to a pistol dealer, or to the sale or disposal by a pistol dealer of any military rifle or military ammunition to a person whom the pistol dealer believes on reasonable grounds to be a member of a rifle club and who produces a statement to that effect signed by the captain of the rifle club of which he is a member; |
| (e) | any person whilst engaged in the manufacture, assembly or handling of any military rifle or military ammuni tion for or on behalf of the Common wealth; or | |
| (f) | any person engaged in scientific or experimental work with any military rifle or military ammunition in pur suance of an authority in that behalf granted by the Minister and in com pliance with the terms and conditions imposed by any such authority. |
| ef. Act No. | (4) | (a) It shall be the duty of every |
| 10,1927, |
| I.10A. | pistol dealer who sells or purchases any military rifle or military ammunition to keep a book in which he shall record or cause to he recorded a true record of all purchases and sales of such rifles and ammunition. Such record shall set out in respect of each sale or purchase the date thereof and the name, occupation and address of the purchaser or vendor and full particulars of the military rifle or military ammunition purchased or sold. |
(b) Every such pistol 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 information in his possession with respect to any sales or
purchases
| Appropriation Act. | 229 |
| purcnases made by him of military rifles and | No. S4> 1M7. |
| military ammunition. | |
| (c) Every pistol dealer who fails to keep such record or permit such inspection or furnish such information shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months. |
| (c) by inserting in subsection two of section 41d | Sec. 4 ID. |
| after the words “ hand grenade’’ wherever | etc., carried |
| (F iream s, | |
| occurring the words “ military rifle” ; | ia parts.) |
| (d) by inserting in section 41g after the words | See. 4 Iff. (Seizure of |
| “ hand grenade” wherever occurring the words | ihearm, etc.) |
| “ military rifle, military ammunition” ; | |
| Sec. 4lH. |
| (e) by inserting in section 41h after the word | (F re caution |
| “ firearm” wherever occurring the words | to i>e taken |
| “ military rifle” ; | by oivncrE.) |
| (f) by inserting in sections 41i and 41 n after the | an d 4 I n . |
| Sees. 411 |
| words “ hand grenade” wlierever occurring the | ( I ’ower to |
| words “ military rifle, military amiminition” ; | search for |
| Jircarms J | |
| illegal pos- fics^ioo of tirranus.) |
| (g) (i) by inserting in section 41r after the words | Sec. 41b. (Search of |
| “ hand grenade or” the words “ a military | suspected |
| rifle or military ammunition or” ; | ptraou, etc.) |
(ii) by inserting in the same section after the words “ hand grenade” whore secondly occurring the words “ military rifle, militaiy ammunition.”
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