Summary Offences (Dangerous Articles and Prohibited Weapons) Variation Regulations 2009 (SA)

South Australia

Summary Offences (Dangerous Articles and Prohibited Weapons) Variation Regulations 2009

under the Summary Offences Act 1953

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Summary Offences (Dangerous Articles and Prohibited Weapons) Regulations 2000

1. Variation of Schedule 1 clause 8—Gas injector devices

2. Variation of Schedule 2—Prohibited weapons

   10ALaser pointer

3. Variation of Schedule 3—Exemptions

Part 1—Preliminary

1—Short title

These regulations may be cited as the Summary Offences (Dangerous Articles and Prohibited Weapons) Variation Regulations 2009.

2—Commencement

These regulations will come into operation 4 months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Summary Offences (Dangerous Articles and Prohibited Weapons) Regulations 2000

4—Variation of Schedule 1 clause 8—Gas injector devices

Schedule 1, clause 8—delete "including a Farallon Shark Dart" and insert:

for example, a Farallon Shark Dart or a WASP Injector Knife

5—Variation of Schedule 2—Prohibited weapons

Schedule 2 —after clause 10 insert:

10A—Laser pointer

A hand‑held device commonly known as a laser pointer designed or adapted to emit a laser beam with an accessible emission level of greater than 1 milliwatt.

6—Variation of Schedule 3—Exemptions

1. Schedule 3, clause 4—after its present contents (now to be designated as subclause (1)) insert:

   (2)In this clause—

   undetectable knife means a knife declared to be a prohibited weapon by clause 17 of Schedule 2.

2. Schedule 3—after clause 16 insert:

   17—Laser pointers for astronomical use

   (1)A person who has possession of, or uses, a laser pointer for the purpose or in the course of participating in astronomy is exempt from the offences of possession and use of a laser pointer under section 15(1c)(b) of the Act if the person—

   (a)is a member of—

   (i)the Astronomical Society of South Australia Incorporated; or

   (ii)the Mars Society Australia Incorporated; or

   (b)participates in astronomy under the supervision of a member of a body referred to in paragraph (a); or

   (c)participates in astronomy at an observatory; or

   (d)participates in astronomy as part of a course of study conducted by an educational institution.

   (2)In this clause—

   laser pointer means a device declared to be a prohibited weapon by clause 10A of Schedule 2.

Made by the Governor

with the advice and consent of the Executive Council

on 17 December 2009

No 308 of 2009

AGO0073/08CS