Untitled document

Control of Weapons (Amendment) Act 2000

Act No. 47/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Body armour to be prescribed	2
5.	Definitions	2
6.	New section 5 substituted and sections 5A and 5B inserted	3

5.	Prohibited weapons	3
5A.	Identifying persons purchasing prohibited weapons	4
5B.	Recording sales of prohibited weapons	5

7.	Controlled weapons	5
8.	Body armour	6
9.	New sections 8B to 8F inserted	6

8B.	Exemptions for prohibited weapons and body armour	6
8C.	Approvals for prohibited weapons and body armour	7
8D.	Ministerial guidelines	8
8E.	Offences regarding exemptions and approvals	8
8F.	Chief Commissioner to report on applications for
approval	9

10.	Return of seized weapons or items	9
11.	Consequential amendments	11
12.	Transitional provisions	11
13.	Consequential amendment of Vagrancy Act 1966	12

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NOTES 13

i

Victoria

No. 47 of 2000

Control of Weapons (Amendment) Act

2000†

[Assented to 14 June 2000]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to make miscellaneous amendments to the Control of Weapons Act 1990 and to make a consequential amendment to the Vagrancy Act 1966.

2. Commencement

(1) Subject to sub-section (2), this Act comes into

operation on a day or days to be proclaimed.

Control of Weapons (Amendment) Act 2000

s. 3 Act No. 47/2000

(2) If a provision of this Act does not come into

operation before 1 July 2001, it comes into

operation on that day.

No. 24/1990.	3. Principal Act
Reprint No. 2
as at
20 August	In this Act, the Control of Weapons Act 1990 is
1998.	called the Principal Act.

4. Body armour to be prescribed

In section 3 of the Principal Act, for the definition
of "body armour" substitute—

' "body armour" means a garment or item—

(a)	that is designed, intended or adapted for the purpose of protecting the body from the effects of a weapon, including a
firearm within the meaning of section 3(1) of the Firearms Act 1996; and
(b)	that is prescribed by the regulations to be body armour;'.

5. Definitions

(1) In section 3 of the Principal Act, insert the

following definitions—

' "controlled weapon" means—

(a)	a knife, other than a knife that is a prohibited weapon; or
(b)	an article that is prescribed by the regulations to be a controlled weapon;

"corrections officer" means—

(a) a person referred to in section 12(1) of the Corrections Act 1986; or

Control of Weapons (Amendment) Act 2000

Act No. 47/2000 s. 6

(b) a person authorised by the Secretary under section 9A of the Corrections Act 1986;

"military officer" means a person serving as a

member of the naval, military or air forces of
the Commonwealth;

"police officer" means—

(a) a member of the police force; or

(b) protective services officer within the

a police reservist, police recruit or 1958; or

(c)	an employee in the office of the Chief Commissioner of Police; or
(d)	a member of the police force of the Commonwealth or of another State or a Territory of the Commonwealth;

"prohibited person" has the same meaning as in section 3(1) of the Firearms Act 1996;

"prohibited weapon" means an article that is

prescribed by the regulations to be a

prohibited weapon;'.

(2) In section 3 of the Principal Act, the definitions of

"prescribed weapon" and "regulated weapon" are
repealed.

6.  New section 5 substituted and sections 5A and 5B inserted

For section 5 of the Principal Act substitute—

'5. Prohibited weapons (1) A person must not—

(a) bring into Victoria; or

Control of Weapons (Amendment) Act 2000

s. 6 Act No. 47/2000

(b) cause to be brought into or sent into Victoria; or

(c) manufacture, sell or purchase; or
(d) display or advertise for sale; or

(e) possess, use or carry—

a prohibited weapon without an exemption
under section 8B or an approval under

section 8C.

Penalty:  120 penalty units or imprisonment
for 6 months.

(2) A person must not sell a prohibited weapon

unless the person reasonably believes that
the purchaser of the weapon has an
exemption under section 8B or an approval
under section 8C allowing the purchaser to
possess the weapon.

Penalty:  120 penalty units or imprisonment
for 6 months.

5A. Identifying persons purchasing prohibited

weapons

(1) A person (the "seller") must require a person attempting to purchase a prohibited weapon from the seller (the "purchaser") to produce evidence as to the purchaser's identity—

(a)	by means of a passport, driver licence or other document in one of the prescribed categories, if that document bears a photograph of the purchaser; or
(b)	by means of 2 documents in the prescribed categories but each in a different category.

Penalty: 20 penalty units.
Control of Weapons (Amendment) Act 2000

Act No. 47/2000 s. 7

(2) A person must not sell a prohibited weapon

to a person who is unable to produce the required evidence of identity under sub- section (1).

Penalty: 20 penalty units.

(3) A person must not produce false evidence of

identity under sub-section (1).
Penalty: 60 penalty units.

5B. Recording sales of prohibited weapons (1) A person who sells a prohibited weapon

must keep a record of the sale in accordance
with this section.

Penalty: 20 penalty units.

(2) A record under this section—

(a)	must be in the form, and contain the information, prescribed by the regulations; and
(b)	must be kept for a period of 3 years after the sale to which it relates.

(3) A member of the police force, at any

reasonable time, may require a person to
produce for inspection a record kept under

this section.'.

7. Controlled weapons

(1) In section 6 of the Principal Act—

(a)	in sub-section (1), for "any regulated weapon" substitute "a controlled weapon";
(b)	in sub-section (2), for "regulated weapon" substitute "controlled weapon".

Control of Weapons (Amendment) Act 2000

s. 8 Act No. 47/2000

(2) In section 6 of the Principal Act, after

sub-section (3) insert—

"(4) In considering whether a person has lawful

excuse to possess, carry or use a controlled
weapon, the court must have regard to the
circumstances, such as time and location, of

the incident.".

8. Body armour

In section 8A of the Principal Act—

(a) in sub-section (1), for "this section or the written approval of the Chief Commissioner of Police" substitute "section 8B or an approval under section 8C";

(b) sub-sections (2) to (9) are repealed.

9. New sections 8B to 8F inserted

After section 8A of the Principal Act insert— "8B. Exemptions for prohibited weapons and

body armour

The Governor in Council may, by Order published in the Government Gazette—

(a) exempt from any provision of section 5 or 8A (as the case requires)—

(i)  a class of persons or class of prohibited weapons or body armour; or

(ii)

a corrections officer, military or description of office); and

(b)

specify conditions and limitations to paragraph (a) is subject.

Control of Weapons (Amendment) Act 2000

Act No. 47/2000 s. 9

8C. Approvals for prohibited weapons and body

armour

(1) Subject to sub-section (2), the Chief

Commissioner of Police may grant an approval to a person to do anything that is otherwise prohibited by section 5 or 8A.

(2) The Chief Commissioner cannot grant an approval under this section to—

(a) a prohibited person; or

(b) a corrections officer, military officer or police officer in connection with their official duties.

(3) An application for approval must be—

(a)	in the form approved by the Chief Commissioner; and
(b)	contain the information required by the Chief Commissioner; and

(c) be accompanied by the prescribed fee.

(4) Before granting an approval the Chief Commissioner must have regard to the guidelines issued by the Minister under section 8D.

(5) The Chief Commissioner may—

(a)	grant an approval for a specified period or indefinitely;
(b)	vary or revoke an approval at any time, including an approval granted for a specified period.

(6) An approval—

Control of Weapons (Amendment) Act 2000

s. 9 Act No. 47/2000

(a) must be in writing; and

(b) is subject to—

(i) weapon or body armour is stored
safely and securely and in the
manner (if any) specified by the

a condition that the prohibited approval; and

(ii)

any other conditions or limitations considers appropriate.

(7) The Chief Commissioner may—

(a)	refuse to grant an approval to an applicant who is under the age of 18 years; or
(b)	impose conditions or limitations on an approval granted to an applicant who is under the age of 18 years that the Chief Commissioner would not impose on an applicant of or over that age.

8D. Ministerial guidelines

(1) The Minister may issue guidelines relating to

the granting of approvals under section 8C,
including guidelines prohibiting or
restricting the granting of approvals to
applicants who are under the age of 18 years.

(2) Any guidelines issued by the Minister under

sub-section (1) must be published in the
Government Gazette.

8E. Offences regarding exemptions and

approvals

Control of Weapons (Amendment) Act 2000

Act No. 47/2000 s. 10

(1) A person must not intentionally or recklessly

breach a condition to which an exemption
under section 8B or an approval under
section 8C that applies to the person is
subject.
Penalty: 10 penalty units.

(2) A person must not knowingly make a

statement in an application for approval
under section 8C that is false or misleading
in a material particular.

Penalty: 10 penalty units.

8F. Chief Commissioner to report on

applications for approval

(1) Within 30 days after the end of each

financial year, the Chief Commissioner of Police must make a report to the Minister regarding applications for approval under section 8C in that financial year.

(2) A report under this section must be in the

form, and contain the information, required
by the Minister.".

10. Return of seized weapons or items

(1) In section 9 of the Principal Act—

(a)

in sub-section (1), for "prescribed weapon, weapon, controlled weapon";

(b) in sub-section (2)—

(i)	for "prescribed weapon, regulated weapon" substitute "prohibited weapon, controlled weapon";
(ii)	after "forfeited" insert "under sub- section (1)".

Control of Weapons (Amendment) Act 2000

s. 10 Act No. 47/2000

(2) In section 9 of the Principal Act, for sub-sections

(3) and (4) substitute—
"(3) A prohibited weapon, controlled weapon,

dangerous article or body armour which has
been seized in relation to an offence by a
person under this Act must be returned to
that person in accordance with this section

if—

(a)

proceedings for that offence are not 3 months after the seizure; or

(b) a decision is made within that period not to bring proceedings for that offence.

(4) The member of the police force in charge of

the police station at which the prohibited
weapon, controlled weapon, dangerous
article or body armour is kept must give
notice to the person from whom the
prohibited weapon, controlled weapon,
dangerous article or body armour was seized
of his or her right to have it returned.

(5) If a person who is given notice under sub-

section (4) does not apply within 7 days after
the receipt of the notice for the return of the
prohibited weapon, controlled weapon,
dangerous article or body armour as the case
requires, the prohibited weapon, controlled
weapon, dangerous article or body armour is
forfeited to the Crown and must be sold or
destroyed.

(6) A person who applies under this section for

the return of a prohibited weapon, controlled
weapon, dangerous article or body armour,
must collect it from the police station at
which it is kept.

Control of Weapons (Amendment) Act 2000

Act No. 47/2000 s. 11

(7) If the person who applies for the return of a

prohibited weapon, controlled weapon,
dangerous article or body armour is under
the age of 18 years, the prohibited weapon,
controlled weapon, dangerous article or body
armour must not be returned to him or her
unless he or she is accompanied by a parent
or guardian to collect it.".

11. Consequential amendments

In the Principal Act—

(a) in section 10(1)—

(i)  in paragraph (a), for "prescribed weapon or a regulated weapon" substitute "prohibited weapon or

controlled weapon";

(ii) "prescribed weapon or regulated

in paragraphs (c) and (d), for weapon or controlled weapon";

(b) in section 11(1)(c), for "prescribed weapon" substitute "prohibited weapon".

12. Transitional provisions

(1) In section 13(3)(a) of the Principal Act, for

"section 5" substitute "section 8B".

(2) In section 13 of the Principal Act, after

sub-section (3) insert—

"(4) An exemption under section 5(2) as in force

immediately before the commencement of
section 6 of the Control of Weapons
(Amendment) Act 2000 continues to be in
force after that commencement according to
its tenor as if it were an exemption given
under section 8B.

Control of Weapons (Amendment) Act 2000

s. 13 Act No. 47/2000

(5) An exemption under section 8A(2) as in

force immediately before the commencement
of section 8 of the Control of Weapons
(Amendment) Act 2000 continues to be in
force after that commencement according to
its tenor as if it were an exemption given

under section 8B.

(6) An approval under section 8A as in force

immediately before the commencement of
section 8 of the Control of Weapons
(Amendment) Act 2000 continues to be in
force after that commencement according to
its tenor as if it were an approval given under

section 8C.

(7) Any reference to a prescribed weapon in any

document, including an exemption referred to in sub-section (4), must be construed, so far as it relates to any period after the

commencement of section 5 of the Control of Weapons (Amendment) Act 2000, as a reference to a prohibited weapon.

(8) Any reference to a regulated weapon in any

document must be construed, so far as it
relates to any period after the
commencement of section 5 of the Control
of Weapons (Amendment) Act 2000, as a
reference to a controlled weapon.".

13. Consequential amendment of Vagrancy Act 1966

No. 7393.	In section 8(a)(ii) of the Vagrancy Act 1966, for
Reprint No. 4
as at 14	"prescribed weapon or a regulated weapon"
March 1996.	substitute "prohibited weapon or controlled weapon".

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Control of Weapons (Amendment) Act 2000

Act No. 47/2000 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 4 May 2000

Legislative Council: 30 May 2000

The long title for the Bill for this Act was "to make miscellaneous
amendments to the Control of Weapons Act 1990, to make a
consequential amendment to the Vagrancy Act 1966 and for other
purposes."