Weapons Act 1990 (Qld)

Weapons Act 1990

An Act to consolidate and amend the laws regulating or prohibiting the purchase, possession, use, carrying and sale of certain weapons and articles and to provide for the prevention of the misuse of weapons and for related purposes

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Weapons Act 1990.

1.3   [Repealed]

1.4   [Repealed]

2   Application of Act

(1)This Act does not apply to a person—

(a)who is—

(i)a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon as part of performance of duty as such member; or

(ii)a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon as part of performance of duty as such member; or

(iii)a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon when participating in the activities of the cadet force in which the person is a member; or

Editor’s notes—

1Cadet Forces Regulations 1977 (Cwlth), section 2—

cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets.

member means an officer, instructor or cadet in a cadet force.

2The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth), the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth).

(b)who is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person’s possession or use of a weapon as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or

(c)who is an officer of Customs in the Australian Border Force in relation to the person’s possession or use of a weapon when performing the duties of an officer; or

(d)who is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person’s possession or use of a weapon when performing the duties of an officer; or

(e)who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner—

(i)in respect of the person’s possession or use of a weapon as part of the performance of the person’s functions as a member of the Queensland police service; or

(ii)while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or

(g)who is undergoing an approved training course in respect of the person’s possession or use of a weapon as part of the training course; or

(h)whilst actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or

(i)whilst engaged in scientific or experimental work with any weapon under an authority in that behalf granted by the Minister; or

(k)being a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or

(l)who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of—

(i)a licensed dealer; or

(ii)the armed forces of the Commonwealth; or

(iii)any authority of the Commonwealth or State;

in respect of possession of merchandise consigned thereto or therefrom; or

(m)to whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions.

(2)This Act does not apply to a government service entity or an employee of a government service entity in relation to the entity’s or employee’s acquisition, possession or use of a weapon as part of the performance of—

(a)the functions of the entity or employee; or

(b)if the functions of the entity or employee are prescribed under a regulation—those functions of the entity or employee that are prescribed.

(3)Subsection (2) does not exempt a government service entity or an employee of a government service entity from—

(a)the application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or

(b)the application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4).

(4)The conditions are—

(a)for a government service entity—

(i)the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and

(ii)the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details—

(A)where the weapon is stored;

(B)the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and

(iii)at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and

(iv)the entity issues the weapon to an employee only if it is satisfied—

(A)the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and

(B)the employee holds a firearms licence; and

(C)the employee is properly trained in the use of the weapon; and

(b)for an employee of a government service entity—the employee holds a firearms licence.

(5)An employee mentioned in subsection (4)(a)(iv) may possess any category of weapon in the performance of the employee’s functions even though the employee is not licensed to possess the category of weapon.

(6)The condition mentioned in subsection (4)(a)(iv)(B) does not apply to a prescribed service entity.

(7)The condition mentioned in subsection (4)(b) does not apply to an employee of a prescribed service entity.

(8)The operation of this section is subject to the Domestic and Family Violence Protection Act 2012, section 83.

(9)In this section—

Australian Border Force see the Australian Border Force Act 2015 (Cwlth), section 4(1).

government service entity means—

(a)a department of Government of the State; or

(b)a museum under the control of the Government of the State or the Commonwealth; or

(c)another entity prescribed under a regulation that—

(i)is established under an Act or under State authorisation for a public or State purpose; or

(ii)is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity;

but does not include the Queensland Police Service.

officer of Customs see the Customs Act 1901 (Cwlth), section 4(1).

prescribed service entity means an entity prescribed for the definition government service entity, paragraph (c).

3   Principles and object of Act

(1)The principles underlying this Act are as follows—

(a)weapon possession and use are subordinate to the need to ensure public and individual safety;

(b)public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.

(2)The object of this Act is to prevent the misuse of weapons.

4   How object is to be achieved for firearms

The object of this Act is to be achieved for firearms by—

(a)prohibiting the possession and use of all automatic and self-loading rifles and automatic and self-loading shotguns except in special circumstances; and

(b)establishing an integrated licensing and registration scheme for all firearms; and

(c)requiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and

(d)providing strict requirements that must be satisfied for—

(i)licences authorising possession of firearms; and

(ii)the acquisition and sale of firearms; and

(e)ensuring that firearms are stored and carried in a safe and secure way.

Division 2 Interpretation

5   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

5A   Meaning of class A serious offence

(1)A class A serious offence is—

(a)an offence against any of the following provisions of the Criminal Code—

(i)section 302;

(ii)section 303;

(iii)section 320;

(iv)section 323;

(v)section 409, if—

(A)the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or

(B)at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or

(b)an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a).

(2)An offence against a provision of the Criminal Code mentioned in subsection (1)(a) is a class A serious offence regardless of whether the provision has been amended from time to time or numbered differently.

5B   Meaning of class B serious offence

(1)A class B serious offence is—

(a)an offence against a provision of an Act mentioned in schedule 1AA subject to any circumstance, stated for the offence in the schedule, that applies to the offence; or

(b)an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a).

(2)An offence against a provision of an Act mentioned in schedule 1AA is a class B serious offence regardless of whether the provision has been amended from time to time or numbered differently.

5C   Meaning of class C serious offence

(1)A class C serious offence is an offence under a law of Queensland or another jurisdiction that—

(a)relates to the misuse of drugs; or

(b)involves the use or threatened use of violence; or

(c)involves the carriage, discharge, possession or use of a weapon.

(2)However, an offence is not a class C serious offence if it is a class A serious offence or a class B serious offence.

5D   Meaning of disqualified person

(1)A disqualified person is a person who—

(a)is a reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004; or

(b)is or has been subject to a firearm prohibition order made under section 141H; or

(c)is or has been subject to an order made under a law of another jurisdiction that corresponds to a firearm prohibition order; or

(d)is or has been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003; or

(e)has been convicted of a serious violent offence under the Penalties and Sentences Act 1992, section 161A.

(2)However—

(a)a person who is or has been subject to an order mentioned in subsection (1)(b) or (c) is not a disqualified person if, when the order was made, the person was a child; and

(b)a person who has been subject to an order mentioned in subsection (1)(b), (c) or (d) is not a disqualified person if the decision to make the order was revoked or set aside on review or appeal.

6   Meaning of heirloom firearm

An heirloom firearm is a firearm, other than a category R weapon, ownership of which has passed to a person by testamentary disposition or the laws of succession.

6A   What is a replica

(1)A replica of a weapon is—

(a)a reasonable facsimile or copy of a weapon, even if it is not capable of discharging a projectile or substance; or

(b)a category A, B or C weapon that has been rendered permanently inoperable; or

(c)a hand grenade that is inert.

(2)A replica—

(a)of a particular weapon—means a reasonable facsimile or copy of the weapon, even if it is not capable of discharging a projectile or substance; or

(b)of a spear gun, longbow or crossbow—means a reasonable facsimile or copy of a spear gun, longbow or crossbow even if it is not capable of discharging a projectile; or

(c)of a thing prescribed under a regulation—means anything prescribed under a regulation to be a replica of the thing.

6B   Meaning of security guard

(1)A security guard is a person who patrols, protects, watches over or guards (protects) the person’s property or other persons or other person’s property—

(a)in the course of carrying on a business; or

(b)in the course of employment.

Example—

A jeweller transporting jewellery in the course of carrying on a business who does not engage someone else to guard the jewellery while it is being transported is a ‘security guard’.

Note—

Section 123 provides that a person must not, in performing duties as a security guard, physically possess a weapon unless the person holds a security licence (guard).

(2)However, the following persons are not security guards—

(a)a person who protects property if the protection is carried out in the course of primary production;

(b)a person, other than a security organisation, who engages someone else to protect property for the person.

6C   Meaning of public monument

(1)A public monument is a thing that is—

(a)mentioned in the Weapons Categories Regulation 1997, section 8(1)(a), (c), (i) or (j); and

(b)permanently incapable of being discharged; and

(c)permanently and lawfully displayed in a public place for memorial or commemorative purposes.

Examples—

•permanently deactivated WWI artillery permanently displayed in the foyer or grounds, open to the public, of an RSL club

•a permanently deactivated Bofors anti-aircraft gun mounted on a concrete platform in a public park

(2)For subsection (1)(c), a thing is permanently displayed only if the thing is displayed in a way that prevents its removal by an unauthorised person.

(3)In this section—

public place includes a place that can be seen from a public place.

7   How a firearm is made permanently inoperable

(1)A firearm is made permanently inoperable if the firearm is modified in the way prescribed under a regulation to make it incapable of being discharged.

(2)However, a firearm is not taken to be permanently inoperable unless a licensed armourer or a person approved by the commissioner for this subsection certifies, in the approved form, the firearm as being incapable of being discharged.

(3)The commissioner may approve a person for subsection (2) only if the commissioner is satisfied the person has the necessary expertise or experience to certify that a firearm is incapable of being discharged.

8   How a firearm is made temporarily inoperable

A firearm is made temporarily inoperable—

(a)for a firearm designed to allow its bolt, breech block, firing pin or other integral part of the firing mechanism to be removed—if the part is removed and securely stored separately from the firearm; and

(b)for another firearm—if the firearm’s trigger is secured by a trigger lock and the lock’s key is securely stored separately from the firearm.

8A   Notes in text

A note in the text of this Act is part of the Act.

Part 2    Licences

9   Issue, renewal, endorsement and alteration of licences

A licence may be issued, renewed, endorsed or altered only by an authorised officer.

10   Limitations on issue of licence

(1)A licence may be issued only to—

(a)an individual under subsection (2); or

(b)a body under subsection (3).

(2)A licence may be issued to an individual only if the person—

(a)is—

(i)for a licence other than a minor’s licence—an adult; or

(ii)for a minor’s licence—at least 11 years and otherwise within the age group prescribed under a regulation for the licence; and

(b)has, under section 10A, an adequate knowledge of safety practices for the use, storage and maintenance of the weapon or category of weapon the possession of which is to be authorised by the licence; and

(c)has access to secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and

(d)is not prevented under this or another Act or by an order of a Magistrates Court or another court from holding the licence; and

(e)is a fit and proper person to hold a licence; and

Note—

See also sections 10B and 10C.

(f)has a reason mentioned in section 11 to possess the weapon or category of weapon; and

(g)resides only in Queensland.

(2A)Subsection (2)(g) does not apply to a person who—

(a)for a person who resides in a State adjoining Queensland—

(i)satisfies the authorised officer that the person has a genuine reason for possessing a weapon for which a licence is required under this Act; and

(ii)is not disqualified from obtaining a similar licence in the adjoining State; or

(b)for a person who resides in a State other than an adjoining State but whose main place of residence is Queensland—is not disqualified from obtaining a similar licence in the other State.

(2B)Also, subsection (2)(g) does not apply to a person who—

(a)resides outside Queensland and intends visiting Queensland to engage in an activity that is a reason for possession of a weapon under section 11; and

(b)is entitled by law (whether or not under a licence) to possess and use a firearm or type of firearm in the State or country where the person usually resides; and

(c)applies for a licence prescribed under section 12(k) for visitors to Queensland.

(3)A licence may be issued to a body, whether incorporated or unincorporated, only if—

(a)for a licence to be issued to an approved shooting club—

(i)it is endorsed with the name of an individual, who is a member of the club’s governing body and satisfies the requirements of subsection (2)(a) to (e), as the club’s representative in the conduct of its business or affairs; and

(ii)it is endorsed with the names and addresses of the individuals who are responsible for the safekeeping of the weapons or category of weapons possession of which is to be authorised by the licence when not in use by members of that club; or

(b)for a licence to be issued to another body, only if—

(i)the body has a reason mentioned in section 11 to possess a weapon; and

(ii)it is endorsed with the name of an individual, who satisfies the requirements of subsection (2)(a) to (e), as the body’s representative in the conduct of its business or affairs.

(4)A licence enabling the licensee to carry on a business may be issued only if it is endorsed with the place at which the business is to be carried on.

(5)If the business is to be carried on at more than 1 place, a separate application for each place must be made and a separate licence for each place issued.

(6)In this section—

similar licence, for a weapon in an adjoining or other State, means a licence, permit or authority issued under the law of the other State entitling the person to possession of the weapon.

10A   Adequate knowledge of weapon

(1)For section 10(2)(b), a person has an adequate knowledge of safety practices for the use, storage and maintenance of a weapon, or category of weapon, the possession of which is to be authorised by a licence (the new licence) if the person complies with subsection (2), (3) or (4).

(2)The person complies with this subsection if the person satisfies the commissioner that the person has completed, within 1 year before the day the person applies for the issue of the new licence—

(a)if the new licence is a security licence (guard)—

(i)an approved safety training course (security guard); or

(ii)a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (security guard); or

(b)if the new licence is not a security licence (guard)—

(i)an approved safety training course (general); or

(ii)a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (general).

(3)The person complies with this subsection if—

(a)within 1 year immediately before the day the person made the application for the new licence, the person was a licensee; and

(b)the licence (the previous licence) held by the person as a licensee was no longer in force when the person made the application for the new licence; and

(c)it was not a reason for the previous licence being no longer in force that the licence had been suspended or revoked under this Act; and

(d)the previous licence was a licence of 1 of the following classes—

(i)collector’s licence (heirloom) or (weapons);

(ii)concealable firearms licence;

(iii)firearms licence;

(iv)minor’s licence.

(4)The person complies with this subsection if the person is the holder of a current licence, equivalent to the new licence, issued under the law of another State or country.

10AA   Approval of training courses

(1)The commissioner may approve a course as a safety training course (general) if the commissioner is satisfied the course—

(a)is about the safe use, storage and maintenance of a weapon that is authorised to be possessed under a licence other than a security licence (guard); and

(b)complies with the requirements prescribed under a regulation.

(2)The commissioner may approve a course as a safety training course (security guard) if the commissioner is satisfied the course—

(a)is about the safe use, storage and maintenance of either or both of the following—

(i)a weapon that is authorised to be possessed under a security licence (guard);

(ii)a restricted item; and

(b)complies with the requirements prescribed under a regulation.

(3)The commissioner must notify the approval of a course under subsection (1) or (2) on the QPS website.

(4)Failure to comply with subsection (3) does not affect the validity of the approval.

10B   Fit and proper person—licensees

(1)In deciding or considering, for the issue, renewal, suspension or revocation of a licence, whether a person is, or is no longer, a fit and proper person to hold a licence, an authorised officer must consider, among other things—

(a)the mental and physical fitness of the person; and

(b)whether a domestic violence order has been made, police protection notice issued or release conditions imposed against the person; and

(c)whether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and

(ca)whether there is any criminal intelligence or other information to which the authorised officer has access that indicates—

(i)the person is a risk to public safety; or

(ii)that authorising the person to possess a weapon would be contrary to the public interest; and

(d)the public interest.

(2)Subsections (3) to (5) apply in relation to the issue, renewal or revocation of a licence.

(3)A person is not a fit and proper person to hold or continue to hold the licence if the person—

(a)is a disqualified person; or

(b)is prevented by an order of a court, other than a temporary protection order, from holding or obtaining a licence or possessing a weapon.

(4)A person is not a fit and proper person to hold or continue to hold the licence if, within 10 years before the relevant day, the person—

(a)has been convicted of a class A serious offence or a class B serious offence; or

(b)has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or

(c)has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.

(5)A person is not a fit and proper person to hold or continue to hold the licence if, within 5 years before the relevant day—

(a)the person—

(i)has been convicted of a class C serious offence; or

(ii)has been released from lawful custody in relation to a conviction for a class C serious offence; or

(iii)has been subject to a supervision order in relation to a conviction for a class C serious offence; or

(b)a domestic violence order, other than a temporary protection order, has been made against the person.

(6)Also, for the issue, renewal, suspension or revocation of a dealer’s licence, a person is not, or is no longer, a fit and proper person to hold or continue to hold the licence unless each associate of the person is a fit and proper person to be an associate of a licensed dealer under section 10C.

(7)For subsections (4) and (5), the conviction—

(a)must be a recorded conviction; and

(b)may be a spent conviction.

(8)In this section—

court means—

(a)the Magistrates Court or another Queensland court; or

(b)a court of another jurisdiction.

relevant day means—

(a)in relation to the issue or renewal of a licence—the day the application for the issue or renewal of the licence is made; or

(b)in relation to the revocation of a licence—the day the licensee is given a revocation notice under section 29 for the revocation.

10C   Fit and proper person—licensed dealer’s associate

(1)In deciding or considering, for the issue, renewal, suspension or revocation of a dealer’s licence, whether an associate of an applicant for a dealer’s licence or a licensed dealer is, or is no longer, a fit and proper person to be an associate of a licensed dealer, an authorised officer may consider any criminal intelligence or other information to which the authorised officer has access that indicates—

(a)the associate is a risk to public safety; or

(b)any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest.

(2)A person is not a fit and proper person to be an associate of a licensed dealer if—

(a)the person is a disqualified person; or

(b)within 10 years before the relevant day, the person—

(i)has been convicted of a class A serious offence or a class B serious offence; or

(ii)has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or

(iii)has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.

(3)Also, a person is not a fit and proper person to be an associate of a licensed dealer if an authorised officer is satisfied that any relationship involving weapons between the person and the applicant or licensed dealer would be contrary to the public interest because—

(a)within 5 years before the relevant day, the person—

(i)has been convicted of a class C serious offence; or

(ii)has been released from lawful custody in relation to a conviction for a class C serious offence; or

(iii)has been subject to a supervision order in relation to a conviction for a class C serious offence; or

(b)a domestic violence order, other than a temporary protection order, has been made against the person.

(4)For subsections (2) and (3)(a), the conviction—

(a)must be a recorded conviction; and

(b)may be a spent conviction.

(5)In this section—

relevant day means—

(a)in relation to the issue or renewal of a dealer’s licence—the day an application for the issue or renewal of the licence is made; or

(b)in relation to the suspension of a dealer’s licence—the day the licensee is given a suspension notice under section 28 for the suspension; or

(c)in relation to the revocation of a dealer’s licence—the day the licensee is given a revocation notice under section 29 for the revocation.

11   Genuine reasons for possession of a weapon

The following are reasons for possession of a weapon—

(a)sports or target shooting;

(b)recreational shooting;

(c)an occupational requirement, including an occupational requirement for rural purposes;

(d)the collection, preservation or study of weapons;

(e)another reason prescribed under a regulation.

12   Licences

Licences are of the following classes—

(a)armourer’s licence;

(b)blank-fire firearms licence;

(c)collector’s licence (heirloom) or (weapons);

(d)concealable firearms licence;

(e)dealer’s licence;

(f)firearms licence;

(g)firearms licence (instructor);

(h)minor’s licence;

(i)security licence (organisation) or (guard);

(j)theatrical ordnance supplier’s licence;

(k)another licence prescribed under a regulation.

13   Application for licence

(1)An application for a licence must be—

(a)made in the approved form and state the applicant’s reason for wishing to possess a weapon (the reason); and

(b)made personally, in the way prescribed under a regulation, by—

(i)if the licence is for an individual—the person; or

(ii)if the licence is for a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and

(c)accompanied by—

(i)the fee prescribed under a regulation; and

(ii)proof of identity to the satisfaction of an authorised officer; and

(iii)other particulars prescribed under a regulation; and

(iv)the other relevant particulars the person to whom the application is made reasonably requires.

(2)If the reason is sports or target shooting, the applicant must provide proof the applicant is a current member of an approved shooting club.

(3)If the reason is recreational shooting, the applicant must produce—

(a)written permission from a landowner authorising the applicant to shoot on the landowner’s rural land; or

(b)proof of current membership of a body prescribed under a regulation for this subsection.

(4)A body may be prescribed for subsection (3)(b) only if—

(a)it is a landowner of rural land; or

(b)it holds written permission from a landowner authorising members of the body to shoot on the landowner’s rural land.

(5)If the reason is an occupational requirement, the applicant must state why possession of a weapon is necessary in the conduct of the applicant’s business or employment.

14   Inquiries into application

(1)Before the application is decided, an officer in charge of police or authorised officer with whom an application for a licence is lodged may—

(a)make an inquiry or investigation about the applicant or the application; and

(b)require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including—

(i)in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and

(ii)in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and

(c)inspect the secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and

(d)supply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and

(e)require the applicant to display an adequate knowledge of the safety practices for the use, storage and maintenance of the weapon or category of weapons the possession of which is to be authorised under the licence; and

(f)make a report about the applicant or the application; and

(g)make the recommendation about the application the officer thinks appropriate.

(2)If an authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity.

(3)The applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant—

(a)refuses to provide the information reasonably required under subsection (1)(b); or

(b)refuses to allow the inspection under subsection (1)(c); or

(c)fails to comply with a requirement under subsection (2).

(4)If information about the applicant’s mental health given under subsection (1)(b) is provided in a doctor’s or psychologist’s report, an authorised officer may—

(a)make information in the officer’s possession available to the doctor or psychologist; and

(b)ask the doctor or psychologist to provide a further report.

(5)The authorised officer may make the information available only if the officer considers, on reasonable grounds—

(a)the doctor or psychologist was not aware of the information; and

(b)the information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health.

(6)The authorised officer must also advise the applicant of the information being supplied to the doctor or psychologist.

(7)The authorised officer may make the information available under subsection (4) despite the provisions of any other Act.

(8)Unless the authorised officer considers that it is currently required for the investigation of an offence, the authorised officer must, after deciding the application—

(a)return to the applicant any identifying particular obtained in the course of inquiries into the application; and

(b)destroy any record or copy of the identifying particular.

(9)Information required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose.

(10)In this section—

applicant includes, for a body, an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs.

15   Authorised officer decides application

(1)An authorised officer must decide an application for a licence (other than renewal of a licence) as soon as practicable after the end of the period prescribed for this section under a regulation.

(2)However, the authorised officer may decide the application within the prescribed period if the applicant is the holder of an existing licence of another class.

(3)In deciding the application, the authorised officer may consider anything at the officer’s disposal.

Note—

Additional requirements are prescribed for particular applications under section 18A, 18B or 18C.

(4)The authorised officer must—

(a)approve the application and issue the licence subject to any conditions the authorised officer may decide, including, but not limited to—

(i)conditions limiting the use or possession of a weapon; or

(ii)conditions prescribed under a regulation and applying to the weapon; or

(iii)for a licence authorising possession of a category M crossbow—conditions requiring the licensee within 7 days to permanently mark on the crossbow an identifying serial number fixed by the authorised officer for the crossbow; or

(iv)any other conditions the authorised officer considers appropriate in the particular circumstances; or

(b)reject the application.

(5)However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis.

(6)A person whose application is rejected because the person is not a fit and proper person to hold a licence is not entitled to reapply for a licence—

(a)if the person’s application was rejected because the person was not a fit and proper person under section 10B(3), (4) or (5)—until the day the section stops having the effect that the person is not a fit and proper person under that subsection; or

(b)otherwise—until the day 3 years after the day the application was rejected.

16   Issue of licence

(1)A licence must be—

(a)in the approved form; and

(b)endorsed with—

(i)the weapon or category of weapon the possession of which is authorised by the licence; and

(ii)any conditions decided by an authorised officer; and

(iii)if the licence is an armourer’s, collector’s or dealer’s licence or a security licence (organisation)—the place approved for the secure storage of the weapon or category of weapon possession of which is authorised by the licence.

(2)A condition or any other information to be endorsed on a licence may be endorsed on the licence or a certificate issued for the licence.

(3)The condition or information may be endorsed on the licence or certificate by a word that is given a meaning by a code prescribed under a regulation.

(4)A regulation may prescribe things that must be provided for on the approved form of licence.

17   [Repealed]

18   Renewal of licences

(1)A licensee may apply for the renewal of the licensee’s licence.

(1A)The licensee must make the application for renewal of the licence on or before the day the licence expires.

(2)An application for renewal of a licence must be—

(a)made in the approved form; and

(b)made personally, in the way prescribed under a regulation, by—

(i)for a licence issued to an individual—the licensee; or

(ii)for a licence issued to a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and

(c)accompanied by the fee prescribed under a regulation.

(3)If an officer in charge of police receives the application, the officer must refer the application to an authorised officer.

(4)An authorised officer must ensure the application is decided—

(a)as soon as practicable after the application is made; and

(b)if the application is not decided on or before the day the licence expires—within 42 days after the day the licence expires.

(5)In deciding the application, the authorised officer may consider anything at the officer’s disposal.

(6)The authorised officer must—

(a)approve the application and renew the licence subject to any conditions the authorised officer may decide; or

(b)reject the application.

(7)However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis.

(8)A licence may be renewed by—

(a)endorsing the existing licence; or

(b)cancelling the licence and issuing a fresh licence endorsed with any condition decided by an authorised officer or other information.

(9)Section 10(1), (2)(a), (2)(c) to (g) and (2A) to (3) applies to the renewal of a licence.

(10)For applying the provisions mentioned in subsection (9) to the renewal of a licence, a reference to the issue of the licence is taken to be a reference to the renewal of the licence.

18AA   Alternative provision for renewal application if licensee is an individual

(1)This section applies if a licensee is an individual.

(2)However, this section applies to a licensee only if, when the licensee is required to apply for the renewal of a licence, the licensee—

(a)is temporarily absent from Australia for a genuine occupational reason; or

(b)is temporarily a patient in a hospital.

(3)Also, this section applies despite section 18(2)(b)(i).

(4)If the licensee authorises an attorney under a power of attorney to make the application for the licensee, the attorney may make the application for renewal of the licensee’s licence for the licensee.

(5)However, the attorney may make the application—

(a)only on a single occasion; and

(b)only if the attorney gives the authorised officer a statutory declaration stating that the attorney is not entitled to any fee or other benefit for making the application.

(6)The attorney must make the application by—

(a)personally giving to a police officer at a police station or police establishment a renewal application completed and signed by the licensee; and

(b)producing to the police officer the information mentioned in section 18AB (required information).

18AB   What is required information for s 18AA

(1)The required information for section 18AA is as follows—

(a)photographic evidence of the attorney’s identity;

(b)the original of the instrument conferring the power of attorney, or a copy of the instrument certified by a justice of the peace, commissioner for declarations, lawyer or notary public as a true copy of the instrument;

(c)a statutory declaration complying with subsection (2), (3) or (4), as appropriate.

(2)If the attorney makes the application because the licensee is temporarily absent from Australia for a genuine occupational reason, the statutory declaration must be signed by the licensee and state the following—

(a)the licensee is temporarily absent from Australia for a genuine occupational reason;

(b)the genuine occupational reason for the licensee’s absence;

(c)how long the licensee will be absent.

(3)If the attorney makes the application because the licensee is temporarily a patient in a hospital, the statutory declaration must be signed by the licensee and state the following—

(a)the licensee is temporarily a patient in a stated hospital because of a genuine medical condition;

(b)the nature of the medical condition;

(c)when the licensee became a patient in the hospital.

(4)If the attorney makes the application because the licensee is temporarily a patient in a hospital and the licensee is unable to make the declaration because of a genuine medical reason, the statutory declaration must be signed by the attorney and state the following—

(a)the licensee is temporarily a patient in a stated hospital because of a genuine medical condition;

(b)the nature of the medical condition;

(c)when the licensee became a patient in the hospital;

(d)the licensee is unable to make the application.

18A   Additional application requirements for collector’s licence (weapons) for category H weapon

(1)If the application is for a collector’s licence (weapons) or the renewal of a collector’s licence (weapons) and the licensee intends to possess a temporarily inoperable category H weapon, the application must include a current declaration signed by an approved historical society’s representative stating—

(a)the applicant holds current membership with the approved historical society; and

(b)the representative is satisfied that the applicant is a genuine collector of weapons.

(2)Subsection (1) does not apply if the applicant is an approved historical society.

(3)A declaration mentioned in subsection (1) is current for 28 days after the day it is signed by the representative.

18B   Additional application requirements for concealable firearms licence

(1)If the application is for a concealable firearms licence and the applicant’s reason for possession of a weapon under that licence is sports or target shooting, the application must include a current declaration by the representative of an approved pistol club stating that—

(a)the applicant holds current membership with the pistol club; and

(b)the applicant has been a member of the pistol club for the 6 month period immediately before the declaration is made; and

(c)the applicant has participated in at least 3 handgun shooting competitions during that 6 month period.

(2)Subsection (3) applies if an applicant for a concealable firearms licence—

(a)holds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; or

(b)was, within the period prescribed under a regulation for this section, a resident of another country and at the time of the application resides only in Queensland.

(3)The declaration included in the application need not address the matters mentioned in subsection (1)(b) or (c) if the application is accompanied by evidence—

(a)for subsection (2)(a), that the applicant—

(i)has been a member of a shooting club in the other State for the 6 month period immediately before the declaration is made; and

(ii)holds a licence or other authority under a law of the other State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; and

(iii)has held the authority mentioned in subparagraph (ii) for at least 12 months; and

(iv)has, in the other State, participated in not less than the number of handgun shooting competitions necessary to comply with the law of the other State; or

(b)for subsection (2)(b), that the applicant—

(i)was permitted or authorised under the law of the other country to possess a category H weapon for sports or target shooting; and

(ii)has, within the 2 year period immediately before the declaration is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon.

Examples of internationally recognised shooting competitions—

•shooting competitions in the Olympic Games

•shooting competitions in the Commonwealth Games

•metallic silhouette world championship

(4)If the application is for the renewal of a concealable firearms licence and the applicant’s reason for possession of a weapon is sports or target shooting, the application must include—

(a)a current declaration by the representative of an approved shooting club stating that the applicant holds current membership with the shooting club; and

(b)a copy of the applicant’s participation record for the period of the applicant’s current licence.

(5)A declaration under this section is current for 28 days after the day it is signed by the representative.

18C   Additional application requirements for dealer’s licence

If the application is for a dealer’s licence or the renewal of a dealer’s licence, the approved form must require the applicant to disclose—

(a)the full name, occupation and residential address of each person who is an associate of the applicant for the dealer’s licence or the licensed dealer; and

(b)details of the relevant interest, relevant power or relevant position each associate holds or will hold or may be entitled to exercise.

18D   Delegation by representative

(1)A representative of a body or club may delegate the representative’s power to make a declaration under section 18A or 18B to an appropriate person.

(2)An authorised officer may, by written notice given to the body or club, revoke the delegation if the authorised officer reasonably suspects the person to whom power is delegated under subsection (1) is not, or is no longer, an appropriate person.

(3)The revocation of a delegation under subsection (2) does not affect the validity of a licence issued or renewed before the delegation was revoked.

(4)In this section—

appropriate person, to whom a power may be delegated by a representative of a body or club, means a person who is a member of the governing body of the body or club.

19   Notice of rejection of application to issue or renew licence

(1)If an authorised officer rejects an application for a licence or renewal of a licence, the authorised officer must give the applicant a notice of rejection in the approved form stating the specific reasons for the rejection.

(2)If a reason an authorised officer rejects an application is criminal intelligence or other information that is not publicly available, it is enough that the notice under subsection (1) states the specific reason for rejection as ‘confidential information’.

(3)The notice may be given to the applicant by sending it to the applicant by security post at the address shown on the application.

20   Term of licence

(1)A licence, other than a replacement licence, remains in force for the term stated on the licence which must not be more than—

(a)if the licence is for a category A or B weapon—10 years; or

(b)if the licence is for a weapon other than a category A or B weapon—5 years.

(2)Despite subsection (1) but subject to any direction by the commissioner, an authorised officer may, by written notice given to a licensee, extend the term the licensee’s licence remains in force to a day that coincides with the licensee’s next birthday.

(3)No fee is payable for the extension of a term under subsection (2).

(4)A replacement licence remains in force for the unexpired term of the licence which it replaces.

(5)An existing licence stops being in force if a replacement licence is issued instead of the licence.

(6)Also, a licence, including a replacement licence, stops being in force if—

(a)it is suspended, cancelled, revoked or surrendered; or

(b)the licensee dies or is disqualified from holding the licence; or

(c)for a minor’s licence—the licensee turns 18.

20A   Continuation of licence until renewal application dealt with

(1)This section applies if—

(a)a licensee applies under section 18 for the renewal of a licence; and

(b)the application is not decided on or before the day the licence expires.

(2)The licence, as in force immediately before its expiry, continues in force, as if it had not expired, until the first of the following happens—

(a)the authorised officer deciding the application approves the application and renews the licence;

(b)the authorised officer deciding the application rejects the application and gives the applicant the notice of rejection under section 19(1);

(c)42 days elapse after the licence’s expiry.

21   Certain licences transferable

(1)A licence is transferable only in the circumstances mentioned in this section.

(2)The following licences may be transferred on a sale of a business—

•armourer’s licence

•dealer’s licence

•security licence (organisation)

•theatrical ordnance supplier’s licence.

(3)The proposed purchaser of the business must apply for the appropriate licence under section 13.

(4)If an authorised officer is satisfied the proposed purchaser is otherwise entitled to be issued with the licence, the authorised officer may approve the transfer of the licence subject to the sale of a business being finalised.

(5)If an authorised officer approves the transfer, the purchaser is taken to be the holder of the licence from the time the sale is finalised until the licence is formally transferred or a fresh licence is issued in the purchaser’s name for the balance of the original licence’s term.

22   Reporting loss, destruction or theft of licence

A licensee must report the loss, destruction or theft of the licence to an officer in charge of police immediately after the licensee becomes aware of the loss, destruction or theft.

Maximum penalty—10 penalty units.

23   Replacement licence

(1)This section applies if an authorised officer is satisfied—

(a)a licence is lost, destroyed or stolen; or

(b)any writing or endorsement on a licence is illegible and the licence is surrendered to an officer in charge of police.

(2)The authorised officer may issue to the licensee a licence (the replacement licence) instead of the existing licence on—

(a)application by the licensee in the approved form; and

(b)payment of the fee prescribed under a regulation.

24   Change in licensee’s circumstances

(1)It is a condition of each licence that a licensee must, within 14 days of the happening of an event mentioned in subsection (2) (the change), advise an officer in charge of police of the change and the particulars of the change the officer reasonably requires.

(2)The events are—

(a)any of the following events—

(i)a change of address for the licensee or the licensee’s representative;

(ii)a change in the mental or physical fitness of the licensee or the licensee’s representative;

(iii)the licensee or the licensee’s representative is charged with, or convicted of, a serious offence;

(iv)a domestic violence order is made against the licensee or the licensee’s representative;

(v)the licensee or the licensee’s representative becomes a disqualified person; or

(b)a change in the licensee’s—

(i)reason or need for possessing or using a weapon; or

(ii)access to secure storage facilities for the licensee’s weapon; or

(c)a change in the licensee’s name or the licensee’s representative’s name; or

(d)a change in the place entered in the firearms register as the place where a firearm is generally kept if the licensee is the registered owner of the firearm; or

(e)if the licensee is a licensed dealer, a change in the licensee’s associates; or

(f)the revocation of the licensee’s permission to shoot on a landowner’s rural land; or

(g)another event prescribed under a regulation.

(2A)Subject to subsection (3), the advice must be given in a way prescribed by regulation.

(3)If advice of a change in the licensee’s associates is given under subsection (2)(e), the advice must be given in the approved form and include—

(a)the full name, occupation and residential address of each of the licensee’s associates; and

(b)details of the associate’s relevant financial interest, relevant power or relevant position in the licensee’s business.

(4)The officer in charge must advise an authorised officer of the change.

(5)The authorised officer must—

(a)if the change is to a particular on the licence and the authorised officer is satisfied of the correctness of the change—endorse the licence with the change; or

(b)otherwise—take the appropriate action in relation to the licence.

(6)In this section—

representative of a licensee means a person who is endorsed—

(a)on the licensee’s licence as the licensee’s representative; or

(b)on a permit to acquire issued to the licensee as the licensee’s representative.

25   Authorised officer may amend licence conditions

(1)An authorised officer may amend the conditions of a licence—

(a)on the licensee’s application; or

(b)on the authorised officer’s own initiative.

(2)Before making an amendment under subsection (1)(b), the authorised officer must—

(a)give written notice to the licensee—

(i)of the details of the proposed amendment; and

(ii)that the licensee may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the licensee; and

(b)have regard to submissions made to the authorised officer by the licensee before the stated day.

(3)If an authorised officer decides to amend the conditions of a licence, the authorised officer must give written notice of the amendment to the licensee.

(4)The amendment takes effect—

(a)on the day the written notice of the amendment is given to the licensee; or

(b)if a later day is stated in the notice—on the stated day.

(5)An authorised officer may refuse to make an amendment under subsection (1)(a) by written notice given to the licensee stating the reasons for the refusal.

(6)In this section—

conditions of a licence means conditions decided by an authorised officer under section 15(4)(a).

25A   Authorised officer may require information about licensed dealer’s associates

(1)An authorised officer may, by written notice, require a licensed dealer to give a declaration to the authorised officer in the approved form—

(a)if the dealer did not previously have an associate and now has an associate or the dealer’s associates have changed, advising the name and address of each associate of the dealer and details of the associate’s relevant financial interest, relevant power or relevant position in the dealer’s business; or

(b)if paragraph (a) does not apply, advising the associates of the dealer have not changed since the dealer—

(i)most recently applied for the dealer’s licence or renewal of the licence; or

(ii)advised an officer, and delivered the licence to the officer, as required under section 24(1); or

(iii)gave a declaration under this section to the authorised officer.

(2)The licensed dealer must give the declaration as required under subsection (1) within 7 days after the written notice is given to the dealer, unless the dealer has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)A licensed dealer who is required to give a declaration to an authorised officer under subsection (1) and gives a declaration under the subsection with information about—

(a)the dealer’s associates; or

(b)details of the dealer’s associates; or

(c)a change in the dealer’s associates;

can not be prosecuted for a failure to disclose that information before the authorised officer made that requirement.

(4)It is not a reasonable excuse for subsection (2) that giving the declaration as mentioned in the subsection may incriminate the person for an offence for which the person can not be prosecuted under subsection (3).

26   Change of approved place

(1)This section applies to an approved place endorsed on a licence under section 16(1)(b)(iii).

(2)On application by the licensee, an authorised officer may change the approved place to another place if the authorised officer is satisfied the other place fulfils the requirements of this Act.

(3)The authorised officer may endorse the licence with the change.

27   Surrender of licence

(1)A licensee may surrender the licence by—

(a)giving written notice of surrender; and

(b)surrendering the licence.

(2)The notice must be given and the licence surrendered to an authorised officer or officer in charge of police.

27A   Effect of temporary protection order, police protection notice or release conditions on licence

(1)If a person is a licensee and is named as the respondent in a temporary protection order, police protection notice or release conditions, the licence is suspended while the order, notice or conditions are in force.

(2)If a person is a body’s representative and is named as the respondent in a temporary protection order, police protection notice or release conditions—

(a)any authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective while the order, notice or conditions are in force; and

(b)the body’s licence is suspended 7 days after the licensee is given the order, notice or conditions unless, in that period, another individual is endorsed on the licence as the body’s representative in substitution for the respondent.

(3)Subsections (1) and (2)(a) take effect—

(a)if the respondent is present in court when the temporary protection order is made—from the time of the order; or

(b)otherwise—when the respondent is given the order, notice or conditions.

(4)A suspension under subsection (2)(b) ends on the earlier of the following—

(a)when another individual is endorsed on the licence as the body’s representative in substitution for the respondent;

(b)the order, notice or conditions are no longer in force.

(5)Subsections (1) and (2)(a) stop having effect when the order, notice or conditions are no longer in force.

(6)If the licensee of a licence suspended under subsection (1) or (2)(b) holds a permit to acquire, the permit is also suspended while the licence is suspended.

(7)Despite a suspension under this section, an authorised officer may suspend the licence under section 28.

27B   Notice of intention to revoke because dealer’s associate is not fit and proper

(1)This section applies if an authorised officer is satisfied that an associate of a licensed dealer is not a fit and proper person to be an associate of a licensed dealer.

Note—

See also sections 10B and 10C.

(2)Before revoking the licensed dealer’s licence, the authorised officer must give the dealer a notice stating that the authorised officer—

(a)is satisfied that a named associate of the dealer is not a fit and proper person to be an associate of a licensed dealer; and

(b)intends to give the dealer a revocation notice under section 29 unless the dealer discontinues the dealer’s association with the associate within a stated reasonable time.

(3)In deciding what is a reasonable time, regard is to be had to the following—

(a)the extent of the associate’s relevant financial interest in the dealer’s business;

(b)any relevant power the associate may exercise in the dealer’s business;

(c)any relevant position the associate holds in the dealer’s business;

(d)the public interest.

28   Suspension of licence by giving suspension notice

(1)An authorised officer may, by a suspension notice given to a licensee, suspend the licence if the authorised officer—

(a)is satisfied that the licensee—

(i)has been charged with a serious offence; or

(ii)is temporarily unable to comply with a condition of the licence; or

(b)considers, on reasonable grounds, that the licensee may no longer be a fit and proper person to hold a licence.

Note—

See also sections 10B and 10C.

(2)The licence is suspended until—

(a)if subsection (1)(a)(i) applies—

(i)the proceeding for the charge ends; or

(ii)the suspension is lifted by an authorised officer; or

(b)if subsection (1)(a)(ii) applies—the authorised officer is satisfied the licensee is able to comply with the condition and lifts the suspension; or

(c)if subsection (1)(b) applies—the earlier of the following days—

(i)the day the authorised officer is satisfied the person is a fit and proper person to hold a licence and lifts the suspension;

(ii)the day 90 days after the licence is suspended.

(3)If a licensee whose licence is suspended under this section holds a permit to acquire, the permit is also suspended.

(4)However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may suspend the licence because the licensee is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves the licence be suspended on that basis.

28A   Revocation or suspension of licence and related matters after protection order is made

(1)If a person is a licensee and is named as the respondent in a protection order, the licence is revoked.

(2)If a person is a body’s representative and is named as the respondent in a protection order—

(a)any authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective; and

(b)the body’s licence is suspended 7 days after the day the licensee is given the protection order unless, in that period, another individual is endorsed on the licence as the body’s representative in substitution for the respondent.

(3)Subsections (1) and (2)(a) take effect—

(a)if the respondent is present in court when the protection order is made—on the making of the order; or

(b)otherwise—when the respondent is given the protection order.

(4)A suspension under subsection (2)(b) ends on the earlier of the following—

(a)when another individual is endorsed on the licence as the body’s representative in substitution for the respondent;

(b)the protection order is no longer in force.

(5)If the licensee of a licence revoked under subsection (1) or suspended under subsection (2)(b) holds a permit to acquire, the permit is revoked or suspended while the licence is revoked or suspended.

(6)Despite a suspension under subsection (2)(b), an authorised officer may suspend the licence under section 28.

29   Revocation of licence by giving revocation notice

(1)An authorised officer may, by a revocation notice given to a licensee, revoke the licensee’s licence if the authorised officer is satisfied of any of the following things—

(a)the licence has been obtained through fraud or deception;

(b)the licensee has been convicted of an offence against any law in force in Queensland or elsewhere involving the use, carriage, discharge or possession of a weapon;

(c)the licensee has contravened a condition, participation condition or special condition of the licence;

(d)the licensee is no longer a fit and proper person to hold a licence;

Note—

See sections 10B and 10C.

(e)the licensee no longer has a reason mentioned in section 11 to possess a weapon;

(f)for an armourer’s licence, dealer’s licence or theatrical ordnance supplier’s licence—

(i)the licensed armourer, licensed dealer or licensed theatrical ordnance supplier is not in charge of the premises stated in the licence; or

(ii)the premises stated in the licence are no longer satisfactory for carrying out the business;

(g)for a collector’s licence—

(i)the licensed collector is no longer a genuine collector or is not in charge of the premises where the collector’s weapons are usually kept; or

(ii)the premises where the collection is usually kept are no longer satisfactory for the safekeeping of weapons.

(2)Also, if a licensee reports or states to a police officer that a weapon or 1 or more weapons of which the licensee is the registered owner were lost or stolen, an authorised officer may, by a revocation notice given to the licensee, revoke the licensee’s licence if—

(a)the licensee fails to satisfy the authorised officer that the licensee took reasonable precautions to prevent the loss or theft; or

(b)the authorised officer reasonably believes that the licensee has unlawfully disposed of the weapon.

(3)If the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may revoke the licence because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves the licence be revoked on that basis.

(4)If a licensee whose licence is revoked under this section holds a permit to acquire, the permit is also revoked.

(5)This section does not prevent an authorised officer reinstating a licence that is revoked by the authorised officer because of a mistake of fact.

Examples for subsection (5)—

1J was charged with an offence and although no conviction was recorded for the offence, police records indicated a conviction had been recorded.

2A was required to be a member of a pistol club but the club failed to tell the commissioner that A had joined the club before the revocation happened.

(6)A licence reinstated under subsection (5) is taken not to have been revoked.

(7)The licence may be reinstated by—

(a)returning the licence; or

(b)issuing a fresh licence.

(8)The authorised officer must also ensure any entry made in the firearms register because of the revocation is corrected.

29A   Action by court if respondent has access to weapons through employment

(1)This section applies if—

(a)a person is the respondent in a domestic violence order, police protection notice or release conditions; and

(b)under section 27A or 28A, the respondent’s licence is suspended or revoked, or the respondent is a representative of a body and the authority to possess a weapon as the body’s representative is ineffective; and

(c)an authorised officer reasonably considers the respondent has access to a weapon as part of the respondent’s employment.

(2)The authorised officer must—

(a)consider the circumstances of the employment; and

(b)consider the respondent’s access to the weapon; and

(c)consider the employment arrangements and whether there is an effective individual within the employing entity to whom to give a copy of the order, notice or conditions to ensure the respondent does not possess a weapon as part of the respondent’s employment; and

(d)if the authorised officer considers there is an effective individual within the employing entity—give a copy of the order, notice or conditions to the effective individual.

(3)The effective individual may disclose information about the order, notice or conditions to another person within the employing entity to the extent necessary to ensure the respondent does not possess a weapon as part of the respondent’s employment.

(4)However, the effective individual must not disclose information about the order, notice or conditions to anyone else, other than as permitted under subsection (3) or expressly permitted by a court or magistrate under the Domestic and Family Violence Protection Act 2012, section 159.

Maximum penalty—40 penalty units or 1 year’s imprisonment.

(5)In this section—

effective individual within the employing entity, relating to a respondent, means any 1 of the following who is in a position to ensure the respondent does not possess weapons as part of the respondent’s employment—

(a)the employer if the employer is an individual;

(b)another partner in a partnership in which the respondent is a partner;

(c)an individual within the entity that employs the respondent.

employment, of a respondent, includes employment by a partnership in which the respondent is a partner.

29B   Arrangements for surrender of suspended or revoked licences and weapons

(1)This section applies to a person whose licence is suspended under section 27A or revoked under section 28A, because the person is named as the respondent in a domestic violence order, police protection notice or release conditions.

(2)Subsection (3) applies—

(a)if the respondent is present—

(i)in court when the court makes the order; or

(ii)when a police officer issues and explains the notice; or

(b)when a police officer gives the order or notice to the respondent at a place other than the respondent’s place of residence; or

(c)when a police officer gives the conditions to the respondent.

(3)The respondent must immediately do the following—

(a)if the respondent’s licence is in the respondent’s possession—give the licence to a police officer;

(b)if the respondent’s licence is not in the respondent’s possession—arrange with a police officer to give the licence to a police officer no later than 1 day after—

(i)for subsection (2)(a)—the order is made or notice is issued;

(ii)otherwise—the order, notice or conditions are given to the respondent;

(c)arrange with a police officer to give to a police officer any weapon the respondent possesses, or to otherwise surrender the weapon, as soon as practicable, but no later than 1 day, after—

(i)for subsection (2)(a)—the order is made or notice is issued;

(ii)otherwise—the order, notice or conditions are given to the respondent.

Maximum penalty—10 penalty units.

(4)If a police officer personally serves the order or notice on the respondent at the respondent’s place of residence, the respondent must immediately give the weapons licence and any weapon in the respondent’s possession to the police officer unless the respondent has a reasonable excuse for not doing so.

Maximum penalty—10 penalty units.

(5)Also, a respondent must immediately give the weapons licence or any weapon in the respondent’s possession to a police officer (the surrender officer) if—

(a)a police officer made arrangements under subsection (3) with the respondent about the weapons licence or any weapon in the respondent’s possession; and

(b)the surrender officer believes the respondent has not complied with the arrangements; and

(c)the surrender officer asks the respondent to give the officer the weapons licence or any weapon in the respondent’s possession.

Maximum penalty—10 penalty units.

(6)If a weapon is given to a police officer under this section and, within 3 months of the weapon being given to the police officer, the respondent wants to otherwise surrender it, the respondent may make arrangements with a police officer for a licensed dealer or licensed armourer, in company with the respondent, to collect the weapon.

(7)The Police Powers and Responsibilities Act 2000 also provides for the role of police officers, and for offences by respondents, after a domestic violence order, police protection notice or release conditions are made.

(8)In this section—

made includes issued or imposed.

otherwise surrender, for a weapon, means the respondent deals with the weapon in the following way—

(a)the respondent consigns the weapon to a licensed dealer or licensed armourer—

(i)for sale; or

(ii)for storage for a period that does not end before the period of the domestic violence order;

(b)the respondent obtains a copy of the transaction notification for the weapon’s consignment from the licensed dealer or licensed armourer and, if the weapon is consigned for storage, the transaction notification states the respondent acknowledges the cost of the storage is the responsibility of the respondent;

(c)the respondent gives the copy of the transaction notification to a police officer—

(i)immediately; or

(ii)within the time allowed under this section for giving the weapon to a police officer.

30   Suspension or revocation notice

(1)A suspension or revocation notice must—

(a)be in the approved form; and

(b)state the specific reasons for the suspension or revocation of the licence; and

(c)direct the licensee to surrender—

(i)the licence and any relevant permit to acquire to a stated police officer at a stated reasonable time and place; and

(ii)the weapon held by the licensee under the licence in a way prescribed under subsection (4) or (5) at, or by, a stated reasonable time.

(1A)If a reason an authorised officer suspends or revokes a licence is criminal intelligence or other information that is not publicly available, it is enough that the notice states the specific reason as ‘confidential information’.

(2)A suspension or revocation notice may have effect immediately only if it, or a copy of it, is given personally to the licensee or a person endorsed on the licence as representing the licensee.

(3)A person who is given a suspension or revocation notice must comply with the directions in the notice.

Maximum penalty—20 penalty units or 6 months imprisonment.

(4)A weapon to be surrendered under a suspension or revocation notice may be surrendered by delivering it to any police officer.

(5)A weapon may also be surrendered by—

(a)delivering it to a licensed dealer or other person authorised under this Act to possess the weapon; and

(b)obtaining from the person to whom the weapon is delivered a receipt in the approved form for the weapon; and

(c)giving the receipt, within the time stated in the notice for the surrender of the weapon, to the police officer mentioned in subsection (1)(c)(i).

(6)An authorised officer may extend the time for compliance with a suspension or revocation notice (the compliance time) if the person to whom the notice is given applies to the authorised officer for an extension before the end of the compliance time.

31   Licensee’s representative

(1)This section applies to—

(a)a licensee who holds a licence to enable the licensee to carry on business; and

(b)an applicant for a licence to enable the applicant to carry on business.

(2)The licensee or applicant may apply for the licence to be endorsed with the name of a fit and proper individual as the licensee’s or applicant’s representative in the conduct of its business or affairs at the place stated in the application.

(3)A licensee may apply for the licence to be endorsed with the name of a fit and proper individual instead of another person already endorsed as the licensee’s representative under this or another section.

(4)An application under subsection (2) or (3) must be made in the approved form in the way prescribed under a regulation.

(5)In this section—

fit and proper individual means an individual who, if the person applied for a licence, would be a fit and proper person under section 10B.

32   Temporary recognition of interstate licences for particular purposes

(1)This section applies if a person who holds a licence, permit or authority issued under the law of another State entitling the person to possession of a weapon visits Queensland—

(a)to participate in a shooting competition conducted by an approved shooting club or approved by the commissioner; or

(b)for another purpose specified under a regulation for this section.

(2)The person’s licence, permit or authority is taken to authorise possession and use of the weapon in accordance with this Act—

(a)for the purpose of participating in the competition; or

(b)for the other purpose specified under the regulation—if the person complies with any conditions specified in the regulation for the purpose.

33   Interstate residents moving to Queensland

(1)This section applies if a resident of another State who is the holder of a licence under the law of the other State authorising possession of a category A, B, C, D or H weapon or a category M crossbow gives written notice to the commissioner of the person’s intention to reside permanently in Queensland.

(2)The person’s licence is taken to be the corresponding licence under this Act in force for the period mentioned in subsection (3) or until the day the person’s application for a licence under this Act is approved or rejected, whichever is the earlier.

(3)The period is—

(a)for a licence authorising possession of a category A or B weapon or a category M crossbow—3 months; and

(b)for a licence authorising possession of a category C, D or H weapon—7 days.

(4)The period mentioned in subsection (3) starts on the day the person notifies the commissioner of the person’s intention to reside permanently in Queensland.

(5)If the holder of a licence authorising possession of a category C, D or H weapon notifies the commissioner and makes application for a licence under this Act within the time allowed under subsection (3)(b), the person does not contravene section 50 while the person’s application is being decided merely because the 7 day period has passed.

(6)In this section—

corresponding licence, to a licence held under the law of another State, means—

(a)a licence under this Act declared under a regulation to be a corresponding licence; or

(b)if no regulation is made under paragraph (a) or the regulation makes insufficient provision—a licence under this Act that most closely corresponds to the other licence.

34   Contravention of licence condition

(1)A licensee must not contravene a condition of the licence.

Maximum penalty—60 penalty units or 1 year’s imprisonment.

(2)The penalty under subsection (1) may be imposed in addition to revocation of a licence or seizure of a weapon because of the contravention.

34AA   Effect of an appeal against a domestic violence order

(1)This section applies if—

(a)a domestic violence order is made against a person as the respondent; and

(b)the person appeals against the decision to make the domestic violence order under the Domestic and Family Violence Protection Act 2012, section 164; and

(c)the domestic violence order is discharged under the Domestic and Family Violence Protection Act 2012, section 169.

(2)For this Act, the domestic violence order is taken not to have been made.

Part 3    Acquisition, sale and disposal of weapons

Division 1 Preliminary

34A   Definitions for pt 3

In this part—

firearm does not include a barrel, breechbolt or top slide of a firearm.

weapon does not include a barrel, breechbolt or top slide of a firearm.

Division 2 Acquisition, sale and disposal of weapons

35   Acquisition of weapons

(1)A person may acquire a weapon only if—

(a)the person is a licensed dealer; or

(b)the person is the holder of a permit to acquire the weapon and acquires the weapon—

(i)from or through a licensed dealer; or

(ii)through a police officer in circumstances prescribed under a regulation; or

(c)the person acquires the weapon under other lawful authority, justification or excuse.

Maximum penalty—

(a)for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and

(b)for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and

(c)for a category A, B or M weapon—20 penalty units or 6 months imprisonment.

Example 1—

J wishes to sell J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. J and S agree on the sale price, but the sale may only be completed through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3).

Example 2—

J wishes to give J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. The gift of the weapon may only be made through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3).

Example 3—

J sells J’s weapon to G, a licensed dealer. G later sells the weapon to S who holds an appropriate licence and a permit to acquire the weapon. G must still provide certain information about the acquisition to an authorised officer under subsection (2), but in this case is not entitled to a brokerage fee.

Example 4—

J pays a deposit on a firearm J is buying from G, a licensed dealer. J has applied for a permit to acquire, but the application has not been finally decided. If J takes possession of the firearm before the permit to acquire is issued, J acquires the weapon and commits an offence against subsection (1).

(2)If the weapon is acquired from a licensed dealer or the acquisition happens through a licensed dealer or police officer—

(a)the acquirer must give the dealer or police officer a copy of the permit to acquire; and

(b)the dealer must give to an authorised officer the copy of the permit to acquire and the information prescribed under a regulation within the time and in the way prescribed under the regulation.

Serco means Serco Australia Pty Ltd ABN 44 003 677 352.

189   Declaration concerning GEO during interim period

(1)During the interim period—

(a)GEO is taken to have been a government service entity and a prescribed service entity under section 2(9); and

(b)for section 2(2), the functions of GEO are taken to have been—

(i)to conduct the part of the operations of the Queensland Corrective Services Commission that GEO is engaged to conduct under the Corrective Services (Administration) Act 1988, section 19(2)(f); or

(ii)the functions that GEO is authorised, by the chief executive (corrective services), to perform under the Corrective Services Act 2006, section 272; and

(c)for section 2(2), the functions of a GEO employee are taken to have been—

(i)the functions of a custodial correctional officer the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(i); or

(ii)the functions of a corrective services officer that the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(ii).

(2)In this section—

GEO means GEO Group Australia Pty Ltd ABN 24 051 130 600.

interim period means the period starting on 15 January 2004 and ending on the commencement.

190   Training courses

(1)If, immediately before the commencement, an approval of a training course was in force under former section 10A(2)(b), the approval continues in force as if it had been made under section 10AA(1).

(2)If, immediately before the commencement, an approval of a training course was in force under former section 124, the approval continues in force as if it had been made under section 10AA(2).

(3)As soon as practicable after the commencement, the commissioner must notify each course approved under this section on the QPS website.

(4)An approval under this section may be ended by the commissioner under section 10AA.

(5)In this section—

former means as in force before the commencement.

Division 5 [Repealed]

191   [Repealed]

Division 6 Transitional provision for Counter-Terrorism and Other Legislation Amendment Act 2015

192   Declaration about officers of Customs during interim period

(1)This section applies to a person who was an officer of Customs in the Australian Border Force during the interim period or a part of the interim period.

(2)This Act is taken not to have applied to the person in relation to the person’s possession or use of a weapon when performing the duties of an officer during the interim period or the part of the interim period.

(3)In this section—

Australian Border Force see the Australian Border Force Act 2015 (Cwlth), section 4(1).

interim period means the period starting on 1 July 2015 and ending on the commencement.

officer of Customs see the Customs Act 1901 (Cwlth), section 4(1).

Division 7 Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016

193   Applications not finally decided

(1)This section applies if, immediately before the commencement, an authorised officer had not finally decided an application for the grant or renewal of an authority.

(2)The authorised officer must decide the application under this Act as in force after the commencement.

(3)In this section—

authority means—

(a)a licence; or

(b)a permit to acquire; or

(c)a shooting club permit; or

(d)an approval to conduct an arms fair under section 79(2); or

(e)an approval of a range under section 101(1); or

(f)an approval of a shooting gallery under section 111; or

(g)any other type of approval, licence or permit granted or renewed by an authorised officer under this Act.

194   Proceedings not finally decided

(1)This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with—

(a)a proceeding before QCAT for a review of a decision mentioned in repealed section 143(1);

(b)a proceeding before the Supreme Court about a decision mentioned in repealed section 143(1).

(2)The proceeding is discontinued and the matter is remitted to an authorised officer for the authorised officer to decide again under this Act as in force after the commencement.

(3)QCAT or the Supreme Court must return to the commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.

(4)For subsection (1), a proceeding had not been finally dealt with if—

(a)QCAT or the Supreme Court had not made a decision; or

(b)QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or

(c)QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.

(5)In this section—

criminal intelligence means criminal intelligence within the meaning of repealed 143(6).

repealed, in relation to a provision of this Act, means the provision as in force immediately before the commencement.

Division 8 Validation provision for Police Service Administration and Other Legislation Amendment Act 2023

195   Validation of particular decisions under pt 2 or pt 3, div 3

(1)This section applies in relation to a relevant approval purported to have been given by a person before the commencement if, when the approval was given, the person—

(a)was a police officer or staff member of the police service under the Police Service Administration Act 1990; and

(b)was not an authorised officer.

(2)The licence or permit to acquire to which the relevant approval relates is not invalid merely because the person was not an authorised officer when the approval was given.

(3)In this section—

relevant approval means an approval of an application for a licence, renewal of a licence or permit to acquire given under section 15, 18 or 42.

Division 9 Transitional provisions for Queensland Community Safety Act 2024

196   Definition for division

In this division—

new, for a provision of this Act, means the provision as in force from the commencement.

197   Existing applications relating to licences

(1)This section applies to an application made, but not decided, under former part 2 before the commencement.

(2)The application is taken to be an application under new part 2.

(3)Anything done in relation to the application under the Act before the commencement is taken to have been done in relation to the application under the Act as in force from the commencement.

(4)In this section—

former part 2 means part 2 as in force from time to time before the commencement.

198   Existing reviews of decisions

(1)This section applies if—

(a)before the commencement, a person applied for a review of a decision in relation to a licence under section 142(1)(a), (aa) or (e); and

(b)immediately before the commencement, the review had not been decided.

(2)In hearing or deciding the review, or any proceeding relating to the review, this Act as in force from the commencement applies.

199   Advising of particular events happening before commencement

(1)This section applies in relation to a licence in effect immediately before the commencement if—

(a)on the commencement, the licensee or the licensee’s representative is a disqualified person; or

(b)within 10 years before the day this section commences, the licensee or the licensee’s representative—

(i)has been convicted of a class A serious offence or a class B serious offence; or

(ii)has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or

(iii)has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence; or

(c)before the commencement, the licensee or the licensee’s representative was charged with a serious offence and the charge has not been dealt with.

(2)New section 24 applies in relation to the licensee as if—

(a)the licensee or the licensee’s representative being a disqualified person, or the happening of an event mentioned in subsection (1)(b) or (c), were a change under new section 24; and

(b)a reference in new section 24(1) to within 14 days of the happening of an event mentioned in section 24(2) were a reference to within 90 days after the day this section commences.

Note—

See section 34 for the offence of contravening of a licence condition.

(3)For subsection (1), it is irrelevant whether or not the conviction is a spent conviction, provided the conviction is recorded.

7.1   [Repealed]

7.2   [Repealed]

7.3   [Repealed]

7.4   [Repealed]

Schedule 1AA Class B serious offences

section 5B

This Act

Section	Section heading	Circumstance
50(1)	Possession of weapons	if paragraph (a), (b) or (c)(i) or (ii) of the penalty applies to the offence
50B(1)	Unlawful supply of weapons
61	Shortening firearms
63	Altering identification marks of weapons
65(1)	Unlawful trafficking in weapons

Corrective Services Act 2006

Section	Section heading	Circumstance
122(2)	Unlawful assembly, riot and mutiny

Criminal Code

Section	Section heading	Circumstance
61	Riot
69	Going armed so as to cause fear
75	Threatening violence
76	Recruiting person to become participant in criminal organisation
77B	Habitually consorting with recognised offenders
80	Crime of piracy
119B	Retaliation against or intimidation of judicial officer, juror, witness etc.
142	Escape by persons in lawful custody
210	Indecent treatment of children under 16
213	Owner etc. permitting abuse of children on premises
215	Engaging in penile intercourse with child under 16	if the person who committed the offence was an adult when the offence was committed
216	Abuse of persons with an impairment of the mind
217	Procuring young person etc. for penile intercourse
218	Procuring sexual acts by coercion etc.
218A	Using internet etc. to procure children under 16
218B	Grooming child under 16 years or parent or carer of child under 16 years
219	Taking child for immoral purposes
221	Conspiracy to defile
222	Incest
228A	Involving child in making child exploitation material
228B	Making child exploitation material
228C	Distributing child exploitation material
228D	Possessing child exploitation material
228DA	Administering child exploitation material website
228DB	Encouraging use of child exploitation material website
228DC	Distributing information about avoiding detection
228I	Producing or supplying child abuse object
228J	Possessing child abuse object
229B	Repeated sexual conduct with a child
306	Attempt to murder
307	Accessory after the fact to murder
308	Threats to murder in document
309	Conspiring to murder
313	Killing unborn child
314A	Unlawful striking causing death
315	Disabling in order to commit indictable offence
315A	Choking, suffocation or strangulation in a domestic setting
316	Stupefying in order to commit indictable offence
317	Acts intended to cause grievous bodily harm and other malicious acts
317A(1)	Carrying or sending dangerous goods in a vehicle
318	Obstructing rescue or escape from unsafe premises
319	Endangering the safety of a person in a vehicle with intent
320A	Torture
321	Attempting to injure by explosive or noxious substances
321A	Bomb hoaxes
322	Administering poison with intent to harm
324	Failure to supply necessaries
326	Endangering life of children by exposure
328A	Dangerous operation of a vehicle	if the Criminal Code, section 328A(2), (3) or (4) applies to the offence
339	Assaults occasioning bodily harm	if the Criminal Code, section 39(3) applies to the offence or the offence is a domestic violence offence under the Criminal Code, section 1
340	Serious assaults
349	Rape
350	Attempt to commit rape
351	Assault with intent to commit rape
352	Sexual assaults
354	Kidnapping
354A	Kidnapping for ransom
359E	Punishment of unlawful stalking, intimidation, harassment or abuse
363	Child-stealing
363A	Abduction of child under 16
364	Cruelty to children under 16
398	Punishment of stealing	if the Criminal Code, section 398, punishment in special cases, item 14 or 15 applies to the offence
411	Punishment of robbery	if the offence is not a class A serious offence
412	Attempted robbery
413	Assault with intent to steal
414	Demanding property with menaces with intent to steal
415	Extortion
417A	Taking control of aircraft
419	Burglary	if the Criminal Code, section 419(3) or (5) applies to the offence
433	Receiving tainted property	if the Criminal Code, section 433(1), penalty, paragraph (b) applies to the offence
461	Arson
469A	Sabotage and threatening sabotage
470	Attempts to destroy property by explosives
470A	Unlawful dealing with explosive or noxious substances

Domestic and Family Violence Protection Act 2012

Section	Section heading	Circumstance
177(2)	Contravention of domestic violence order	if paragraph (a) of the penalty applies to the offence

Drugs Misuse Act 1986

Section	Section heading	Circumstance
5(1)	Trafficking in dangerous drugs
6(1)	Supplying dangerous drugs
7(1) or (2)	Receiving or possessing property obtained from trafficking or supplying
8(1)	Producing dangerous drugs
8A	Publishing or possessing instructions for producing dangerous drugs
9(1)	Possessing dangerous drugs	if paragraph (a), (b) or (c) of the penalty applies to the offence
10B(1)	Possession of a prohibited combination of items
11(1)	Permitting use of place

Summary Offences Act 2005

Section	Section heading	Circumstance
10C(1) or (2)	Wearing or carrying prohibited item in a public place

Schedule 1 Subject matter for regulations

section 172

1   Eligibility requirements for licences

Eligibility requirements for a licence.

2   Authorising things under a licence

Providing for things a licensee may or may not do under the authority of a licence.

2A   Categorising weapons

Declaring weapons as category A, B, C, D, E, H, M or R weapons.

3   Limiting or prohibiting licensing of particular weapons

Limiting or prohibiting licensing of particular weapons or particular categories of weapons.

4   Limiting or prohibiting acquisition, possession or use of weapons and magazines

Limiting or prohibiting acquisition, possession or use of particular weapons or magazines or particular categories of weapons or magazines.

5   Secure storage facilities for weapons

Requirements for secure storage facilities for weapons.

6   Functions, powers and duties

The discharge of any function, the exercise of any power and the performance of any duty by any person appointed under this Act.

7   Instruments

The forms required or authorised in respect of any matter under this Act.

8   Fees etc.

The fees or other amounts payable in respect of any matter under this Act.

9   Qualifications and appointments

The qualifications required before a person is appointed or approved under this Act.

10   Funds

The funds to which fees and other amounts are payable under this Act and the purposes in respect of which those funds may be expended.

11   Terms of approvals, permits and exemptions

Providing for the terms of approvals, shooting club permits and exemptions.

12   Approved historical societies

Providing for the approval, conditions of approval, revocation of approval and obligations, of approved historical societies and their representatives.

13   Record-keeping

Providing for the keeping of records.

14   Production of weapons

Providing for the production of a category H weapon to establish its barrel length or calibre.

15   Disclosing licence information to approved shooting clubs and approved historical societies

Providing for the disclosure of information about licences, conditions attaching to licences, and eligibility for licences of members of approved shooting clubs to the approved shooting clubs or members of approved historical societies to the approved historical societies.

16   Registration of antique handguns

Providing for the registration of antique handguns.

17   Providing for approved shooting ranges

Providing for matters relating to persons using an approved range and the conduct of an approved range.

18   Amnesty for firearms and prescribed things

Providing for things for which, and the conditions under which, an amnesty under section 168B may be given.

Schedule 2 Dictionary

section 5

accredited event means a handgun shooting competition prescribed under a regulation to be an accredited event.

acquire, a weapon, see section 35.

ammunition see the Explosives Act 1999, schedule 2.

amnesty period, for part 8, division 2, see section 174.

anniversary day, for a licence, means the date in each year that is the anniversary of the issue of the licence.

antique firearm means a thing, mentioned in paragraph (a), (b)(i), (c) or (d) of the definition firearm and manufactured before 1 January 1901, that is one of the following—

(a)a muzzle loading firearm;

(b)a cap and ball firearm;

(c)a firearm in relation to which an authorised officer decides under section 154 that ammunition is not commercially available.

antique handgun means an antique firearm, other than a pre–percussion handgun, that is less than 75cm in length.

appellate court, for part 5A, division 6, see section 141ZN.

approved club ...

approved form see section 171.

approved historical society means a body, whether incorporated or unincorporated, of a kind prescribed under a regulation that is granted approval by an authorised officer under a regulation as an approved historical society.

approved officer ...

approved pistol club means an approved shooting club that has, as a purpose endorsed on the shooting club’s shooting club permit, the conduct of sports or target shooting using category H weapons.

approved range means—

(a)a place approved under part 4, division 5; or

(b)a place approved under a Commonwealth Act for use in the sport of target shooting.

approved safety training course (general) means a course approved under section 10AA(1).

approved safety training course (security guard) means a course approved under section 10AA(2).

approved shooting club means a shooting club that holds a shooting club permit.

approved training course means—

(a)an approved safety training course (general); or

(b)an approved safety training course (security guard).

armourer means a person who stores, manufactures, modifies or repairs weapons in the course of the person’s business.

associate, of a licensed dealer or an applicant for a dealer’s licence, means a person, other than a financial institution, who—

(a)holds or will hold a relevant financial interest in the business or proposed business of the licensed dealer or applicant; or

(b)is or may be entitled to exercise a relevant power, whether in the person’s own right or for someone else, in the business or proposed business of the licensed dealer or applicant; or

(c)holds or will hold a relevant position, whether in the person’s own right or for someone else, in the business or proposed business of the licensed dealer or applicant.

authorised officer see section 153.

black-powder pistol has the meaning prescribed under a regulation.

blank-fire firearm means a firearm, or a replica of a firearm, that is incapable of discharging a projectile.

business means the business carried on under the authority of a licence.

category, of weapon, means a category prescribed under the Weapons Categories Regulation 1997.

category A weapon see the Weapons Categories Regulation 1997, section 2.

category B weapon see the Weapons Categories Regulation 1997, section 3.

category C weapon see the Weapons Categories Regulation 1997, section 4.

category D weapon see the Weapons Categories Regulation 1997, section 5.

category E weapon see the Weapons Categories Regulation 1997, section 6.

category H weapon see the Weapons Categories Regulation 1997, section 7.

category M weapon see the Weapons Categories Regulation 1997, section 7A.

category M crossbow means a crossbow that is a category M weapon under the Weapons Categories Regulation 1997, section 7A(n).

category R weapon see the Weapons Categories Regulation 1997, section 8.

class, in relation to a category H weapon, means a class prescribed under a regulation for the weapon.

class A serious offence see section 5A.

class B serious offence see section 5B.

class C serious offence see section 5C.

club organised shoot means—

(a)a practice shoot organised by an approved pistol club; or

(b)a handgun shooting competition.

collection register see section 81.

collector means a person who collects or holds out as being ready to collect, whether on behalf of the collector or another person, a weapon or weapons.

commissioned officer see the Police Service Administration Act 1990, schedule 2.

Editor’s note—

Police Service Administration Act 1990, schedule 2—

commissioned officer means a person who holds a position in the police service as a commissioned officer.

commissioner means the commissioner of the police service under the Police Service Administration Act 1990.

convicted means found guilty, or having a plea of guilty accepted, by a court.

corrective services facility see the Corrective Services Act 2006, schedule 4.

court—

(a)for part 5A—see section 141D; or

(b)otherwise—means the Magistrates Court.

criminal history, of a person, for part 5A, see section 141D.

criminal intelligence, in relation to a person, means any information about the person’s connection with or involvement in criminal activity.

criminal organisation ...

dealer means a person, other than an armourer or theatrical ordnance supplier, who—

(a)carries on the business, whether or not for reward or benefit, of acquiring, selling or otherwise disposing of weapons in any way; or

(b)for trade or business, displays a weapon for sale or possesses a weapon for sale.

deputy commissioner means deputy commissioner of the police service under the Police Service Administration Act 1990.

detachable magazine, in relation to a weapon, means a receptacle for holding ammunition, that can be detached from the weapon, from which ammunition is loaded into the chamber of the weapon.

disqualified person see section 5D.

domestic violence order means a domestic violence order under the Domestic and Family Violence Protection Act 2012, and includes an interstate domestic violence order.

executive officer see the Police Service Administration Act 1990, schedule 2.

Editor’s note—

Police Service Administration Act 1990, schedule 2—

executive officer means a person who holds a position in the police service as an executive officer.

explosive see the Explosives Act 1999, schedule 2.

firearm—

1Generally, firearm means—

(a)a gun or other thing ordinarily described as a firearm; or

(b)a thing ordinarily described as a weapon that, if used in the way for which it was designed or adapted, is capable of being aimed at a target and causing death or injury by discharging—

(i)a projectile; or

(ii)noxious, corrosive or irritant liquid, powder, gas, chemical or other substance; or

(c)a thing that would be a firearm mentioned in paragraph (a) or (b) if it were not temporarily inoperable or incomplete; or

(d)a major component part of a firearm.

2However, the term does not include—

(a)an antique firearm, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow; or

(b)a replica of a spear gun, longbow or crossbow; or

(c)a slingshot, shanghai or sword; or

(d)a public monument.

3For part 5A, see also section 141D.

firearm prohibition order see section 141D.

firearm related item see section 141D.

firearms register see section 49.

genuine reason, for possession of a weapon, see section 11.

handgun shooting competition means a shooting competition that includes using a category H weapon at a place where the weapon may lawfully be used.

Note—

Particular handgun shooting competitions may be prescribed under a regulation to be accredited events. See the definition accredited event.

heirloom firearm see section 6.

identified participant ...

identifying particular, of a person, means a fingerprint, palm print or footprint of the person.

integral magazine, in relation to a weapon, means a receptacle for holding ammunition, that can not be easily removed from the weapon, from which ammunition is loaded into the chamber of the weapon.

interstate domestic violence order means an interstate order or registered foreign order under the Domestic and Family Violence Protection Act 2012, part 6, whether or not the order is a recognised interstate order under that Act.

landowner means—

(a)the owner or occupier of rural land; or

(b)a person authorised by the owner or occupier to act on the owner’s or occupier’s behalf in the general management or control of the land.

laser pointer means a hand-held battery-operated device, with a power output of more than 1 milliwatt, that is designed to emit a laser beam and may be used for aiming, pointing or targeting.

licence means a licence continued, issued or renewed under this Act and in force at the material time, and includes a certificate under section 16(2).

licensed armourer means the person in whose name an armourer’s licence, in force at the material time, has been issued.

licensed collector means the person in whose name a collector’s licence, in force at the material time, has been issued.

licensed dealer means the person in whose name a dealer’s licence, in force at the material time, has been issued.

licensed theatrical ordnance supplier means the person in whose name a theatrical ordnance supplier’s licence, in force at a material time, has been issued.

licensee means a person in whose name a licence, in force at the material time, has been issued.

magazine, in relation to a weapon, means—

(a)a detachable magazine; or

(b)an integral magazine.

magazine capacity, of a weapon, means the maximum number of rounds of ammunition of a particular calibre that are designed to be held in—

(a)if the weapon has an integral magazine—the integral magazine; and

(b)if the weapon has a detachable magazine—the detachable magazine.

major component part of a firearm includes a part such as the receiver, body, barrel, breechbolt, frame or top slide without which the firearm would be considered inoperative or incomplete.

Minister ...

modern handgun means a category H weapon manufactured on or after 1 January 1947.

occupier, of rural land, means the person entitled to possession of the land.

officer in charge of police includes a police officer of whatever rank or grade who is for the time being in charge of a police establishment.

ordnance register see section 117.

paint-pellet gun means a weapon that discharges paint-pellet projectiles.

paint-pellet sports means games in which persons use paint-pellet guns to discharge paint-pellet projectiles at other persons or things.

participation condition means a condition stated in section 133(1) or (3).

participation record see section 134.

part of a prohibited handgun, for part 8, division 2, see section 174.

permanently inoperable see section 7.

permit to acquire means a permit to acquire a weapon under this Act and in force at the material time.

physically possess, a weapon, means physically hold or have an immediate ability to physically hold the weapon.

place includes any vehicle.

police establishment means a police establishment for the purposes of the Police Service Administration Act 1990.

police officer ...

police protection notice means a police protection notice under the Domestic and Family Violence Protection Act 2012, and includes an interstate domestic violence order issued by a police officer.

possession includes in relation to any thing—

(a)having the thing in one’s custody; and

(b)having the thing under one’s control in any place, whether or not another has custody of the thing; and

(c)having an ability to obtain custody of the thing at will; and

(d)having a claim to custody of the thing which the claimant has committed to the custody of another, notwithstanding that the thing is temporarily not in the control of the person having such claim.

pre–percussion handgun means—

(a)an antique firearm less than 75cm in length that is a muzzle loading firearm activated by a fuse, matchlock, wheel lock, snaphaunce, flintlock or miquelet lock; or

(b)an antique firearm less than 75cm in length approved as an antique pre-percussion firearm by an authorised officer under section 154.

primary producer means a person (not being a person engaged in primary production as an employee on wages or piecework rates) primarily engaged in the occupation of—

(a)dairy farmer; or

(b)wheat, maize, or cereal grower; or

(c)cane grower; or

(d)fruit grower; or

(e)grazier; or

(f)farmer, whether engaged in general or mixed farming, cotton, potato, or vegetable growing, or poultry or pig raising;

and includes a person prescribed by regulation.

prohibited handgun, for part 8, division 2, see section 174.

prohibited person ...

protection order means a protection order under the Domestic and Family Violence Protection Act 2012, and includes an interstate domestic violence order corresponding to a protection order.

psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student.

public monument see section 6C.

public place means any place that the public is entitled to use, is open to the public, or used by the public, whether on payment or otherwise.

purchase means obtain under a sale.

QCAT information notice means a notice complying with the QCAT Act, section 157(2).

QPS website means the website used by the commissioner to provide public access to information about matters relating to this Act.

Editor’s note—

The QPS website is at ...

range officer of an approved range means a person who is a range officer of the range within the meaning of section 108(2).

range operator of an approved range means the range operator of the range within the meaning of section 108(1).

range use register see section 97.

reasonably believes means believes on reasonable grounds.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

refuse, an application, includes reject the application.

registered owner, of a firearm, means the owner of the firearm as entered in the firearms register.

reject, an application, includes refuse an application.

release conditions see the Domestic and Family Violence Protection Act 2012.

relevant financial interest, in relation to a business, means—

(a)any interest in the capital or assets of the business; or

(b)any entitlement to receive any income derived from the business, whether the entitlement arises at law, in equity or otherwise.

relevant position, in relation to the business or proposed business of a licensed dealer or an applicant for a dealer’s licence, means a position that entitles the holder of the position to participate in the management of the business whether as director, manager, secretary or in any other capacity.

relevant power, in relation to the business or proposed business of a licensed dealer or an applicant for a dealer’s licence, means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a)to participate in any managerial or executive decision of the business or proposed business; or

(b)to elect or appoint a person to a relevant position in the business or proposed business.

replacement licence means a licence issued in replacement of an existing licence under section 23.

replica see section 6A.

representative, of a body, for sections 27A, 28A and 140 and part 5A, means the representative of a licensee that is a body, whether incorporated or unincorporated, who is endorsed—

(a)on the licensee’s licence as the licensee’s representative; or

(b)on a permit to acquire issued to the licensee as the licensee’s representative.

respondent means a person named in a domestic violence order as the respondent.

restricted item see section 67(9).

rural land includes land other than land situated in any city or town or, in the case of a shire, in any township in the shire.

security guard see section 6B.

security guard’s register see section 126A.

security organisation means an entity that provides security guards and the services of security guards.

security organisation register see section 128(1)(a).

sell includes—

(a)sell by wholesale, retail or auction; and

(b)supply under a lease, exchange, hiring or other commercial arrangement; and

(c)agree to sell; and

(d)cause or permit to be sold.

serious offence means a class A serious offence, class B serious offence or class C serious offence.

shanghai means a Y-shaped device that—

(a)has something with elastic properties fixed to it; and

(b)is capable of being used to propel a projectile.

shooting club means a club or other organisation that conducts the sport of target shooting, whether or not involving the use of a category M crossbow.

shooting club permit means a shooting club permit issued under section 87.

shooting gallery includes a place used for paint-pellet sports.

short firearm means—

(a)a category H weapon that is a firearm; or

(b)a category C, D or R weapon that is a firearm under 75cm in length.

slingshot means a device designed for use with, or a component of which is, a brace that fits or rests on a person’s forearm or another part of the person’s body to support the person’s wrist against the tension of elastic material used to propel a projectile.

Example—

a Saunders ‘Falcon’ Hunting Sling

special condition means a special condition under section 134(1).

spent conviction ...

State includes Territory.

supervision order—

(a)means an order made under an Act or a law of another jurisdiction, or made by an Australian court, that subjects a person to supervision, including, for example—

(i)a community based order under the Penalties and Sentences Act 1992; or

(ii)a community based order or supervised release order under the Youth Justice Act 1992; or

(iii)a parole order under the Corrective Services Act 2006; but

(b)does not include a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

supply includes—

(a)give, distribute, sell, administer or transport; and

(b)offer to supply; and

(c)do an act preparatory to, or to further, or for the purpose of, supply.

sword means a thing consisting of a long, straight or curved blade, fixed in a hilt or handle, the blade of which is either—

(a)pointed; or

(b)sharp-edged on one or both sides.

Examples—

•a rapier

•a broadsword

temporarily inoperable see section 8.

temporary protection order means a temporary protection order under the Domestic and Family Violence Protection Act 2012, and includes an interstate domestic violence order corresponding to a temporary protection order.

theatrical ordnance supplier means a person who, wholly or partly, carries on the business, whether or not for reward or benefit, of supplying on a temporary basis weapons for use in theatrical, film or television productions where the supplying involves no change in the ownership of the weapons.

transaction notification means a notification given under section 71(3).

unlawful means without lawful justification or excuse.

unlawfully ...

unloaded firearm, means the firearm contains no ammunition in its breech, chamber, magazine or muzzle.

vehicle—

(a)for part 5A, division 4—see section 141ZC; or

(b)otherwise—includes any aircraft or vessel.

weapon—

(a)means—

(i)a firearm; or

(ii)another thing prescribed under a regulation to be a weapon or within a category of weapon; or

(iii)a thing that would be a weapon mentioned in subparagraph (i) or (ii), if it were not temporarily inoperable or incomplete; and

(b)does not include a public monument.

weapons register see section 71(1).

Schedule 3 [Repealed](Repealed)

Schedule 5 [Repealed](Repealed)