Weapons Act 1991 (ACT)

Weapons Act 1991 (repealed)

A1991-8

Republication No 5

Effective:  17 May 1997

Republication date:  9 April 2025

As repealed by A1996-74 s 127

About this republication

The republished law

This is a republication of the Weapons Act 1991 (repealed) effective 17 May 1997.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

WEAPONS ACT 1991

This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

Repealed by No. 74, 1996 (in force 17 May 1997)

TABLE OF PROVISIONS

Section

PART I—PRELIMINARY

1.Short title

2.Commencement

3.Repeal

4.Interpretation

5.Approved reasons

PART II—ADMINISTRATION

6.Registrar of Weapons

7.Functions of the Registrar

8.Powers of the Registrar

9.Directions by Minister

1. Delegation

2. Acting Registrar

3. Register of Weapons

4. Reports, recommendations and guidelines

5. Amnesty

PART III—LICENCES

Division 1—Requirement to be licensed

1. Prohibited weapons

2. Restricted weapons

3. Dangerous weapons

4. Licensed dealers

19A.Inoperable weapons

1. Exemptions—general

2. Specific exemptions—possession or use of dangerous weapons and restricted weapons

3. Specific exemptions—possession of dangerous weapons and restricted weapons

22A.Authorised instructors

Division 2—Dangerous weapons licences

1. Application for licence

2. Grant of licence

3. Refusal to grant licence

4. Issue of licences to composite entities

5. Temporary licences—internationally protected persons

6. Effect of licence

Division 3—Restricted weapons licences

1. Application for licence

2. Grant of restricted weapons licence

3. Return of licence

4. Effect of licence

Division 3A— Inoperable weapons licences

33A.Application

33B.Grant of inoperable weapons licence

33C.Refusal to grant licence

33D.Return of licence

33E.Effect of licence

Division 4—Dealers’ licences

1. Application for licence

2. Grant of dealer’s licence

3. Refusal to grant licence

4. Effect of licence

5. Alteration of premises

6. Dealer’s Book

7. Falsifying records etc.

8. Returns by licensed dealers

9. Keeping dangerous weapons etc.

10. Receiving dangerous weapons etc. for modification, testing or repair

Division 5—Licences generally

1. Applications—request for further information etc.

45A.False or misleading statements

45B.Form of licences

1. Licences to be signed

2. Conditions of licence

3. Term of licence

4. Renewal of licence

5. Issue of copy of licence

6. Cancellation and suspension of licence—general

51A.Surrender of licence following cancellation

1. Surrender of dealer’s licence

2. Surrender etc. of weapons

3. Change of possession

4. Change of address

PART IV—REGISTRATION AND ENDORSEMENT

Division 1—Registration of weapons

1. Application for registration

2. Approval of application

3. Refusal of registration—duties of licensee

4. Registration

5. Cancellation of registration

6. Renewal of registration—effect of refusal

Division 2—Endorsement of licences

1. Division does not apply to pistol grip weapons

2. Application for endorsement

3. Approval of application

4. Endorsement

5. Cancellation of endorsement

6. Endorsements—notification of change of particulars

PART V—POWERS OF ENTRY, SEARCH AND SEIZURE

1. Interpretation

2. Powers of entry, search etc.

3. Search of persons, vehicles, vessels—without warrant

4. Consent to entry and inspection

5. Search warrants

6. Forfeiture etc. of weapons

PART VI—OFFENCES GENERALLY

1. Interpretation

2. Obstruction of police officers

3. Defacement

4. Sale etc. of weapons

5. Interstate sales

6. Spear guns—sale etc. to persons under 14 years of age

7. Production of licences etc.

8. Possession of weapon under another licence

9. Safekeeping of weapons

10. Lost, destroyed or stolen weapons

11. Discharge etc. of weapons—public places etc.

12. Discharge of weapons—general

13. Carriage or use of weapon—disregard for safety

14. Modification of dangerous weapons

15. Approval of modifications

16. Possession or use of modified dangerous weapons

17. Possession of ammunition

18. Sale of ammunition

PART VII—MISCELLANEOUS

1. Compensation

92A.Disposal of uncollected weapons

1. Certificates of safety

2. Conduct of directors, servants and agents

3. Third-party interests—complaints to Registrar

4. Investigations

5. Evidentiary certificates

6. Review of decisions

7. Notification of decisions

8. Service of notices on Registrar

9. Power of Minister to determine fees

10. Regulations

PART VIII—SAVINGS AND TRANSITIONAL

1. Interpretation

2. Pistol grip weapons

3. Transitional—general

SCHEDULE 1

ACTS REPEALED

SCHEDULE 2

RESTRICTED WEAPONS

SCHEDULE 3

PROHIBITED WEAPONS

WEAPONS ACT 1991

An Act to regulate the acquisition, possession, use and disposal of weapons

PART I—PRELIMINARY

Short title

1.  This Act may be cited as the Weapons Act 1991.1

Commencement

2.1  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.

(2)  Subject to subsection (3), the remaining provisions commence on a day fixed by the Minister by notice in the Gazette.

(3)  If the remaining provisions have not commenced before the expiration of the period of 6 months commencing on the day on which this Act is notified in the Gazette, those provisions shall, by force of this subsection, commence on the expiration of that period.

Repeal

3.  The Acts specified in Schedule 1 are repealed.

Interpretation

4.   (1)  In this Act, unless the contrary intention appears—

“antique weapon” means a firearm manufactured before 1900 for which ammunition is not readily commercially available;

“approved club” means a company, or an association, society, institution or body incorporated under the Associations Incorporation Act 1953, that is formed or carried on for the purpose of promoting or encouraging, whether directly or indirectly, the sport of shooting, whether or not its activities are carried on in whole or in part in the Territory, which is—

(a)affiliated with—

(i)The Australian Clay Target Association Inc;

(ii)The Field and Game Federation of Australia Incorporated;

(iii)The Amateur Pistol Shooting Union of Australia Incorporated;

(iv)The Sporting Shooters’ Association of Australia Incorporated;

(v)The Australian Smallbore and Air Rifle Association Incorporated;

(vi)The National Rifle Association of Australia; or

(vii)Safari Club International (Australian—South Pacific Chapter) Incorporated; or

(b)declared by the Registrar by notice in the Gazette to be an approved club for the purposes of this Act;

“authorised instructor” means, subject to section 22A, a person authorised in writing by—

(a)an approved club; or

(b)the Registrar;

to give instruction in the use of dangerous weapons;

“authorised member” means a member of an approved club authorised in writing by the club to sell ammunition;

“chief police officer” means the police officer who is responsible for the day-to-day administration and control of police services in the Territory;

“composite entity” means—

(a)a body corporate;

(b)a partnership; or

(c)a government agency (other than a body corporate);

“corresponding order” means an order under a law of a State or another Territory having the same effect or substantially the same effect as—

(a)a retraining order or an interim restraining order under the Magistrates Court Act 1930; or

(b)a protection order or an interim protection order under the Domestic Violence Act 1986;

“dangerous weapon” means a weapon from which any shot, bullet or other missile can be discharged or propelled, and includes a pistol that has been modified to fire blank cartridges, a starting pistol that is an imitation pistol and a silencer, but does not include—

(a)a prohibited weapon;

(b)a restricted weapon;

(c)an antique weapon;

(d)a long bow, recurve bow or compound bow;

(e)a device commonly known as a stapling gun; or

(f)an explosive-powered tool within the meaning of Part IXA of the Regulations under the Scaffolding and Lifts Act, 1912-1948 of the State of New South Wales in its application in the Territory;

“dangerous weapons licence” means a dangerous weapons licence granted or renewed under this Act;

“dealer”, in relation to dangerous weapons or restricted weapons, means a person who in the ordinary course of business—

(a)manufactures, repairs or modifies dangerous weapons or restricted weapons;

(b)purchases or sells dangerous weapons or restricted weapons; or

(c)has dangerous weapons or restricted weapons in his or her possession for sale, safekeeping, modification or repair;

and includes a person who is a member of an approved club who is a club armourer for that club;

“Dealer’s Book” means a Dealer’s Book kept under section 40;

“dealer’s licence” means a dealer’s licence granted or renewed under this Act;

“determined fee” means the fee determined by the Minister under section 101 for the purposes of the provision in which the expression occurs;

“employee”, in relation to a government agency, means a public servant holding office, or a person employed, in the agency;

“endorsed”, in relation to a dangerous weapon or restricted weapon, means endorsed in accordance with section 65;

“foreign dangerous weapons law” means a law of a State or another Territory relating to the possession or use of dangerous weapons, restricted weapons or prohibited weapons;

“government agency” means—

(a)an administrative unit;

(b)a Territory authority; or

(c)a department or authority of a State or another Territory;

“gun licence” has the same meaning as it had under the repealed Act;

“head”, in relation to a government agency, means the Commissioner for Public Administration, the Chief Executive who has control of the relevant administrative unit or other person who has administrative control of the agency;

“inoperable weapon” means a dangerous weapon or prohibited weapon that has been rendered inoperable in accordance with this Act;

“inoperable weapons licence” means an inoperable weapons licence granted or renewed under this Act;

“licence” means a licence granted under this Act;

“licensed dealer” means a dealer who holds a dealer’s licence;

“licensee” means the holder of a licence;

“military type”, in relation to a self-loading centre fire rifle, means a rifle that has been issued or is used by an armed force of the Commonwealth or of a foreign country or which the Registrar is satisfied replicates such a weapon;

“occupier”, in relation to premises, means a person who is, or is reasonably believed to be, in charge of the premises;

“pistol” means any dangerous weapon the overall length of which is less than 70 centimetres, or if the weapon has no stock, the length of the barrel of which is less than 40 centimetres;

“pistol grip weapon” means a weapon, other than a pistol, which is fitted with a pistol grip or a stock designed to fold, swivel telescope or be readily detachable;

“possession”, in relation to a dangerous weapon, restricted weapon or prohibited weapon, includes—

(a)the control of the weapon in any place, whether exclusively or in common with another person; or

(b)an ability to claim or obtain control of the weapon;

“premises” means the whole or any part of any land, building or other structure, vehicle, vessel, aircraft or place;

“principal”, in relation to a composite entity, means—

(a)in the case of a body corporate—a director or manager;

(b)in the case of a partnership—a partner; and

(c)in the case of a government agency—the head;

“prohibited weapon” means—

(a)a pistol grip weapon (other than such a weapon in respect of which a dangerous weapons licence is in force);

(b)a weapon, article or device specified in Schedule 3; or

(c)such other weapons, articles or devices as are prescribed for the purposes of this paragraph;

“public place” means any street, road, public park within the meaning of the Pubic Parks Act 1928, reserve or other place which the public are entitled to use or which is open to, or used by, the public, whether on payment of money or otherwise;

“Register” means the Register of Weapons kept in accordance with section 12;

“registered”, in relation to a dangerous weapon or restricted weapon, means registered in accordance with section 59;

“Registrar” means the Registrar of Weapons appointed under section 6;

“repealed Act” means the Gun Licence Act 1937 as in force immediately before the commencement date;

“restricted weapons licence” means a restricted weapons licence granted or renewed under this Act;

“restricted weapon” means a weapon, article or device specified in Schedule 2;

“self-loading”, in relation to a weapon, means a weapon which is capable of discharging, ejecting and loading a cartridge as a result of one pressure of the trigger;

“sell” includes offer or expose for sale, let on hire, barter or exchange;

“shooting gallery” includes a shooting gallery that is, or if dismantled is, portable;

“spare barrel”, in relation to a dangerous weapon, means—

(a)a barrel of a calibre different from the calibre of the barrel fitted to that weapon;

(b)a tube or sleeve which, when fitted to the weapon, would permit the discharge of a shot, bullet or other missile of a smaller calibre than a calibre for which the weapon was designed; or

(c)in the case of a pistol—a barrel of the same calibre as that fitted to the weapon;

“spear gun” means any article or device that is—

(a)capable of propelling a spear or similar instrument or thing;

(b)operated by a trigger or similar device; and

(c)designed or intended for use in water;

“starting pistol” means a dangerous weapon the purpose of which is for use in the starting of racing events in sporting competitions.

(2)  A person shall be taken to have possession of a dangerous weapon, restricted weapon or prohibited weapon if—

(a)the weapon is on or in any premises occupied by the person; or

(b)any part of that weapon is in his or her possession in such circumstances that—

(i)a division of parts of the weapon with some other person or persons is for an agreed purpose; and

(ii)if those parts were fitted together, they would constitute the weapon.

(3)  A reference in this Act to a dangerous weapon shall be read as including a reference to a spare barrel.

(4)  A reference in this Act to a dangerous weapon, restricted weapon or prohibited weapon shall be read as including a reference to a weapon that—

(a)but for the absence of, or defect in, some part or parts, would constitute such a weapon; or

(b)is reasonably capable of being converted into such a weapon.

(5)  Where a licence issued in the name or names of one or more of a number of partners is held for the purposes of the partnership, a reference in this Act to the holder of a licence shall be read as including a reference to any one of the partners who is concerned in, or takes part in, the management of the partnership’s business, whether or not the partner’s name appears on the licence.

(6)  For the purposes of this Act—

(a)a licence granted to a partner or partners on behalf of the partnership shall be taken to have been granted to the partnership;

(b)a licence granted to a person acting on behalf of a government agency shall be taken to have been granted to the agency;

(c)a thing done on behalf of a composite entity shall be taken to have been done by the entity; and

(d)a thing done in relation to a principal or employee of a composite entity shall be taken to have been done in relation to the entity.

(7)  For the purposes of this Act (other than section 92), a weapon owned by the Territory or a State or another Territory, being a weapon for which the head of a government agency is responsible, shall be taken to be owned by the agency.

Approved reasons

5.  (1)  For the purposes of this Act, a natural person is to be taken to have an approved reason for requiring a dangerous weapon if the person—

(a)is a member of an approved club;

(ab)is an authorised instructor;

(b)is a member of the A.C.T. Antique and Historical Arms Association Incorporated or is a person whom the Registrar is satisfied—

(i)is a collector of dangerous weapons as curiosities or ornaments; or

(iii)keeps with a licensed dealer, as a memento, a dangerous weapon that is operable;

(c)carries on business in the Territory in the ordinary course of which, at any one time, money in excess of the prescribed amount is received by the person other than during normal banking hours;

(d)in the ordinary course of his or her business or employment carries in the Territory, at any one time, a sum of money in excess of the prescribed amount from the place of that business or employment to a bank, building society or credit union for deposit;

(e)carries on business in the Territory the payroll for which, at any one time, ordinarily exceeds the prescribed amount;

(f)is the owner or occupier of a rural property, or is a relative of that person, and the weapon will be used in connection with farming or grazing activities on the property;

(g)is employed by a person referred to in paragraph (f) and is required by the owner or occupier to possess a dangerous weapon for the purposes of that employment;

(h)is employed by a composite entity that holds a dangerous weapons licence and is required by the entity to possess a dangerous weapon for the purposes of that employment;

(ha)is employed or engaged by—

(i)the Royal Society for the Prevention of Cruelty to Animals;

(ii)the Commonwealth Scientific and Industrial Research Organisation; or

(iii)a body, included in a prescribed class of bodies the principal objects of which are plant research or research into the cause, prevention or cure of diseases in animals, or the management of the welfare of animals;

and it is necessary for the person to possess a dangerous weapon in the course of that employment or engagement;

(i)is the owner or occupier of a shooting gallery;

(j)is, or is employed by, a licensed dealer and is required by him or her to possess a dangerous weapon for the purposes of that employment;

(m)is a recreational shooter or hunter in the Territory or in a State or another Territory;

(n)in the case of a dangerous weapon that is a pistol grip weapon—

(i)is a member of an approved club; and

(ii)participates in competitions in the use of such a weapon conducted by or in association with that club;

(na)is a registered veterinary surgeon, and the weapon is used in the course of carrying out his or her profession;

(nb)in the case of a crossbow—

(i)is a member of an approved archery club and the crossbow is used for the purpose of participating in a competition in the use of crossbows conducted by or in association with an approved archery club and the crossbow is not used for any other purpose; or

(ii)the crossbow is required for use in the course of scientific research;

(nc)in the case of a starting pistol—

(i)is a natural person who is an official in relation to sporting competitions conducted by a prescribed sporting organisation, and the starting pistol is used while he or she is acting in that capacity; or

(ii)is a prescribed sporting organisation;

(p)is entitled to immunity under the Diplomatic Privileges and Immunities Act 1967 of the Commonwealth, or to immunity under the Consular Privileges and Immunities Act 1972 of the Commonwealth or under regulations made for the purpose of section 9 of that Act, and has the written approval of the Chief of Protocol of the Commonwealth Department of Foreign Affairs and Trade to possess the weapon; or

(q)is a prescribed person or a person included in a prescribed class of persons.

(2)  For the purposes of this Act, a composite entity has an approved reason for requiring a dangerous weapon if—

(a)the entity—

(i)carries on business in the Territory in the ordinary course of which an employee is required to carry, at any one time, a sum of money which, or goods the value of which, is not less than the prescribed amount;

(ii)carries on business in the Territory as a security organisation; or

(iii)is an approved club; or

(b)in the case of a government agency—it is necessary for an employee to possess a dangerous weapon in the course of his or her employment.

(3)  In paragraphs (1) (f), (g) and (i), a reference in subsection (1) to a dangerous weapon shall be taken not to include a reference to a pistol.

(4)  Nothing in subsection (1) shall be taken to authorise the use of a pistol in the Territory for recreational shooting or hunting.

(4A)  Notwithstanding subsection (1), a natural person is not to be taken to have an approved reason for requiring a dangerous weapon that is a silencer unless the person is a person to whom paragraph (1) (ha) or (na) applies.

(5)  In subsection (1)—

“approved archery club” means—

(a)the Canberra Archery Club Incorporated or the Weston Valley Archery Club Incorporated; or

(b)any other body declared by the Registrar, by notice in the Gazette, to be an approved archery club for the purposes of this Act;

“relative” in relation to a person, means—

(a)a person related by blood, adoption or marriage to the first-mentioned person; or

(b)a person of the same or opposite sex to the first-mentioned person who lives with that person as his or her spouse on a bona fide domestic basis, although not legally married to him or her.

(6)  For the purposes of subsections (1) and (2)—

“the prescribed amount” means—

(a)$30,000; or

(b)if another amount is prescribed—that amount.

(7)  In subsection (2)—

“security organisation” means a corporation within the meaning of the Corporations Law, or a partnership, which carries on a business of providing—

(a)protection for persons; or

(b)transport or protection for the money or property of persons other than the corporation or partnership, but does not include a bank.

PART II—ADMINISTRATION

Registrar of Weapons

6.  The chief police officer may, by instrument, appoint a person who is a police officer who holds a rank of or above that of Superintendent to be the Registrar of Weapons.

Functions of the Registrar

7.  The Registrar has such functions as are conferred on the Registrar by this Act or any other law of the Territory.

Powers of the Registrar

8.  The Registrar has power to do all things that are necessary or convenient to be done for, or in connection with, the functions of the Registrar.

Directions by Minister

9.  (1)  The Minister may, by notice in writing given to the Registrar, give directions to the Registrar with respect to the performance of his or her functions or the exercise of his or her powers, otherwise than in relation to a particular case.

(2)  The Registrar shall comply with a direction under subsection (1).

Delegation

10.  The Registrar may, by writing signed by him or her, delegate any of his or her powers or functions under this Act.

Acting Registrar

11.  (1)  The chief police officer may appoint a person who is a police officer who holds a rank of or above that of Superintendent to act as Registrar—

(a)during a vacancy in the office of Registrar, whether or not an appointment has previously been made to the office; or

(b)during any period, or during all periods, when the Registrar is absent from duty or from the Territory or is, for any other reason, unable to perform the functions of the office;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

(2)  Anything done by or in relation to a person purporting to act under subsection (1) is not invalid because—

(a)the occasion for the appointment had not arisen;

(b)there was a defect or irregularity in connection with the appointment;

(c)the appointment had ceased to have effect; or

(d)the occasion for the person to act had not arisen or had ceased.

Register of Weapons

12.  (1)  The Registrar shall keep for the purposes of this Act a register to be known as the Register of Weapons.

(2)  The Registrar shall enter in the Register—

(a)in relation to each licence—

(i)the name and address of the licensee;

(ii)the licence number; and

(iii)particulars of the grant, renewal, suspension, cancellation or surrender of the licence;

(b)in the case of a dangerous weapons licence, particulars of—

(i)each weapon registered or endorsed on the licence and the date of registration or endorsement;

(ii)the date on which any dangerous weapon registered on the licence was acquired or disposed of;

(iii)the name and address of the person from whom each dangerous weapon registered on the licence was acquired; and

(iv)the name and address of the owner of each dangerous weapon endorsed on the licence;

(c)in the case of a restricted weapons licence—particulars sufficient to identify the weapon to which the licence relates; and

(d)such other particulars as are prescribed.

Reports, recommendations and guidelines

13.  (1)  The Registrar shall—

(a)if requested to do so by the chief police officer—prepare and furnish reports and recommendations to the Minister on matters referred to the Registrar by the chief police officer;

(b)by notice in the Gazette, determine guidelines for the security of premises in or on which dangerous weapons or restricted weapons are kept and for the safe custody of those weapons; and

(c)by notice in the Gazette, determine guidelines for rendering a dangerous weapon or prohibited weapon inoperable.

(2)  Section 6 of the Subordinate Laws Act 1989 applies to guidelines determined under subsection (1) as if paragraph 6 (1) (b) were omitted and the following paragraph substituted:

“(b)takes effect on the first day on which the guidelines are no longer liable to be disallowed under this section; and”.

(3)  A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.

(4)  The Registrar shall cause a copy of a determination under paragraph (1) (b) to be published in a daily newspaper published and circulating in the Territory.

Amnesty

15.  (1)  The Minister may, by notice published in the Gazette, specify an amnesty period for the purposes of section 16, 17 or 18.

(2)  No proceeding lies against a person in respect of the possession of a weapon surrendered to a police officer during an amnesty period.

(3)  The Minister shall cause a copy of a notice under subsection (1) to be published in a daily newspaper published and circulating in the Territory.

PART III—LICENCES

Division 1—Requirement to be licensed

Prohibited weapons

16.  (1)  A person shall not manufacture, have in his or her possession, use or cause or permit to be used, acquire, sell or otherwise dispose of, any prohibited weapon.

(2)  A person shall not knowingly import into, or export from, the Territory a prohibited weapon.

Penalty:

(a)if the offender is a natural person—200 penalty units or imprisonment for 2 years, or both;

(b)if the offender is a body corporate—1,000 penalty units.

Restricted weapons

17.  (1)  A person shall not manufacture, have in his or her possession, use, cause or permit to be used, acquire, sell or otherwise dispose of, a restricted weapon, except in accordance with a restricted weapons licence granted to the person in relation to that weapon.

(2)  A person shall not knowingly import into, or export from, the Territory a restricted weapon unless the person is the holder of a restricted weapons licence authorising the person to import the weapon into, or export the weapon from, the Territory.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

Dangerous weapons

18.  A person shall not possess or use a dangerous weapon, other than a spear gun, unless the person is the holder of a dangerous weapons licence on which the weapon is registered or endorsed, or the person is otherwise authorised under this Act to possess or use the weapon.

Penalty:

(a)if the offender is a natural person—100 penalty units or imprisonment for 12 months, or both;

(b)if the offender is a body corporate—500 penalty units.

Licensed dealers

19.  A person shall not deal in dangerous weapons or restricted weapons unless the person is the holder of a dealer’s licence.

Penalty:

(a)if the offender is a natural person—100 penalty units or imprisonment for 12 months, or both;

(b)if the offender is a body corporate—500 penalty units.

Inoperable weapons

19A.  A person shall not possess an inoperable weapon unless the person is the holder of an inoperable weapons licence.

Penalty:

(a)if the inoperable weapon was a dangerous weapon—100 penalty units or imprisonment for 12 months, or both;

(b)if the inoperable weapon was a prohibited weapon—200 penalty units or imprisonment for 2 years, or both.

Exemptions—general

20.  (1)  This Act does not apply to—

(a)a member of—

(i)the Australian Federal Police or a police force of a State or another Territory;

(ii)the Defence Force;

(iii)a visiting force within the meaning of the Defence (Visiting Forces) Act 1963 of the Commonwealth; or

(iv)the Australian Cadet Corps established under the Defence Act 1903 of the Commonwealth;

or a prison officer of a State or another Territory, who has a dangerous weapon, restricted weapon or prohibited weapon in his or her possession for use in the performance of his or her functions and duties as such a member;

(b)a member of the Council of the Australian War Memorial or of the staff of the Memorial who, in the performance of his or her functions and duties in accordance with the Australian War Memorial Act 1980 of the Commonwealth, has in his or her possession a dangerous weapon, restricted weapon or prohibited weapon, forming part of the memorial collection within the meaning of that Act;

(c)a member of the Council of the National Museum of Australia or of the staff of the Museum who, in the performance of his or her functions and duties in accordance with the National Museum of Australia Act 1980 of the Commonwealth, has in his or her possession a dangerous weapon, restricted weapon or prohibited weapon forming part of the memorial collection within the meaning of that Act; or

(d)a visitor to the Territory from a State or another Territory who—

(i)brings a dangerous weapon temporarily into the Territory; and

(ii)is the holder of a licence under a law of that State or other Territory relating to the possession or use of the weapon.

(2)  The regulations may—

(a)exempt a specified person or a person included in a specified class of persons from the requirements of all or any of the provisions of this Act;

(b)exempt a specified weapon or a weapon included in a specified class of weapons from the requirements of all or any of the provisions of this Act; or

(c)specify the circumstances, whether generally or in a particular case, in which an exemption applies.

Specific exemptions—possession or use of dangerous weapons and restricted weapons

21.  A licence is not required for, and a person shall be taken to be authorised to possess or use—

(a)a dangerous weapon or restricted weapon required by law to be carried on a ship or aircraft by the master or captain or a member of the crew of that ship or aircraft in the course of his or her duties as master, captain or member, as the case requires;

(b)a dangerous weapon that is a pistol modified to fire blank cartridges, or a starting pistol that is an imitation pistol, if the pistol is registered and the person is a member of a prescribed sporting organisation or a sporting organisation included in a class of prescribed sporting organisations, while the person is taking part in a sporting event conducted by or in association with that organisation;

(c)in the case of a dangerous weapon brought into the Territory temporarily by a person who is ordinarily resident in a State or another Territory if—

(i)the law of that State or other Territory does not require the person to hold a licence to possess or use the weapon;

(ii)it is brought into the Territory by the person for the purpose of enabling him or her to take part in a competition in the use of weapons of that kind held by or in association with an approved club; and

(iii)it is not used for any other purpose while in the Territory;

(d)a dangerous weapon if—

(i)the person is under the immediate supervision of an authorised instructor for the purpose of receiving instruction in the use of the weapon; and

(ii)the dangerous weapon used for that purpose is owned by the authorised instructor or by the approved club by which the instructor is authorised; or

(e)a dangerous weapon for the purpose of shooting at a shooting gallery at a show, fair or amusement centre while that person has the dangerous weapon in his or her possession or uses the weapon at the gallery under the immediate supervision of the owner of the weapon, or a person employed or engaged by the owner, who is the holder of a dangerous weapons licence on which the weapon is registered or endorsed.

Specific exemptions—possession of dangerous weapons and restricted weapons

22.  (1)  A licence is not required for, and a person shall be taken to be authorised to possess, a dangerous weapon or a restricted weapon if—

(a)in the case of a common carrier or warehouseman, or an employee of such a person—the person, in the ordinary course of his or her trade or business as a common carrier or warehouseman, has the weapon in his or her possession for the purpose of carrying it or storing it for another person;

(b)in the case of the personal representative of a deceased licensee—the personal representative has the weapon in his or her possession in the ordinary course of performing the duties of a personal representative;

(c)in the case of a person to whom the Registrar has refused the grant of a licence—

(i)the person has the weapon in his or her possession for the purpose of delivering or selling the weapon to a licensed dealer or surrendering it to the Registrar, as the case may be; and

(ii)the period of 7 days after the date on which the person was notified of that refusal has not expired; and

(d)in the case of a licensee whose licence has expired or is cancelled or surrendered and on whose licence a weapon is registered or endorsed—

(i)the person has the weapon in his or her possession for the purposes of delivering or selling the weapon to a licensed dealer or surrendering it to the Registrar, as the case may be; and

(ii)the period of 7 days after the date of expiration or surrender of the licence, or the date on which cancellation of the licence took effect, has not expired.

(2)  If a person who is authorised to possess a dangerous weapon under a law of a State or another Territory changes his or her ordinary place of residence to the Territory, a licence is not required for, and the person shall be taken to be authorised to possess, the weapon for a period of 28 days after the change.

(3)  Where a licensee is in possession of a dangerous weapon, not being a dangerous weapon registered on his or her licence, the licensee shall be taken to be authorised to possess the weapon—

(a)for a period of 7 days after the licensee obtains possession of that weapon; or

(b)if the weapon is delivered to a licensed dealer under section 58 for the purpose of its being rendered safe—the period of 7 days after the weapon was returned to the person by the dealer has not expired.

(4)  In this section—

“warehouseman” has the same meaning as in Part VI of the Mercantile Law Act 1962.

Authorised instructors

22A.  The Registrar or an approved club shall not authorise a person to give instruction in the use of dangerous weapons unless the person has, to the satisfaction of the Registrar, completed a course of training in instruction in the use of dangerous weapons approved by the Registrar.

Division 2—Dangerous weapons licences

Application for licence

23.  An application for a dangerous weapons licence shall be—

(a)in accordance with a form approved by the Registrar;

(b)executed by the applicant; and

(c)accompanied by the determined fee.

Grant of licence

24.  (1)  Subject to section 25, the Registrar shall grant a dangerous weapons licence if satisfied that the applicant for the licence—

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

(b)in the case of an applicant who is of or over the age of 18 years—requires a dangerous weapon for an approved reason;

(c)in the case of an applicant who is under the age of 18 years—

(i)is a member of an approved club; and

(ii)requires the licence in order to be able to take part in competitions in the use of dangerous weapons conducted by or in association with that club; and

(d)has—

(i)completed, to the satisfaction of the Registrar, a course of instruction approved by the Registrar and conducted by an authorised instructor; or

(ii)adequate training and experience in the safe handling of dangerous weapons.

(2)  Without limiting the generality of subsection (1), in determining whether or not an applicant is a fit and proper person to hold a dangerous weapons licence, the Registrar shall have regard to whether—

(aa)the applicant’s physical or mental condition is, in his or her opinion, likely to endanger the applicant or another person, or as a consequence of that condition, the applicant is likely to cause a breach of the peace involving the use of a weapon;

(a)the applicant, or in the case of an application by one or more of a number of partners for the purposes of the partnership, any of the partners, has, within the period of 8 years preceding the date of the application, been released (whether on parole or otherwise) after serving a term of imprisonment;

(b)in the case of an application by a body corporate—a director or manager of the body corporate has, within the period of 8 years preceding the date of the application, been released (whether on parole or otherwise) after serving a term of imprisonment; and

(c)the applicant—

(i)has, within the period of 8 years preceding the date of his or her application—

(A)been subject to a recognisance, entered into in the Territory or elsewhere, to keep the peace or to be of good behaviour;

(B)been a respondent to a restraining order within the meaning of Part X of the Magistrates Court Act 1930 or a corresponding order (other than a restraining order or corresponding order an appeal against the making of which has been upheld); or

(C)been the subject of a protection order under the Domestic Violence Act 1986 or a corresponding order (other than a protection order or corresponding order an appeal against the making of which has been upheld);

(ii)is a person in respect of whom—

(A)an interim restraining order is in force under the Magistrates Court Act 1930;

(B)an interim protection order is in force under the Domestic Violence Act 1986; or

(C)a corresponding order is in force; or

(iii)has, within the period of 8 years preceding the date of his or her application, had his or her licence cancelled under section 51, otherwise than on a ground referred to in subparagraph 51 (2) (b) (i) or (d) (ii).

(3)  Subsection (1) does not apply in relation to an applicant acting on behalf of a government agency.

(3A)  Where an application for a dangerous weapons licence is made on behalf of a composite entity, the Registrar shall, subject to subsection (1) and section 25, grant the licence if satisfied that the entity requires a dangerous weapon for an approved reason.

(4)  A course of instruction referred to in subparagraph (1) (d) (i) shall include instruction in the law relating to, and the safe handling of, dangerous weapons.

Refusal to grant licence

25.  (1)  The Registrar shall refuse to grant a licence under section 24—

(a)if the applicant is a person in respect of whom—

(i)a restraining order is in force under the Magistrates Court Act 1930;

(ii)a protection order is in force under the Domestic Violence Act 1986; or

(iii)a corresponding order is in force;

(b)if the applicant, or in the case of an application by one or more of a number of partners for the purposes of the partnership, any of the partners, has, within the period of 8 years preceding the date of the application, been convicted in the Territory or elsewhere of an indictable offence, whether on indictment or summarily; or

(c)in the case of an application by a body corporate—a director or manager of the body corporate has, within the period of 8 years preceding the date of the application, been convicted in the Territory or elsewhere of an indictable offence, whether on indictment or summarily.

(2)  Paragraph (1) (a) does not apply in relation to an applicant acting on behalf of a government agency.

(3)  The Registrar shall refuse to grant a licence under section 24 if the applicant refuses or fails to provide the Registrar with acceptable proof of his or her identity when requested by the Registrar to do so.

(4)  A reference in paragraphs (1) (b) and (c) to an indictable offence shall be read as a reference to an offence involving the use of a weapon, or actual or threatened violence.

Issue of licences to composite entities

26.  (1)  A dangerous weapons licence granted to a body corporate shall be issued in the name of the body corporate.

(2)  A dangerous weapons licence granted to a partner or partners on behalf of a partnership shall be issued in the name of the partnership.

(3)  A dangerous weapons licence granted to a person on behalf of a government agency shall be issued in the name of the agency.

Temporary licences—internationally protected persons

27.  (1)  The Chief Police Officer may, on written application, grant to a person a temporary dangerous weapons licence if satisfied that—

(a)the person to whom the application relates is a member of the staff of an internationally protected person whose duties include the protection of that person while in the Territory;

(b)the weapon to which the application relates is a pistol or revolver of not more than .45 calibre that is not fully automatic or capable of conversion to being fully automatic; and

(c)it would not be contrary to the public interest to grant the licence.

(2)  The Chief Police Officer may, in a temporary licence, specify conditions to which the licence is subject.

(3)  In subsection (1)—

“internationally protected person” has the same meaning as in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons a copy of which is set out in the Schedule of the Crimes (Internationally Protected Persons) Act 1976 of the Commonwealth.

Effect of licence

28.  (1)  Subject to this Act—

(a)a dangerous weapons licence (other than one referred to in paragraph (b)) authorises the licensee—

(i)in the case of a pistol grip weapon—to possess and use the dangerous weapon registered on the licence;

(ii)in the case of a dangerous weapon to which subparagraph 5 (1) (b) (ii) applies—to possess the dangerous weapon registered on the licence; and

(iii)in any other case—to possess and use a dangerous weapon registered or endorsed on the licence;

(b)a dangerous weapons licence granted to a composite entity, or to a person on behalf of a composite entity, authorises the licensee to possess a dangerous weapon registered on the licence; and

(c)a dangerous weapons licence granted to a person under the age of 18 years authorises him or her to possess and use a dangerous weapon registered or endorsed on the licence while that person is on a shooting range owned or occupied by an approved club and he or she is—

(i)under the immediate supervision of an authorised instructor; or

(ii)taking part in a competition in the use of dangerous weapons conducted by or in association with an approved club of which he or she is a member.

(2)  A licensee (other than a licensee who is under the age of 18 years) is to be taken to be authorised to possess a dangerous weapon registered on a dangerous weapons licence held by a person under the age of 18 years if the first-mentioned licensee—

(a)is a member of an approved club; and

(b)is accompanying the other licensee to or from an approved club, or a competition conducted by or in association with an approved club, and the weapon is in his or her possession for that purpose.

Division 3—Restricted weapons licences

Application for licence

29.  (1)  Application for a restricted weapons licence may be made to the Registrar.

(2)  An application shall—

(a)be in accordance with a form approved by the Registrar;

(b)be executed by the applicant; and

(c)be accompanied by the determined fee.

Grant of restricted weapons licence

30.  (1)  The Registrar shall grant a restricted weapons licence if satisfied that—

(a)the applicant for the licence is—

(i)of or over the age of 18 years; and

(ii)a fit and proper person to hold a restricted licence;

(b)the applicant proposes—

(i)to acquire a restricted weapon as a curiosity or for ornamental purposes; or

(ii)to use the weapon in a theatrical production;

(c)having regard to the nature of the weapon, reasonable provision has been made for the safekeeping of the weapon at the premises in or on which the weapon to which the application relates is to be kept; and

(d)the weapon to which the application relates—

(i)can be distinguished from other restricted weapons; and

(ii)is safe.

(2)  In considering whether or not to grant a restricted weapons licence, the Registrar shall have regard to whether or not it would be in the interests of public safety to grant the licence.

(3)  The Registrar shall refuse to grant a licence if the applicant refuses or fails to provide the Registrar with acceptable proof of his or her identity when requested by the Registrar to do so.

Return of licence

32.  If—

(a)the holder of a restricted weapons licence ceases to possess a restricted weapon to which the licence relates; or

(b)the licence expires and is not renewed;

the licensee shall not, without reasonable excuse, fail to return the licence to the Registrar within 7 days after ceasing to possess the weapon or that expiration.

Penalty:  10 penalty units.

Effect of licence

33.  A restricted weapons licence authorises the licensee to do, in respect of a restricted weapon, such of the following acts as are specified on the licence:

(a)to possess or use the weapon;

(b)to acquire or dispose of the weapon;

(c)to export or import the weapon;

(d)to manufacture the weapon.

Division 3A—Inoperable weapons licences

Application

33A.  An application for an inoperable weapons licence shall be—

(a)in accordance with a form approved by the Registrar;

(b)executed by the applicant; and

(c)accompanied by the determined fee.

Grant of inoperable weapons licence

33B.  (1)  The Registrar may grant, or refuse to grant, an inoperable weapons licence.

(2)  The Registrar shall grant an inoperable weapons licence if satisfied that—

(a)the applicant for the licence—

(i)has attained the age of 18;

(ii)is a member of the ACT Antique and Historical Arms Association Limited or is a collector (whether incorporate or unincorporate) of weapons of historical interest, or as mementos or for ceremonial or memorial purposes; and

(iii) is otherwise a fit and proper person to hold an inoperable weapons licence;

(b)the weapon is inoperable; and

(c)it would not be contrary to the public interest to grant the licence.

(2)  In determining whether or not an applicant is a fit and proper person to hold an inoperable weapons licence, the Registrar shall have regard to the matters to which he or she is required to have regard under subsection 24 (2) in relation to an application for a dangerous weapons licence.

Refusal to grant licence

33C.  The Registrar shall refuse to grant an inoperable weapons licence if, in relation to the applicant for the licence, a ground specified in section 25 exists on which the Registrar could refuse to grant a dangerous weapons licence.

Return of licence

33D.  If—

(a)the holder of an inoperable weapons licence ceases to possess an inoperable weapon to which the licence relates; or

(b)the licence expires and is not renewed;

the licensee shall not, without reasonable excuse, fail to return the licence to the Registrar within 7 days after ceasing to possess the weapon or that expiration.

Penalty:  10 penalty units.

Effect of licence

33E.  An inoperable weapons licence authorises the licensee to possess an inoperable weapon specified on the licence.

Division 4—Dealers’ licences

Application for licence

34.  (1)  Application for a dealer’s licence may be made to the Registrar.

(2)  An application shall—

(a)be in accordance with a form approved by the Registrar;

(b)be executed by the applicant; and

(c)be accompanied by the determined fee.

Grant of dealer’s licence

35.   (1)  The Registrar shall grant a dealer’s licence if satisfied that the premises to which the application relates are suitable for carrying on the business of a licensed dealer, and—

(a)in the case of a body corporate—each person who is involved in the direction, management or control of the business at each premises to which the application relates;

(b)in the case of an application by one or more of a number of partners for the purposes of the partnership—each member of the partnership and each person who is involved in the direction, management or control of the partnership at each premises to which the application relates; or

(c)in any other case—the applicant;

is a fit and proper person to hold a dealer’s licence.

(2)  In determining whether or not premises are suitable for carrying on the business of a licensed dealer, the Registrar shall have regard to—

(a)measures taken to secure the premises against unauthorised entry;

(b)whether or not adequate provision has been made for the safe custody of dangerous weapons or restricted weapons on the premises by means of safes, strongrooms or otherwise; and

(c)if the licence is not to be granted subject to a condition prohibiting the testing of dangerous weapons or restricted weapons on the premises—whether or not an efficient bullet recovery box or bullet stop is provided on the premises.

(3)  In determining whether or not an applicant is a fit and proper person to hold a dealer’s licence, the Registrar shall have regard to the matters referred to in paragraphs 24 (2) (a) to (c) (inclusive) as if the applicant were an applicant for a dangerous weapons licence.

Refusal to grant licence

36.  The Registrar shall refuse to grant a dealer’s licence if, in relation to the applicant for the licence, a ground specified in section 25 exists on which the Registrar could refuse to grant a dangerous weapons licence.

Effect of licence

38.  A dealer’s licence authorises the licensee to do, in respect of a dangerous weapon or restricted weapon, such of the following acts as are specified on the licence:

(a)to possess or use the weapon;

(b)to acquire or dispose of the weapon;

(c)to export or import the weapon;

(d)to manufacture the weapon;

(e)to test, repair or modify the weapon.

Alteration of premises

39.  (1)  A licensed dealer shall not alter premises to which his or her licence relates, except with the approval of the Registrar.

Penalty:  50 penalty units.

(2)  The Registrar may, on application by the holder of a dealer’s licence, approve the alteration of premises to which the licence relates.

(3)  An application shall—

(a)be in accordance with a form approved by the Registrar;

(b)be executed by the applicant; and

(c)be accompanied by the determined fee.

(4)  The Registrar shall grant an application to alter premises if satisfied, having regard to the matters referred to in subsection 35 (2), that the alteration will not affect the suitability of the premises for carrying on the business of a licensed dealer.

Dealer’s Book

40.  (1)  A licensed dealer shall keep in or on the premises to which the licence relates a book to be called the “Dealer’s Book”.

(2)  A Dealer’s Book kept by a licensed dealer shall be in a form approved by the Registrar.

(3)  Where—

(a)a licensed dealer manufactures, acquires, modifies, tests, repairs, sells or otherwise disposes of a dangerous weapon or restricted weapon; or

(b)a dangerous weapon or restricted weapon is surrendered to a licensed dealer under this Act;

the licensed dealer shall not, without reasonable excuse, fail to enter in the Dealer’s Book the prescribed particulars, within 24 hours after manufacturing, acquiring, modifying, testing or repairing, or selling or otherwise disposing of, the weapon, or of that surrender.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

(4)  A licensed dealer shall not fail to retain a Dealer’s Book until the expiration of the period of 7 years commencing on the date of the last entry made under subsection (3) in that book.

(5)  A licensed dealer shall not, if his or her licence—

(a)is cancelled or surrendered; or

(b)has expired and has not been renewed;

fail or refuse to forward to the Registrar, within 7 days after that cancellation, surrender or expiration, each Dealer’s Book kept by the licensee under this section.

(6)  A licensed dealer who, without reasonable excuse, contravenes subsection (1), (2), (4) or (5) is guilty of an offence punishable, on conviction—

(a)if the offender is a natural person—by a fine not exceeding 20 penalty units; or

(b)if the offender is a body corporate—by a fine not exceeding 100 penalty units.

Falsifying records etc.

41.  A licensed dealer shall not knowingly or recklessly—

(a)make any record in a Dealer’s Book of any matter in such a way that it does not correctly record the matter; or

(b)destroy, mutilate or falsify any record in a Dealer’s Book.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

Returns by licensed dealers

42.  (1)  A licensed dealer who, during a quarter manufactures, acquires, modifies, tests or repairs, or sells or otherwise disposes of, any dangerous weapon or restricted weapon, shall not, without reasonable excuse, fail to lodge with the Registrar a return in respect of that quarter.

Penalty:

(a)if the offender is a natural person—10 penalty units;

(b)if the offender is a body corporate—50 penalty units.

(2)  A return shall—

(a)be in accordance with a form approved by the Registrar; and

(b)be lodged with the Registrar within 14 days after the end of the quarter to which the return relates.

(3)  In this section—

“quarter” means a period of 3 months ending on the last day of December, March, June or September.

Keeping dangerous weapons etc.

43.  A licensed dealer shall not, without reasonable excuse, keep any dangerous weapon or restricted weapon in his or her possession in the course of carrying on the business of a licensed dealer at a place other than the premises to which the licence relates.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

Receiving dangerous weapons etc. for modification, testing or repair

44.  (1)  A licensed dealer shall not receive a dangerous weapon or restricted weapon tendered by a person for modification, testing or repair unless satisfied that the person—

(a)is—

(i)the holder of a licence on which the weapon is registered or endorsed; or

(ii)otherwise authorised under this Act to possess the weapon; and

(b)in the case of a dangerous weapon or restricted weapon tendered to the dealer for modification—is authorised under section 87.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

(2)  Subsection (1) does not apply in relation to the tendering of a dangerous weapon or restricted weapon by a person who is ordinarily resident in a State or another Territory if the person is not proscribed by a law of the State or other Territory from possessing the weapon in that State or other Territory.

Division 5—Licences generally

Applications—request for further information etc.

45.  The Registrar may, by notice in writing, require an applicant for a licence, the renewal of a licence, the registration or endorsement of a dangerous weapon on a dangerous weapons licence—

(a)to furnish to the Registrar, either orally or in writing, such further information relating to the application as is specified in the notice; and

(b)in the case of an application for a restricted weapons licence or the registration of a dangerous weapon on a dangerous weapons licence—to produce the weapon to the Registrar for the purposes of enabling the Registrar—

(i)to inspect the weapon for the purpose of identifying it; and

(ii)to determine whether the weapon is safe.

False or misleading statements

45A.  A person shall not provide information or make a statement to the Registrar knowing that it is false or misleading in a material particular.

Penalty:  50 penalty units or imprisonment for 6 months.

Form of licences

45B.  (1)  A dangerous weapons licence, temporary dangerous weapons licence, restricted weapons licence, inoperable weapons licence and dealer’s licence shall be in accordance with a form approved by the Registrar.

(2)  The regulations may make provision for—

(a)the inclusion in the form of a licence of a recent photograph of the person to whom the licence is granted; and

(b)arrangements in accordance with which photographs may be obtained.

Licences to be signed

46.  A person to whom a licence is granted under this Part shall not, without reasonable excuse, fail to sign his or her name in the place set apart on the licence for the signature of the licensee.

Penalty:  10 penalty units.

Conditions of licence

47.  (1)  The Registrar may, in a licence, specify conditions to which the licence is subject.

(2)  The conditions that may be specified in a licence may include such conditions as are reasonable in the interests of the safety of members of the public.

(3)  Where the Registrar is satisfied that, in the interests of the safety of members of the public—

(a)a condition specified in a licence should be varied or revoked; or

(b)the licence should be made subject to a condition;

the Registrar shall, by notice in writing served on the holder of the licence, require the holder, within 14 days after the date of the notice, to forward the licence to the Registrar.

(4)  After receipt by the Registrar of a licence under subsection (3) the Registrar shall—

(a)vary the licence; and

(b)return the licence to its holder.

(5)  The holder of a licence shall not—

(a)refuse or fail to comply with a requirement of the Registrar under subsection (3); or

(b)contravene a condition of a licence.

(6)  A person who, without reasonable excuse, contravenes subsection (5) is guilty of an offence punishable, on conviction—

(a)if the offender is a natural person—by a fine not exceeding 50 penalty units or by imprisonment for a term not exceeding 6 months, or both; or

(b)if the offender is a body corporate—by a fine not exceeding 250 penalty units.

Term of licence

48.  (1)  Subject to subsection (2), a licence, unless sooner surrendered or revoked, remains in force for the period of 2 years commencing on the date of grant of the licence but may be renewed in accordance with section 49.

(2)  A restricted weapons licence, unless sooner surrendered or revoked, remains in force until the period specified in the licence, being a period not exceeding 2 years, expires.

Renewal of licence

49.  The Registrar shall, on application being made, and on payment of the determined fee, before the expiration of the term of a licence, renew the licence—

(a)in the case of a restricted weapons licence—for such period, not exceeding 2 years, as is specified in the licence; and

(b)in any other case—for the period of 2 years;

commencing on the day immediately following the day on which, but for its renewal, the licence would have expired.

Issue of copy of licence

50.  (1)  Where the Registrar is satisfied that a licence in force under this Act has been lost, stolen or destroyed, the Registrar shall, upon payment of the determined fee, issue to the licensee a copy of the licence and that copy has, for the purposes of this Act, the same force and effect as the licence.

(2)  The holder of a licence which has been lost, stolen or destroyed shall not, without reasonable excuse, fail to notify the Registrar within 2 days of becoming aware of its being lost, stolen or destroyed.

(3)  A person who, without reasonable excuse, fails to comply with subsection (2) is guilty of an offence punishable, on conviction, by a fine not exceeding 10 penalty units.

Cancellation and suspension of licence—general

51.  (1)  Subject to this section, the Registrar may cancel a licence, or suspend a licence for such period as the Registrar thinks fit.

(2)  The Registrar shall not cancel or suspend a licence pursuant to subsection (1) unless satisfied that—

(a)a ground exists in relation to the licensee on which the Registrar may refuse to grant the licence;

(b)in the case of a dangerous weapons licence on which only one weapon is registered or endorsed—

(i)the licensee has ceased to require a dangerous weapon for an approved reason; or

(ii)the weapon has been modified otherwise than in accordance with an authority under section 87;

(ba)in the case of a dangerous weapons licence—

(i)on which more than 1 dangerous weapon is registered or endorsed; and

(ii)for which the approved reason for requiring the dangerous weapons is the same;

the licensee has ceased to require a dangerous weapon for that approved reason;

(c)in the case of a dangerous weapons licence granted to a composite entity—the entity has ceased to require a dangerous weapon for an approved reason;

(d)in the case of a dealer’s licence—

(i)the dealer has ceased to be a fit and proper person to hold the licence; or

(ii)the premises to which the licence relates have ceased to be suitable for carrying on the business of dealer;

(e)the licence was obtained by fraud or misrepresentation;

(f)the licensee has failed to comply with a condition specified on a licence; or

(g)the licensee has been convicted of an offence against this Act, or a law in force in a State or Territory relating to the possession or use of dangerous weapons, restricted weapons or prohibited weapons.

(2A)  Paragraph (2) (g) does not apply in relation to a person holding a licence on behalf of a government agency.

(3)  The Registrar shall cancel a licence if satisfied that a ground for the refusal of the grant of the licence, being a ground referred to in paragraph 25 (b) or (c), exists in relation to the licensee.

(4)  A licence shall not be taken to be in force during the period for which it is suspended.

(5)  Cancellation of a licence takes effect on the date on which the notice of cancellation is served on the licensee.

Surrender of licence following cancellation

51A.  A person whose licence is cancelled under section 51 shall, as soon as practicable, and in any event not later than 7 days, after being notified of the decision to cancel, give his or her licence to the Registrar or a police officer.

Penalty:  10 penalty units.

Surrender of dealer’s licence

52.  If a licensed dealer ceases to carry on business at the address to which the licence relates the licensee shall not, without reasonable excuse, fail to surrender the licence to the Registrar within 7 days of ceasing to carry on business at that address.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

Surrender etc. of weapons

53.  (1)  Where a dangerous weapons licence ceases to have effect, the former licensee shall not, without reasonable excuse—

(a)fail to deliver to the Registrar or a licensed dealer, within 7 days after the date on which the licence has ceased to have effect, each weapon registered or endorsed on the former licence that is in his or her possession; and

(b)if any of the weapons is delivered to a licensed dealer—fail to deliver to the Registrar, within 7 days after the date on which the licence has ceased to have effect, a statement by the former licensee specifying the name and address of the licensed dealer to whom each weapon was delivered, the date it was delivered and details of each weapon sufficient to identify it.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

(2)  Where a dangerous weapons licence ceases to have effect, and on the date it ceases to have effect a weapon registered or endorsed on the former licence is not in his or her possession, the former licensee shall not, without reasonable excuse, fail to deliver to the Registrar, within 7 days after that date, a statement of the whereabouts on that date of each weapon registered on the former licence.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

(3)  Where a restricted weapons licence ceases to have effect, the former licensee shall not, without reasonable excuse, fail to deliver to the Registrar, within 7 days after the date on which the licence has ceased to have effect—

(a)the restricted weapon to which the former licence relates; or

(b)a statement by the former licensee that he or she has, on a specified date, delivered the restricted weapon specified in the former licence to the licensed dealer specified in the statement.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

(4)  Where a dealer’s licence ceases to have effect, the former licensee shall not, without reasonable excuse—

(a)fail to deliver to the Registrar or a licensed dealer, within 21 days after the date on which the licence ceased to have effect, each dangerous weapon or restricted weapon on the premises to which the former licence relates, unless before the expiration of that period he or she ceases to be the owner of the weapon; and

(b)if any of the weapons is delivered to a licensed dealer—fail to deliver to the Registrar, within 7 days after the date on which the last weapon was delivered to the dealer in accordance with paragraph (a), a statement by the former licensee specifying the name and address of the licensed dealer to whom each weapon was delivered, the date it was delivered and details sufficient to identify it.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

(5)  For the purposes of subsections (1), (2), (3) and (4), a licence ceases to have effect if it has—

(a)been cancelled or suspended (whether under this or any other law of the Territory);

(b)been surrendered; or

(c)expired.

(6)  If a dangerous weapon or restricted weapon is delivered to the Registrar in accordance with subsection (1), (3) or (4), otherwise than by reason of its being surrendered or the relevant licence having expired, then—

(a)if—

(i)no appeal is lodged with the Administrative Appeals Tribunal against the Registrar’s decision to cancel the licence; or

(ii)an appeal is lodged with the Administrative Appeals Tribunal and the Registrar’s decision is upheld, the appeal is withdrawn, or is determined otherwise than by the decision of the Registrar being set aside;

the weapon is, for the purposes of section 92 as in force immediately before the commencement of the Weapons (Amendment) Act (No. 2) 1996, to be taken to have been surrendered to the Registrar; or

(b)if an appeal is lodged with the Administrative Appeals Tribunal and the Registrar’s decision to cancel, suspend or not renew the licence is set aside—the Registrar shall, within 7 days after the date of notification of the decision, return the weapon to the owner.

(7)  Where a dangerous weapon endorsed on a licence to which subsection (1) applies is delivered to the Registrar, the Registrar shall, within 7 days after that delivery, deliver the weapon to the owner, unless the Registrar would otherwise be entitled under this Act to be in possession of the weapon.

(8)  If a dangerous weapon or restricted weapon is delivered to a licensed dealer in accordance with subsection (1) or (4) (otherwise than by reason of its being surrendered or the relevant licence having expired), then, if an appeal is lodged with the Administrative Appeals Tribunal and the Registrar’s decision to cancel, suspend or not renew the licence is set aside, the licensed dealer shall, within 7 days after the date of notification of the decision, return the weapon to the owner.

Change of possession

54.  (1)  The holder of a dangerous weapons licence shall, within 7 days after the date on which the person ceased to possess a weapon registered or endorsed on the licence—

(a)give notice to the Registrar in writing setting out the prescribed particulars; and

(b)forward the licence to the Registrar for the purpose of that registration or endorsement being cancelled.

(2)  After varying a licence in accordance with subsection (1), the Registrar shall return the licence to the holder.

(3)  The holder of a restricted weapons licence shall, within 7 days after the date on which he or she ceased to possess the weapon, forward his or her licence to the Registrar.

(4)  A person who, without reasonable excuse, fails to comply with subsection (1) or (3) is guilty of an offence punishable, on conviction—

(a)if the offender is a natural person—by a fine not exceeding 20 penalty units; or

(b)if the offender is a body corporate—by a fine not exceeding 100 penalty units.

Change of address

55.  (1)  A licensee (other than a licensed dealer) shall not, without reasonable excuse, fail to notify the Registrar and to submit to the Registrar his or her licence within 7 days after a change of address entered in the Register in respect of that licensee.

Penalty:

(a)if the offender is a natural person—10 penalty units;

(b)if the offender is a body corporate—50 penalty units.

(2)  On receipt of a notification under subsection (1), the Registrar shall amend the licence and return it to its holder.

PART IV—REGISTRATION AND ENDORSEMENT

Division 1—Registration of weapons

Application for registration

56.  (1)  Application may be made to the Registrar by a person who is—

(a)the holder of a dangerous or inoperable weapons licence; and

(b)the owner of a dangerous or inoperable weapon;

for registration of the weapon on his or her licence.

(2)  An application shall—

(a)be in accordance with a form approved by the Registrar;

(b)be executed by the applicant; and

(c)be accompanied by—

(i)the applicant’s licence; and

(ii)the determined fee.

Approval of application

57.  (1)  Subject to subsection (2), the Registrar shall register a dangerous or inoperable weapon if satisfied that—

(a)the applicant is the owner of the weapon;

(b)the weapon is of a type suitable for use for the approved reason for which the applicant was granted his or her licence;

(c)in the case of a dangerous weapon—the applicant has an adequate knowledge of the law of the Territory relating to dangerous weapons and the safety practices relating to the type of weapon to which the application relates; and

(d)the weapon is safe.

(2)  Where application is made for registration of a dangerous weapon by a person authorised to possess a dangerous weapon under a foreign dangerous weapons law who changes his or her ordinary place of residence to the Territory, the Registrar shall approve the application if satisfied that—

(a)the applicant—

(i)is the owner of the weapon; and

(ii)has an adequate knowledge of the law of the Territory relating to dangerous weapons and the safety practices relating to the type of weapon to which the application relates;

(b)the weapon is of a type suitable for use for the approved reason for which the applicant was granted his or her licence; and

(c)the weapon is safe.

(3)  Where the Registrar approves an application for registration the Registrar shall register the weapon in accordance with section 59.

Refusal of registration—duties of licensee

58.  (1)  Where the Registrar refuses to register a dangerous weapon or inoperable weapon the licensee shall, not later than 7 days after the date of refusal—

(a)deliver the weapon to the Registrar or a licensed dealer; or

(b)if registration is refused on the ground that the weapon is not safe or inoperable, as the case requires —

(i)deliver the weapon to a licensed dealer for the purpose of its being rendered safe or inoperable, as the case requires; and

(ii)deliver to the Registrar a statement by the licensee specifying the name and address of the licensed dealer to whom the weapon was delivered for the purpose of its being rendered safe or inoperable, as the case requires, and the date it was delivered.

(2)  If a weapon is delivered to the Registrar in accordance with paragraph (1) (a), then—

(a)if—

(i)no appeal is lodged with the Administrative Appeals Tribunal against the Registrar’s decision to refuse to register the weapon; or

(ii)an appeal is lodged with the Administrative Appeals Tribunal and that decision is upheld, the appeal is withdrawn, or is determined otherwise than by the decision of the Registrar being set aside;

the weapon is, for the purposes of section 92 as in force immediately before the commencement of the Weapons (Amendment) Act (No. 2) 1996, to be taken to have been surrendered to the Registrar; or

(b)if an appeal is lodged with the Administrative Appeals Tribunal and the Registrar’s decision to refuse to register the weapon is set aside—the Registrar shall, within 7 days after the date of notification of the decision, return the weapon to the owner.

(3)  If a weapon is delivered to a licensed dealer in accordance with subsection (1) then, if an appeal is lodged with the Administrative Appeals Tribunal and the Registrar’s decision to refuse to register the weapon is set aside, the licensed dealer shall, within 7 days after the date of notification of the decision, return the weapon to the owner.

(4)  If a weapon is delivered to a licensed dealer in accordance with paragraph (1) (a) because registration has been refused (otherwise than on the ground that the weapon is not safe or inoperable, as the case requires), the licensee shall not fail to deliver to the Registrar, within 7 days after the date of refusal, a statement by the licensee specifying the name and address of the licensed dealer to whom the weapon was delivered and the date it was delivered.

(5)  A person who, without reasonable excuse, contravenes subsection (1) or (4) is guilty of an offence, punishable, on conviction, by a fine not exceeding 50 penalty units or imprisonment for 6 months, or both.

Registration

59.  Registration of a weapon under this Act is effected by the Registrar entering in the Register and on the licence in relation to that weapon the particulars referred to in subsection 12 (2).

Cancellation of registration

60.  (1)  Where the holder of a dangerous weapons licence has more than 1 dangerous weapon registered on his or her licence and the Registrar is satisfied that—

(a)the approved reason for which a particular weapon was required has ceased to exist; or

(b)the weapon is no longer suitable for use for the approved reason for which it was granted;

the Registrar shall cancel the registration of the weapon and alter the licence accordingly.

(1A)  Where, under section 49, a person has applied for the renewal of his or her dangerous weapons licence or inoperable weapons licence, the Registrar may require the applicant to produce to the Registrar any dangerous weapon or inoperable weapon registered on the licence for the purpose of determining whether or not the weapon is safe or inoperable, as the case requires.

(2)  If the Registrar is not satisfied that a weapon referred to in subsection (1) is safe or inoperable, as the case requires, the Registrar shall cancel the registration of the weapon, and alter the licence accordingly.

(3)  Where application is made by a licensee under section 49 in respect of a dangerous weapons licence on which a dangerous weapon is registered by reason only that the applicant is a member of an approved club, the Registrar shall cancel the registration of that weapon unless satisfied that the applicant has good reason to possess the weapon.

(4)  In determining whether or not a person has good reason to possess a dangerous weapon, the Registrar shall have regard to—

(a)the number of occasions on which the applicant has, in the preceding period of 2 years, attended an approved club for the purpose of using the weapon in a competition or activity conducted by or in association with the club;

(b)the types of competition or activity engaged in by that person as a member of an approved club; and

Interstate sales

78.  A person shall not sell a dangerous weapon or restricted weapon to another person (being a person who ordinarily resides in a State or another Territory), unless he or she has reasonable grounds for believing that the possession in that State or other Territory of such a weapon by that other person is not proscribed by a law of that State or other Territory.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

Spear guns—sale etc. to persons under 14 years of age

79.  (1)  A person who is under the age of 14 years shall not possess a spear gun.

Penalty:  10 penalty units.

(2)  A person shall not sell, lend or give a spear gun to another person, unless the other person, is or is reasonably believed to be, of or over the age of 14 years.

Penalty:  20 penalty units.

Production of licences etc.

80. (1)  Subject to subsection (2), a person who is carrying or has upon his or her person or under his or her immediate control, a dangerous weapon or restricted weapon, shall not, without reasonable excuse, refuse or fail to comply with a requirement of a police officer—

(a)to produce his or her licence for inspection by the police officer;

(b)in the case of a person who is otherwise authorised by this Act to possess or use a dangerous weapon or restricted weapon—to give reasonable proof that he or she is so authorised to possess or use the weapon; or

(c)to give the police officer particulars of his or her name and address.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

(2)  A person who fails to produce a licence to a police officer when required to do so under subsection (1) shall not be taken to have contravened that subsection if the person produces his or her licence to the Registrar within 3 days after the date of that request.

(3)  Where a police officer makes a requirement of a person under subsection (1), that person is not obliged to comply with that requirement unless, if requested to do so by that person, the officer produces to that person evidence that the officer is a police officer.

(4)  Subject to subsection (3), a person shall not give a police officer particulars of his or her name and address that are false or misleading in a material particular.

Penalty:

(a)if the offender is a natural person—10 penalty units;

(b)if the offender is a body corporate—50 penalty units.

Possession of weapon under another licence

81.  A licensee shall not possess a dangerous weapon that is registered on a licence which has been granted to another person unless—

(a)particulars of that weapon are endorsed on his or her licence; or

(b)the licensee is otherwise authorised by this Act to have that weapon in his or her possession.

Penalty:

(a)if the offender is a natural person—100 penalty units or imprisonment for 12 months, or both;

(b)if the offender is a body corporate—500 penalty units.

Safekeeping of weapons

82.  (1)  A licensee who lawfully has a dangerous weapon, other than a spear gun, a restricted weapon or inoperable weapon, in his or her possession shall keep the weapon in a locked container and under such conditions as to prevent another person from having access to the weapon without the specific consent of the owner.

Penalty:

(a)if the offender is a natural person—20 penalty units;

(b)if the offender is a body corporate—100 penalty units.

(1A)  It is a defence to a prosecution under subsection (1) if the defendant satisfies the court that he or she believed on reasonable grounds that he or she had complied with the guidelines determined under paragraph 13 (1) (b).

(2)  A person shall not keep a weapon that is loaded.

Penalty:

(a)if the offender is a natural person—20 penalty units;

(b)if the offender is a body corporate—100 penalty units.

(3)  Subsection (2) does not apply to a weapon that—

(a)is being used; or

(b)has been prepared for imminent use.

Lost, destroyed or stolen weapons

83.  (1)  Where a dangerous weapon or restricted weapon in the lawful possession of a person is lost, destroyed or stolen, the person shall, within 2 days after becoming aware of its loss, destruction or theft, notify the Registrar accordingly.

Penalty:

(a)if the offender is a natural person—20 penalty units;

(b)if the offender is a body corporate—100 penalty units.

Discharge etc. of weapons—public places etc.

84.  (1)  A person shall not, without reasonable excuse—

(a)have a dangerous weapon or restricted weapon in his or her possession in or near a street or public place; or

(b)discharge a dangerous weapon or restricted weapon in, near or onto a street or public place;

except with the written approval of the Registrar.

Penalty:

(a)if the offender is a natural person—100 penalty units or imprisonment for 12 months, or both;

(b)if the offender is a body corporate—500 penalty units.

(2)  A person shall not, without reasonable excuse, have a dangerous weapon or restricted weapon in his or her possession in a place (other than a street or public place) so as to endanger the life of another person.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

Discharge of weapons—general

85.  (1)  A person shall not, without reasonable excuse, discharge a dangerous weapon or restricted weapon on, onto or across—

(a)land, (other than land that is in or near a street or public place) that is—

(i)leased land; or

(ii)occupied pursuant to a licence granted by the Territory;

except with the written consent of the lessee or occupier of that land or other person apparently acting with the authority of the lessee or occupier; or

(b)any other land—except with the written approval of the Registrar.

Penalty:  50 penalty units or imprisonment for 6 months, or both.

(2)  Subsection (1) does not apply in relation to a person who is on a shooting range owned or occupied by an approved club if the person is taking part in a competition or activity conducted by or in association with the club.

Carriage or use of weapon—disregard for safety

86.  A person shall not carry or use a dangerous weapon or restricted weapon—

(a)in or on any premises in a manner likely to—

(i)injure, or endanger the safety of, another person;

(ii)cause reasonable fear of the infliction of injury; or

(iii)destroy or damage any property;

(b)with disregard for his or her own safety or for the safety of other persons; or

(c)while under the influence of alcohol or drugs.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

Modification of dangerous weapons

87.  (1)  In this section—

“length of the stock” means the distance from the front of the trigger, or if there is more than one trigger, from the front of the rearmost trigger, to the centre of the rear butt plate or stock.

(2)  A person shall not, except with the written approval of the Registrar, modify a dangerous weapon that is—

(a)a smooth bore shotgun or a combination smooth bore shotgun and rifle;

(b)a rifle, not being a combination smooth bore shotgun and rifle or an airgun; or

(c)an airgun—

(i)the barrel of which is rifled;

(ii)that has a front end cocking action known as the under lever principle or a pump-up or a pneumatic action;

(iii)that is designed to be used solely for tranquillising, immobilising, or administering vaccines or other medicines to, animals; or

(iv)that is capable of discharging projectiles in rapid succession by one pressure of the trigger.

Penalty:  50 penalty units or imprisonment for 6 months, or both.

(3)  A dangerous weapon referred to in subsection (2) shall be taken to have been modified if—

(a)in the case of a smooth bore shotgun or a combination smooth bore shotgun and rifle—

(i)the length of the barrel or, where it has more than one barrel, of the longer or longest barrel, is less than 40 centimetres;

(ii)the length of the stock is less than 30 centimetres;

(iii)it has no stock; or

(iv)the overall length is less than 70 centimetres;

(b)in the case of a rifle, not being a combination smooth bore shotgun and rifle or an airgun—

(i)the length of the barrel or, where it has more than one barrel, of the longer or longest barrel, is less than 40 centimetres;

(ii)the length of the stock is less than 30 centimetres;

(iii)it has no stock; or

(iv)the overall length is less than 80 centimetres; or

(c)in the case of an airgun referred to in paragraph (2) (c)—

(i)the length of the barrel is less than 40 centimetres;

(ii)the length of the stock is less than 30 centimetres;

(iii)it has no stock; or

(iv)the overall length is less than 70 centimetres.

(4)  In considering whether to give his or her authority under subsection (2), the Registrar shall have regard to the necessity for the modification and whether the giving of the authority would be likely to prejudice public safety.

(5)  An authority under this section ceases to have effect at the expiration of 6 months after the date of the authority.

Approval of modifications

88.  (1)  A person whom authority to modify a dangerous weapon has been given under subsection 87 (2) shall, not later than 7 days after its modification, produce the weapon to the Registrar for the purpose of enabling the Registrar to determine whether the weapon has been modified in accordance with that authority.

(2)  A person who, without reasonable excuse, fails to comply with subsection (1) is guilty of an offence punishable, on conviction—

(a)if the offender is a natural person—by a fine not exceeding 10 penalty units; or

(b)if the offender is a body corporate—by a fine not exceeding 50 penalty units.

(3)  If the Registrar is satisfied that a weapon referred to in subsection (1) has been modified in accordance with his or her authority, the Registrar shall, upon production to him or her of the licence upon which that weapon is registered make such alterations to that licence as are necessary.

Possession or use of modified dangerous weapons

89.  A person shall not have in his or her possession, or use, a dangerous weapon that has been modified otherwise than in accordance with the authority of the Registrar.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

Possession of ammunition

90.  (1)  A person shall not possess ammunition.

Penalty:

(a)if the offender is a natural person—10 penalty units;

(b)if the offender is a body corporate—50 penalty units.

(2)  Subsection (1) does not apply—

(a)in relation to—

(i)a licensed dealer or an authorised member;

(ii)ammunition of a kind that is capable of being discharged from a dangerous weapon registered or endorsed on a dangerous weapons licence held by the person;

(iii)a person who has the approval of the Registrar under subsection (4); or

(iv)ammunition kept by a person as a memento (whether or not the person is a person to whom subparagraph (iii) applies);

(b) if—

(i)a dangerous weapons licence held by a person has been cancelled, suspended or surrendered or has expired; or

(ii)a dangerous weapon registered or endorsed on a dangerous weapons licence has been disposed of or has ceased to be so registered or endorsed;

during the period of 28 days after that occurrence; or

(c)a person who has an approved reason for requiring a starting pistol, if the ammunition consists of blank cartridges for use in a starting pistol.

(3)  A person may apply in writing to the Registrar for approval to collect ammunition.

(4)  The Registrar may approve or refuse to approve the application.

(5)  The Registrar shall not give approval to an applicant purporting to be a collector of ammunition unless satisfied that—

(a)the applicant is a collector of ammunition; and

(b)the collection of ammunition does not consist of more rounds of ammunition that are identical as to—

(i)manufacturer;

(ii)date of manufacture;

(iii)calibre or type; or

(iv)if the ammunition bears a cartridge headstamp—the headstamp;

than the Registrar considers reasonable in the interests of the safety of members of the public.

Sale of ammunition

91.  (1)  A person, other than a licensed dealer or an authorised member, shall not sell ammunition.

Penalty:

(a)if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

(b)if the offender is a body corporate—250 penalty units.

(2)  A licensed dealer shall not sell ammunition to a person unless—

(a)the ammunition is of a kind capable of being discharged from a dangerous weapon of the kind registered or endorsed on a dangerous weapons licence held by the person and, at the time of the sale the person produces to the licensed dealer for inspection by the licensed dealer, the person’s dangerous weapons licence;

(b)in the case of the purchase of ammunition that is of a kind that is not capable of being discharged from a dangerous weapon of a kind registered or endorsed on a dangerous weapons licence held by the person—at the time of the sale, the licensed dealer is satisfied that the person has the approval of the Registrar under subsection 90 (4);

(c)in the case of a person resident in a State or another Territory—the licensed dealer has reasonable grounds for believing that the possession in that State or other Territory of such ammunition by that person is not proscribed by a law of that State or other Territory; or

(d)in the case of ammunition capable of being discharged from a starting pistol—the licensed dealer is satisfied that the person has an approved reason for requiring a starting pistol.

(3)  An authorised member shall not sell ammunition—

(a)otherwise than on premises owned or occupied by the relevant club;

(b)to a person who is not a member of the club, unless, at the time of the sale, the person is at the club for the purpose of taking part in a competition or activity conducted by or in association with the club; and

(c)unless the ammunition is of a kind capable of being discharged from a dangerous weapon registered or endorsed on the member’s licence, or from a dangerous weapon being used by a person referred to in paragraph (b), as the case may be.

(4)  A person who, without reasonable excuse, contravenes subsection (2) or (3) is guilty of an offence punishable, on conviction—

(a)if the offender is a natural person—by a fine not exceeding 50 penalty units; or

(b)if the offender is a body corporate—by a fine not exceeding 250 penalty units.

PART VII—MISCELLANEOUS

Compensation

92.  The owner of a weapon is entitled to compensation from the Territory if—

(a)immediately before the commencement of the Weapons (Amendment) Act (No. 2) 1996, the weapon was lawfully in his or her possession;

(b)the weapon is surrendered to the Registrar within 12 months after that commencement; and

(c)at the time of surrender the sale of the weapon was prohibited.

Disposal of uncollected weapons

92A.  The Registrar may dispose of a weapon in his or her possession for not less than 6 months if—

(a)the Registrar has made reasonable attempts to ascertain the whereabouts of the owner of the weapon; and

(b)there are no circumstances which would preclude the disposal of the weapon.

Certificates of safety

93.  If an applicant referred to in section 30, 57 or 60 produces to the Registrar a certificate signed by a licensed dealer stating that, in the opinion of a licensed dealer, the dangerous weapon the subject of the application is safe, the Registrar, in satisfying himself or herself for the purposes of that section, shall have regard to that certificate.

Conduct of directors, servants and agents

94. (1)  Where, for the purposes of a prosecution for an offence against this Act, it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show—

(a)that a director, servant or agent of the body, or a servant or agent of the person, had that state of mind; and

(b)that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority.

(2)  A reference in subsection (1) to the state of mind of a body or person includes a reference to—

(a)the knowledge, intention, opinion, belief or purpose of the body or person; and

(b)the body’s or person’s reasons for the intention, opinion, belief or purpose.

(3)  Any conduct engaged in on behalf of a body corporate or a natural person by a director, servant or agent of the body, or a servant or agent of the person, within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body or person unless the body or person establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct.

(4)  Where—

(a)a natural person is convicted of an offence against this Act; and

(b)the person would not have been convicted of the offence if subsections (1) and (3) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

(5)  A reference in this section to a director of a body corporate is to be read as including a reference to a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory.

(6)  A reference in this section to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct.

Third-party interests—complaints to Registrar

95.  (1)  A person may make a complaint to the Registrar regarding any matter arising out of the grant of a dangerous weapons licence or a restricted weapons licence.

(2)  A complaint shall—

(a)be in writing and signed by the complainant; and

(b)specify the grounds on which the complaint is made.

Investigations

96.  (1)  Where a complaint is made under section 95 the Registrar—

(a)may make such investigations of the subject-matter of the complaint as the Registrar thinks fit; and

(b)shall give notice of the making of the complaint and the grounds on which it is based to the person against whom the complaint is made.

(2)  The Registrar may cancel a licence if, after making investigations under subsection (1), he or she is satisfied that a ground exits on which the Registrar may cancel the licence.

(3)  For the purposes of this section, the Registrar may by writing signed by the Registrar require a person—

(a)to furnish to the Registrar information relevant to the investigation; or

(b)to produce to the Registrar such books, documents, or writing, or any dangerous weapon or restricted weapon, in his or her possession.

Evidentiary certificates

97.  In proceedings for an offence against this Act, a certificate signed by the Registrar stating that—

(a)at a specified time or during a specified period, a specified person was, or was not, the holder of a licence;

(b)a licence of a specified kind was, or was not, renewed or had expired on a specified day;

(c)a licence was granted or renewed subject to specified conditions;

(d)a specified licence granted to a specified person was cancelled on a specified day;

(e)a specified dealer’s licence granted to a specified person was suspended on a specified day for a specified period;

(f)a specified  dangerous weapon was, or was not, on a specified day, registered on a specified licence granted to a specified person;

(g)registration of a specified weapon was refused;

(h)at a specified time, a specified person was or was not a person to whom approval had been given under section 76, subsection 84 (1), paragraph 85 (b) or subsection 87 (2) or 90 (4);

(i)a specified dangerous weapon or pistol grip weapon was, or was not, at a specified time or during a specified period, endorsed on a specified dangerous weapons licence;

(j)an endorsement on a specified dangerous weapons licence was cancelled; or

(k)registration of a specified dangerous weapon was cancelled on a specified date for a specified reason;

is evidence of the matters stated in the certificate.

Review of decisions

98.  Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Registrar—

(a)under subsection 4 (1) that, for the purposes of the definition of “military type”, a self-loading centre fire rifle replicates a rifle that has been issued or is used by an armed force of the Commonwealth or of a foreign country;

(b)granting a licence under section 24, 30, 33B or 35;

(c)refusing to grant a licence under section 24, 25, 30, 33B, 35 or 36;

(d)refusing to approve an application under subsection 39 (2);

(e)specifying conditions or further conditions to which a licence is subject, or varying or cancelling conditions specified in a licence under section 33B or 47;

(f)refusing to renew a licence under section 49;

(g)refusing to issue a copy of a licence under section 50;

(h)cancelling or suspending a licence under subsection 51 (1);

(i)refusing to approve an application for registration of a dangerous weapon or inoperable weapon under section 57;

(j)cancelling the registration of a dangerous weapon or inoperable weapon under section 60;

(k)refusing to approve an application for endorsement of a dangerous weapon on a licence under section 64;

(l)cancelling the endorsement of a dangerous weapon on a licence under section 66;

(m)refusing to give his or her approval under section 76, subsection 84 (1), paragraph 85 (b) or subsection 87 (2) or 90 (4);

(n)refusing to alter a licence under subsection 88 (2); or

(o)cancelling a licence under subsection 96 (2).

Notification of decisions

99.  (1)  Where the Registrar makes a decision of the kind referred to in section 98, the Registrar shall cause notice in writing of the decision to be given—

(a)in the case of a decision to refuse to grant a licence under section 24, 25, 30, 35 or 36 or a decision referred to in paragraph 98 (d) or (i)—to the applicant;

(b)in the case of a decision referred to in subsection 96 (2)—to the complainant;

(c)in the case of a decision of the kind referred to in paragraph 98 (a) or (e)—to the applicant or licensee, as the case requires; and

(d)in any other case—to the licensee.

(2)  A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.

Service of notices on Registrar

100.  A notice that is required to be given to the Registrar may be given—

(a)by delivering the notice to the Registrar personally;

(b)by sending the notice by certified mail addressed to the Registrar; or

(c)by leaving the notice at the office of the Registrar with a person who is, or is reasonably believed to be, employed at that office.

Power of Minister to determine fees

101.  The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.

Regulations

102.  (1)  The Executive may make regulations, not inconsistent with this Act, prescribing matters—

(a)required or permitted by this Act to be prescribed; or

(b)necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)  Without limiting the generality of subsection (1), the regulations may—

(a)make provision in relation to—

(i)the marking of dangerous weapons with an identification mark;

(ii)the inspecting, examining and testing of dangerous weapons or restricted weapons; and

(iii)the purchase, sale or other disposition, of dangerous weapons or restricted weapons delivered to a licensed dealer; and

(b)prescribe, for offences against the regulations, penalties not exceeding—

(i)if the offender is a natural person—a fine of 10 penalty units; or

(ii)if the offender is a body corporate—a fine of 50 penalty units.

PART VIII—SAVINGS AND TRANSITIONAL

Interpretation

103.  In this Part—

“commencement date” means the date fixed under section 2.

Pistol grip weapons

104.  (1)  A person who, immediately before the commencement date was the holder of a gun licence under the repealed Act in respect of a pistol grip weapon shall, on and after that date, be deemed to be the holder of a dangerous weapons licence granted under section 24 of this Act in respect of that weapon.

(2)  As soon as practicable after the commencement date, the Registrar shall—

(a)grant a dangerous weapons licence to a person to whom subsection (1) applies; and

(b)register the weapon under this Act.

(3)  A dangerous weapons licence granted under subsection (2) remains in force—

(a)for the remainder of the period for which the gun licence, held by the person under the repealed Act immediately before the commencement date, would, but for this Act, have remained in force; or

(b)for the period of 3 months after the commencement date;

whichever is the greater.

(4)  For the purposes of paragraph (2) (b), sections 56 and 57 do not apply.

Transitional—general

105.  (1)  This section applies to a licence that was—

(a)granted under the repealed Act; and

(b)in force immediately before the commencement date.

(2)  On and after the commencement date—

(a)a licence to which this section applies continues in force for the remainder of the period for which it would, but for this Act, have remained in force; and

(b)the repealed Act continues to apply to the person who is the holder of that licence for the period for which it continues in force;

as if the repealed Act had not been repealed.

(3)  Where a licence to which this section applies continues in force—

(a)for a period not exceeding 3 months after the commencement date, the licence may be renewed—

(i)in accordance with the repealed Act as if that Act had not been repealed; or

(ii)in accordance with this Act; or

(b)for a period exceeding 3 months after the commencement date—the licence shall be renewed in accordance with this Act.

(4)  Where a person holds more than one licence of the kind to which subparagraph (3) (a) (i) applies, each of those licences shall be deemed to be renewable on the earliest of the dates for renewal of those licences.

SCHEDULE 1  Section 3

ACTS REPEALED

Gun Licence Act 1937
Gun Licence Act (No. 2) 1937
Gun Licence Act 1964
Gun Licence Act 1970
Gun Licence Act 1971
Gun Licence (Amendment) Act 1978
Gun Licence (Amendment) Act 1979

SCHEDULE 2           Subsection 4 (1)

RESTRICTED WEAPONS

Item	Description
1	Any imitation dangerous weapon or military ordnance, other than a child’s toy or a starting pistol that is an imitation pistol.
2	A walking stick or cane containing a sword.
3	A riding crop containing a knife or stiletto.

SCHEDULE 3           Subsection 4 (1)

PROHIBITED WEAPONS

Item

Description

2

An article commonly known as soft body armour.

3

Any article or device of a type or description commonly known as a knuckle-duster or metal knuckles or any similar article or device.

4

A sap glove, Blackjack, cosh, Billy club or any similar article.

5

A studded glove.

6

Any blowgun or blow pipe or any dart capable of being projected from a blowgun or blow pipe.

7

A weapon that is capable of propelling projectiles in rapid succession during 1 pressure of the trigger or that substantially replicates such a weapon in design, function or appearance.

7A

A weapon that—

(a)    is a self-loading centre fire rifle of a military type or that substantially replicates such a rifle in design, function or appearance;

(b)    is a self-loading rifle; or

 (c)    is a self-loading or pump action shotgun.

8

A weapon in the form of a pen or pencil, capable or being used for the discharge of gas, bullets, shot, dye or pyrotechnic flares.

9

A spear gun the overall length of which is less than 45 centimetres.

10

A weapon that substantially duplicates in appearance a walking stick, walking cane or umbrella.

11

A weapon capable of discharging by any means any irritant liquid, powder, gas or chemical or any pyrotechnic flare or dye.

12

Any irritant or poison gas—

(a)     bomb;

(b)     grenade;

(c)    rocket, having a propellant charge exceeding 100 grams;

(d)     missile, having an explosive or incendiary charge exceeding 7 grams; or

(e)    mine;

or similar device.

13

A weapon capable of expelling a projectile by the action of an explosive or other propellant and which has a bore in excess of 10 gauge, not being—

(a)    a dangerous weapon of the Very or rocket type designed for and used for life saving or distress signalling purposes;

(b)     an antique muzzle loading weapon; or

(c)    a rifle or shot gun manufactured before 1920.

14

A military style crossbow or a pistol crossbow.

15

A knife commonly known as a flick-knife having a blade that opens automatically by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife.

15A

A Butterfly or Balisong knife having a blade that opens by centrifugal force or manipulation and which is concealed within 2 folding half handles.

15B

A push dagger, push blade, urban skinner, urban pal, terminator or similar knife.

15C

A ballistic knife or similar article.

16

A device commonly known as a Taser Self Defence Weapon or Stun Gun or any similar device.

17

A knife commonly known as a star knife or any similar device.

17A

A Nunchaku, Nunchaku baton or similar article.

17B

An automatic or spring-loaded baton commonly known as a Tokushu Keibo, or similar article.

17C

An expandable straight or side handled baton.

17D

An expandable straight or side handled baton.

17E

An article commonly known as a Ninja Shobo or similar article.

17F

A modified article of clothing accessory or adornment used to disguise or conceal a weapon.

18

A flame-thrower.

19

A device commonly known as a Farallon Shark Dart or any similar device that is—

(a)    designed to expel, upon contact, any gas or other substance capable of causing bodily harm; and

(b)     reasonably capable of being carried concealed about the person.

20

A device commonly known as a Saunders ‘Falcon’ Hunting Sling or any other device in the nature of a hunting sling, catapult or sling shot designed for use with, or a component part of which is, a brace that fits or rests upon the forearm or upon another part of the body of the user and supports the wrist against the tension of elastic material used to project a projectile.

21

An article commonly known as ‘The Bowen Knife Belt’ or any article of similar design capable of concealing or disguising a knife or any similar article.

22

A weapon, having a barrel not less than 400 millimetres in length, of the Uberti or Armi-Jager brand, or any similar weapon fitted with a revolving cylinder designed to accept multiple rounds of ammunition which, when operated by mechanical or other means, introduces the rounds to a central firing position (commonly known as a revolving carbine).

NOTE

1.  The Weapons Act 1991 as shown in this reprint comprises Act No. 8, 1991 amended as indicated in the Tables below.

Table of Acts

Act Number  and year Date of notification in Gazette Date of commencement Application, saving or transitional provisions

Weapons Act 1991	8, 1991	3 Apr 1991	Ss. 1 and 2:  3 Apr 1991 Remainder:  3 Oct 1991  (see s. 2 (3))
Acts Revision (Position of Crown) Act 1993	44, 1993	27 Aug 1993	27 Aug 1993 (see s. 2)	—
Public Sector Management (Consequential and Transitional Provisions) Act 1994	38, 1994	30 June 1994	Ss. 1 and 2:  30 June 1994 Remainder:  1 July 1994 (see Gazette 1994, No. S142, p. 2)	Ss. 3, 5-12, 15 and 19
Administrative Appeals (Consequential Amendments) Act 1994	60, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994 Remainder:   14 Nov 1994 (see s. 2 (2) and Gazette 1994, No. S250)	—
Statute Law Revision (Penalties) Act 1994	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994 Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)	—
Statute Law Revision Act 1995	46, 1995	18 Dec 1995	18 Dec 1995	—
Weapons (Amendment) Act 1996	10, 1996	10 Apr 1996	Ss. 1 and 2:  10 Apr 1996 Ss. 3-37:  14 May 1996 (see Gazette 1996, No. S86) S. 38:  22 July 1996 (see Gazette 1996, No. S171)	—
Weapons (Amendment) Act (No. 2) 1996	18, 1996	17 May 1996	17 May 1996	—
as repealed by Firearms Act 1996	74, 1996	17 May 1997	Ss. 1 and 2: 20 Dec 1996 Remainder: 17 May 1997 (s 2(2) and Gaz 1997 No S135)

Table of Amendments

ad. = added or inserted   am. = amended     rep. = repealed   rs. = repealed and substituted

Provision  How affected

S. 4.......................................... am. No. 44, 1993; Nos. 38 and 60, 1994; Nos. 10 and 18, 1996

S. 5.......................................... am. No. 44, 1993; No. 46, 1995; Nos. 10 and 18, 1996

S. 13........................................ am. No. 10, 1996

S. 14........................................ am. No. 81, 1994

rep. No. 10, 1996

S. 16........................................ am. No. 81, 1994; No. 10, 1996

Ss. 17-19................................. am. No. 81, 1994

S. 19A..................................... ad. No. 10, 1996

Ss. 20, 21................................ am. No. 10, 1996

S. 22A..................................... ad. No. 10, 1996

S. 23........................................ rs. No. 44, 1993

S. 24........................................ am. No. 44, 1993; Nos. 10 and 18, 1996

S. 25........................................ am. No. 44, 1993; No. 10, 1996

S. 26........................................ rs. No. 44, 1993

S. 27........................................ rs. No. 10, 1996

S. 28........................................ am. No. 44, 1993; No. 18, 1996

S. 30........................................ am. No. 10, 1996

S. 31........................................ rep. No. 10, 1996

S. 32........................................ am. No. 81, 1994

Div. 3A of Part III (ss. 33A-    ad. No. 10, 1996

33E)

Ss. 33A-33E............................ ad. No. 10, 1996

S. 35........................................ am. No. 10, 1996

S. 36........................................ am. No. 44, 1993

S. 37........................................ rep. No. 10, 1996

Ss. 39-44................................. am. No. 81, 1994

Ss. 45A, 45B........................... ad. No. 10, 1996

Ss. 46, 47................................ am. No. 81, 1994

S. 50........................................ am. No. 81, 1994

S. 51........................................ am. No. 44, 1993; No. 10, 1996

S. 51A..................................... ad. No. 10, 1996

S. 52........................................ am. No. 81, 1994

S. 53........................................ am. No. 44, 1993; Nos. 60 and 81, 1994; No. 18, 1996

Ss. 54, 55................................ am. No. 81, 1994

S. 56........................................ am. No. 10, 1996

S. 57........................................ am. Nos. 10 and 18, 1996

S. 58........................................ am. Nos. 60 and 81, 1994; Nos. 10 and 18, 1996

S. 60........................................ am. No. 10, 1996

S. 64........................................ am. No. 44, 1993

S. 65........................................ rs. No. 44, 1993

Ss. 66, 67................................ am. No. 44, 1993; No. 81, 1994

S. 69........................................ am. No. 81, 1994

Ss. 72, 73................................ am. No. 10, 1996

S. 74........................................ rep. No. 81, 1994

ad. No. 10, 1996

Ss. 75, 76................................ am. No. 81, 1994

S. 77........................................ am. No. 44, 1993; No. 81, 1994; Nos. 10 and 18, 1996

Ss. 78-81................................. am. No. 81, 1994

S. 82........................................ am. No. 81, 1994; No. 10, 1996

Ss. 83-89................................. am. No. 81, 1994

Ss. 90, 91................................ am. No. 81, 1994; No. 10, 1996

S. 92........................................ rs. Nos. 10 and 18, 1996

S. 92A..................................... ad. No. 10, 1996

S. 98........................................ am. No. 10, 1996

S. 99........................................ am. No. 60, 1994

S. 102...................................... am. No. 81, 1994

Schedule 2............................. am. No. 10, 1996

Schedule 3............................. am. Nos. 10 and 18, 1996

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