Weapons Amendment Regulations 2024 (WA)

Western Australia

Weapons Act 1999

Weapons Amendment Regulations 2024

Western Australia

Weapons Amendment Regulations 2024 Contents Weapons Act 1999

Weapons Act 1999

Weapons Amendment Regulations 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the Weapons Amendment Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on the day after that day.

3.Regulations amended

These regulations amend the Weapons Regulations 1999.

4.Regulation 3 amended

In regulation 3 insert in alphabetical order:

capsicum spray weapon means a spray weapon made or modified to be used to discharge oleoresin capsicum;

5.Regulation 7 amended

• (1)

  In regulation 7(1) delete “spray weapon made or modified to be used to discharge oleoresin capsicum” and insert:

   

capsicum spray weapon

• (2)

  In regulation 7(2) delete “spray weapon referred to in subregulation (1)” and insert:

   

capsicum spray weapon

Note: The heading to amended regulation 7 is to read:

Capsicum spray weapon prescribed (Act s. 7(3) and (4))

6.Regulation 10A inserted

After regulation 10 insert:

10A. Custodial officers excepted from Act s. 7 in relation to capsicum spray weapons

• (1)

  In this regulation —

custodial officer has the meaning given in the Young Offenders Act 1994 section 3(1).

• (2)

  A person does not commit an offence under section 7(1) of the Act only because the person, in the performance of the person’s functions as a custodial officer, carries or possesses a capsicum spray weapon.

• (3)

  A person does not commit an offence under section 7(2) of the Act only because the person, in the performance of the person’s functions as a custodial officer, carries or possesses a capsicum spray weapon in a manner that could reasonably be expected to cause someone —

  • (a)

    to be injured or disabled; or

  • (b)

    to fear that someone will be injured or disabled.

     
  7.Schedule 1 amended

In Schedule 1 item 15 delete “(not oleoresin capsicum)” and insert:

(other than a capsicum spray weapon)

8.Schedule 2 amended

• (1)

  After Schedule 2 item 3 insert:

   

3A. Capsicum spray weapon A spray weapon made or modified to be used to discharge oleoresin capsicum.

• (2)

  Delete Schedule 2 item 17.

K. COLLERAN, Clerk of the Executive Council