Weapons Prohibition Act 1998 (NSW)

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Game and Feral Animal Legislation Amendment (Conservation Hunting) Bill 2025 [Non-government Bill— the Hon Robert Borsak, MLC]

An Act to prohibit and control the possession and use of certain weapons; to repeal the Prohibited Weapons Act 1989; to amend certain other Acts; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Weapons Prohibition Act 1998.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Principles and objects of Act(1)

The underlying principles of this Act are—

  • (a)

    to confirm that the possession and use of prohibited weapons is a privilege that is conditional on the overriding need to ensure public safety, and

  • (b)

    to improve public safety by imposing strict controls on the possession and use of prohibited weapons.

(2)

The specific objects of this Act are as follows—

  • (a)

    to require each person who possesses or uses a prohibited weapon under the authority of a permit to have a genuine reason for possessing or using the weapon,

  • (b)

    to provide strict requirements that must be satisfied in relation to the possession and use of prohibited weapons,

  • (c)

    to provide an amnesty period to enable the surrender of prohibited weapons.

4Definitions(1)

In this Act—

apprehended violence order means—

  • (a)

    a final apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007, or

  • (b)

    a final order made under Part 15A of the Crimes Act 1900 before its repeal, or

  • (c)

    an order or a decision under an Act or law of a place other than New South Wales, being an order or a decision that is prescribed for the purposes of this definition by the regulations.

approved means approved by the Commissioner from time to time.

authorised employee of an authorised theatrical weapons armourer or authorised weapons dealer means a person who—

  • (a)

    is an employee of the armourer or dealer concerned, and

  • (b)

    is eligible to be issued with a permit, and

  • (c)

    is authorised in writing by the Commissioner.

authorised officer means a person who is authorised by the Commissioner for the purposes of this Act.

authorised theatrical weapons armourer means a theatrical weapons armourer who is the holder of a theatrical weapons armourer permit.

authorised weapons dealer means a weapons dealer who is the holder of a weapons dealer permit.

buy includes—

  • (a)

    purchase by wholesale, retail, auction or tender, and

  • (b)

    hire, and

  • (c)

    take possession under a hire-purchase agreement, and

  • (d)

    cause or permit anything referred to above.

Commissioner means the Commissioner of Police.

community correction order has the same meaning as in the Crimes (Sentencing Procedure) Act 1999.

conditional release order has the same meaning as in the Crimes (Sentencing Procedure) Act 1999.

exercise a function includes perform a duty.

function includes a power, authority or duty.

genuine reason means a genuine reason as referred to in section 11.

holder of a permit means the person to whom it…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.