Weapons Prohibition Amendment (COVID-19) Regulation 2020 (NSW)

New South Wales

Weapons Prohibition Amendment

(COVID-19) Regulation 2020

under the

Weapons Prohibition Act 1998

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Weapons Prohibition Act 1998.

DAVID ELLIOTT, MP

Minister for Police and Emergency Services

Explanatory note

The object of this Regulation is to modify provisions of the Weapons Prohibition Regulation 2017 (the

Regulation) in response to the COVID-19 pandemic.

This Regulation—

(a)	extends certain time periods specified in the Regulation in circumstances where a person is restricted or prevented from complying with those periods because of the operation of an order made under section 7 of the Public Health Act 2010 relating to the COVID-19 pandemic (a COVID-19 order), and
(b)	exempts the secretary or relevant office holder of a club from complying with a requirement to notify certain particulars to the Commissioner of Police in circumstances where that compliance is restricted or prevented because of the operation of a COVID-19 order, and
(c)	makes a miscellaneous amendment.

This Regulation is made under the Weapons Prohibition Act 1998, including section 50 (the general regulation-making power).

Weapons Prohibition Amendment (COVID-19) Regulation 2020 [NSW]

Weapons Prohibition Amendment (COVID-19) Regulation 2020

under the

Weapons Prohibition Act 1998

1      Name of Regulation

This Regulation is the Weapons Prohibition Amendment (COVID-19) Regulation

2020.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Weapons Prohibition Amendment (COVID-19) Regulation 2020 [NSW]

Schedule 1 Amendment of Weapons Prohibition Regulation 2017

Schedule 1	Amendment of Weapons Prohibition Regulation
2017

[1]      Clause 7 Application for permit

Omit clause 7(1)(a). Insert instead—

(a) send or lodge the application in writing in the approved form to or at the Firearms Registry of the NSW Police Force or another approved place,

[2]      Clause 51

Insert after clause 50—

51 Repeal of Schedule 2

(1)	Schedule 2 is repealed on the day that is 12 months after the day on which the
Weapons Prohibition Amendment (COVID-19) Regulation 2020 commences.
(2)	Anything done, or omitted to be done, pursuant to a provision of Schedule 2, or any modification of a period of time by a provision of Schedule 2, remains as legally effective after the repeal of the Schedule as it was before the repeal.

[3]      Schedule 2

Insert after Schedule 1—

Schedule 2 COVID-19 pandemic—special provisions

Part 1 Preliminary

1      Object of Schedule

The object of this Schedule is to modify provisions of this Regulation in response to the COVID-19 pandemic.

2      Relationship of Schedule with other provisions of this Regulation

The provisions of this Schedule apply despite anything to the contrary in this
Regulation.

3      Definition of “relevant conditions”

In this Schedule, the relevant conditions apply if—

(a)	an order made under section 7 of the Public Health Act 2010 relating to a risk to public health arising from the COVID-19 pandemic is in force, and
(b)	the terms of that order operate to prevent or restrict a person’s ability to comply with a provision of this Regulation that this Schedule modifies.

Part 2 Modification of Regulation

4      Collection of subsequent permit

If the relevant conditions apply, the period of 60 days prescribed in clause
10(2) of this Regulation is taken to be a period of 12 months.

Weapons Prohibition Amendment (COVID-19) Regulation 2020 [NSW]
Schedule 1 Amendment of Weapons Prohibition Regulation 2017

5      Notification of particulars by club to Commissioner

If the relevant conditions apply, a secretary or other relevant office holder of a club is not required to comply with clause 43(2) of this Regulation.

6      Exemption for interstate residents moving to this State

If the relevant conditions apply, the period of 3 months prescribed in clause 8 of Schedule 1 to this Regulation is taken to be a period of 12 months.