Weapons Prohibition Amendment (Miscellaneous) Regulation 2009 (NSW)

2009 No 548

New South Wales

Weapons Prohibition Amendment

(Miscellaneous) Regulation 2009

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.

MICHAEL DALEY, MP

Minister for Police

Explanatory note
The objects of this Regulation are:

(a)	to make further provision in respect of permits for historical or commemorative re-enactment events involving the possession and use of prohibited weapons, including notice that must be given in relation to such events, and
(b)	to provide an exemption from the requirement to obtain a prohibited weapons permit for a laser pointer or similar laser emitting device for persons who hold a firearms licence or permit, but only in relation to the use of such a device in connection with a firearm to which the firearms licence or permit applies, and
(c)	to provide interstate visitors with an exemption from the requirement to obtain a permit to possess or use a prohibited weapon if they are participating in authorised historical or commemorative re-enactment events.

This Regulation is made under the Weapons Prohibition Act 1998, including sections 6 (4) and 50 (the general regulation-making power).

Published LW 27 November 2009	Page 1
2009 No 548
Clause 1	Weapons Prohibition Amendment (Miscellaneous) Regulation 2009

Weapons Prohibition Amendment (Miscellaneous)

Regulation 2009

under the

Weapons Prohibition Act 1998

1      Name of Regulation

This Regulation is the Weapons Prohibition Amendment
(Miscellaneous) Regulation 2009.

2      Commencement

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

2009 No 548

Weapons Prohibition Amendment (Miscellaneous) Regulation 2009

Amendment of Weapons Prohibition Regulation 2009	Schedule 1
Schedule 1	Amendment of Weapons Prohibition Regulation 2009

[1]      Clause 21 Re-enactment event permit

Omit clause 21 (3) (a). Insert instead:

(a) the permit holder must notify the police officer in charge of a police station that is nearest to the place at which the relevant historical or commemorative re-enactment event is to take place about the event not more than 7 days before the event takes place,

[2]      Clause 21 (4) and (5)

Insert after clause 21 (3):

(4)

An applicant for a prohibited weapons—re-enactment event permit must provide the Commissioner with the following information:

(a)	the location of the event,
(b)	the kinds of prohibited weapons that are to be present at the event,

(c) the security measures that will be put in place at the event. A prohibited weapons—re-enactment event permit may be issued in relation to historical or commemorative re-enactment events held on one or more days or held on a periodic basis.

(5)

[3]      Schedule 1 Persons exempt from requirement for permit

Omit clause 10 of the Schedule. Insert instead:

10 Possession and use of laser pointers

The following persons are exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 4 (8) of Schedule 1 to the Act:

(a)	a person who is (or has been within an approved period) a member of an approved astronomical organisation, but only for the purpose of enabling the person to take part in activities associated with astronomy,
(b)	a person who is the holder of a licence or permit under the Firearms Act 1996, but only in relation to its use in connection with a firearm to which the licence or permit under that Act applies.

2009 No 548

Weapons Prohibition Amendment (Miscellaneous) Regulation 2009

Schedule 1 Amendment of Weapons Prohibition Regulation 2009

11      Exemption for interstate re-enactment participants

A person who:

(a)	is a resident of another State or Territory, and
(b)	is the holder of a permit issued under the law in force in that State or Territory that is the equivalent of a permit issued under the Act,

is exempt from the requirement under the Act for a permit to possess or use a prohibited weapon to which the equivalent permit (as issued by the other jurisdiction) relates, but only for the purpose of enabling the person to participate in an historical or commemorative re-enactment event for which a prohibited weapons—re-enactment event permit has been issued.