Weapons Prohibition Amendment (Sheriff's Officers) Regulation 2003 (NSW)

2003 No 169

New South Wales

Weapons Prohibition Amendment

(Sheriff’s Officers) Regulation 2003

under the

Weapons Prohibition Act 1998

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Weapons Prohibition Act 1998.

MICHAEL COSTA, M.L.C.,

Minister for Police

Explanatory note
The object of this Regulation is to exempt Sheriff’s officers acting in the course of their employment from the requirement to have a permit under the Weapons Prohibition Act 1998 to carry and use oleoresin capsicum spray.

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

Published in Gazette No 49 of 21 February 2003, page 2259	Page 1
2003 No 169
Clause 1	Weapons Prohibition Amendment (Sheriff’s Officers) Regulation 2003

Weapons Prohibition Amendment (Sheriff’s Officers)

Regulation 2003

under the

Weapons Prohibition Act 1998

1      Name of Regulation

This Regulation is the Weapons Prohibition Amendment (Sheriff’s
Officers) Regulation 2003.

2 Amendment of Weapons Prohibition Regulation 1999

The Weapons Prohibition Regulation 1999 is amended as set out in

Schedule 1.

Page 2

2003 No 169

Weapons Prohibition Amendment (Sheriff’s Officers) Regulation 2003

Amendment	Schedule 1
Schedule 1 Amendment

(Clause 2)

Schedule 1 Persons exempt from requirement for permit

Insert after clause 3:

3A

Possession and use of capsicum spray by Sheriff’s officers

(1)	A Sheriff’s officer is exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 2 (22) (d) of Schedule 1 to the Act, but only when acting in the course of employment as a Sheriff’s officer, and only if the Commissioner is satisfied that the officer has been trained in the use of the prohibited weapon in a manner approved by the Commissioner.
(2)	It is a condition of the exemption referred to in this clause that the person to whom the exemption relates must store or keep the prohibited weapon concerned in a safe and secure manner when it is not being used.
(3)	The failure to comply with the condition under subclause (2) is an offence.

Maximum penalty: 50 penalty units.

BY AUTHORITY

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