STATUTORY RULES.
1940. No. 108.
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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulations under the National Security Act 1939,
Dated this Fourteenth day of June, 1940.
GOWRIE
Governor-General.
By His Excellency’s Command,
ROBERT G. MENZIES
Minister of State for Defence Co-ordination.
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National Security (Fire-arms and Explosives) Regulations.
Short title.
1. These Regulations may be cited as the National Security (Fire-arms and Explosives) Regulations.
Definitions.
2. In these Regulations unless the contrary intention appears—
“ammunition means any ammunition capable of being discharged from a fire-arm;
“authorized person” means any person authorized in writing by a Minister of State to be an authorized person for the purposes of these Regulations;
“bona fide vendor” does not include a dealer in second-hand goods;
“explosive substance” does not include petrol;
“fire-arm” means any weapon of any description from which any shot, bullet or other missile can be discharged or from which any noxious or irritant liquid, powder, gas, chemical or substance capable of causing any bodily harm can be emitted, or any part thereof, and includes an air gun.
Permit under law of State or Territory not to exempt from Regulations.
3. A person shall not be exempted from the provisions of these Regulations by reason of his holding any licence or permit under the law of any State or Territory of the Commonwealth to carry or have in his possession any fire-arm, ammunition or explosive substance.
Aliens not to possess fire-arm, ammunition or explosives.
4. An alien shall not be in possession of any fire-arm, ammunition or explosive substance.
*Notified in the Commonwealth Gazette on 14th June, 1940.
3462.—Price 3d.
Aliens to deliver fire-arms, ammunition and explosives.
5. Every alien who is in possession of any fire-arm, ammunition or explosive substance, shall forthwith deliver the fire-arm, ammunition or explosive substance, as the case may be, to a member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth at the Police Station nearest to that person’s place of residence or, if he is absent from his place of residence, at the Police Station nearest to the place where he is.
Power to prohibit possession of fire-arms by individual British subjects.
6. An authorized person may, by notice in writing addressed to any British subject––
(a) forbid the possession by that British subject of any fire-arm, ammunition or explosive substance; and
(b) require that British subject to deliver all fire-arms, ammunition or explosive substances in his possession to such person and within such time and in such manner as are specified in the notice.
Power to prohibit possession of fire-arms by specified classes of British subjects.
7. The Minister may, by notice published in the Gazette––
(a) forbid the possession by any person who belongs to any class of British subjects specified in the notice of any fire-arm, ammunition or explosive substance; and
(b) require any person who belongs to any class of British subjects specified in the notice to deliver all fire-arms, ammunition and explosive substances in his possession to such person and within such time and in such manner as are specified in the notice.
Return of fire-arms, ammunition and explosive substances.
8. Any British subject having any fire-arms, ammunition or explosive substance in his possession shall—
(a) within six days after the commencement of these Regulations, or in the case of a person resident more than fifty miles from the nearest Police Station, within ten days after such commencement; and
(b) within such time as is specified in any notice requiring him so to do,
furnish to a member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth at the Police Station nearest to that person’s place of residence or, if he is absent from his place of residence, at the Police Station nearest to the place where he is, a return of all fire-arms, ammunition and explosive substances in his possession.
Permit to purchase fire-arms and ammunition.
9.—(1.) An authorized person may issue to a British subject a permit to acquire from a bona fide vendor, subject to such conditions as are specified in the permit, such fire-arms, ammunition and explosive substances as may be specified in the permit.
(2.) A permit issued under the last preceding sub-regulation may be revoked at any time, and thereupon the person to whom it was issued shall immediately deliver the permit, and any fire-arms and ammunition in his possession, in the manner specified in regulation 7 of these Regulations.
Sale of fire-arms by bona fide vendors.
10. A bona fide vendor of fire-arms, ammunition or explosive substances may sell fire-arms, ammunition or explosive substances to a British subject who is in possession of a permit issued under regulation 9 of these Regulations to the extent specified and subject to any conditions contained in that permit.
Power to give directions to bona fide vendors.
11. An authorized person may, by notice in writing addressed to a bona fide vendor of fire-arms, ammunition or explosive substances, give any direction to that bona fide vendor as to the care, storage, treatment and disposal of those fire-arms, ammunition or explosive substances.
Prohibition of disposal except as authorized.
12. Except in accordance with the provisions of these Regulations, or of any permit issued under these Regulations, a person shall not sell or otherwise dispose of to any other person or purchase or otherwise acquire from any other person any fire-arm, ammunition or explosive substance unless authorized in writing so to do by an authorized person.
Conditions of permit not to be contravened.
13. A person shall not contravene any of the conditions specified in any permit issued in pursuance of these Regulations or fail to comply with any of the provisions of any notice served on him in pursuance of these Regulations.
Firearms, &c., to retain in custody.
14. The person to whom any fire-arm, ammunition or explosive substance is delivered in pursuance of these Regulations shall give a receipt therefor, and, subject to any direction by the Minister or authorized person, retain the fire-arm, ammunition or explosive substance, as the case may be, in a place of security and take all reasonable precautions to prevent its deterioration.
Power to enter and search.
15.—(1.) Any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth, if not below the rank of sergeant, or if thereto authorized in writing by a member of the Force not below that rank, may, at any time in the day or night, enter and search any premises or vessel or part thereof where any fire-arm, ammunition or explosive substance is or is suspected to be and, if necessary for that purpose, may break into and enter such premises or vessel or part.
(2.) A person shall not hinder or obstruct an authorized person or a member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth in the performance of any power or duty under these Regulations.
Offences to be continuing.
16. Where any person has failed to comply with any provision of these Regulations or of any permit or notice issued under these Regulations, whether that person has or has not been convicted of any offence against the National Security Act 1939 by reason of that failure, these Regulations shall be construed as requiring that person to comply with that provision on each and every day until he has complied with that provision.
Exemption from Regulations.
17. The provisions of these Regulations shall not apply in relation to any fire-arm, ammunition or explosive substance in the possession of a person by reason of his being a member of the Defence Force or of the Police Force of the Commonwealth or of a State or Territory or a Peace Officer under the Peace Officers Act 1925.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.