The Communists are coming.
Owen Guns
24 McMahon Road
Gympie QLD 4570
PO Box 872
Gympie QLd 4570
Ph: (07) 5482 4099
Fax: (07) 5482 4718
Enquiries
24 McMahon Road
Gympie QLD 4570
PO Box 872
Gympie QLd 4570
Ph: (07) 5482 4099
Fax: (07) 5482 4718
Enquiries
owenguns@spiderweb.com.au
If you know any Gun Owners in Queensland that do not want any more restrictions placed on them ask them to put in a submission, if they cannot do it, do one for them.
There are 200,000 shooters in the state of Queensland, many hundreds of clubs, many hundreds of Firearm Dealers, there are over 3600 email address that receive the Owen Guns Bulletin, most are located in Queensland, yet to date Police sources report that only 200 submissions have been received by the Ministers office in opposition to the new Weapons Draft legislation.
The submissions can be sent electronically by email before the 14th of September 2010. These impending laws will be another huge burden on every firearm owner in this state. More guns will have to be handed in, Licences will be much harder to get, PTAs (permit to acquire) will be harder to get, fee increases of 126%, your safe has to be in a locked room, your guns have to have trigger locks, even Daisy air guns. you will be the hunted.
If more shooters do not put in a submission they will deduce that the balance of the shooting population are in favour of the impending legislation.
A submission needs only be a few lines from a Queensland voters stating.
That the new draft Weapons legislation imposes more obstructive burdens on law abiding shooters, with less protection for the general community from criminal use.
Or select any of the excerpts, sections from the draft Weapons Act & Regulations, at the bottom of this page and cut and past into and email say you don’t agree with it and send it as a submission.
Use any of the material on these pages. Such as this further Submission
Public submissions close September 14. 2010. So do it now.
Please write and email, use the power of the computer to send your personal letter to the politicians, use the links below to send to as many Queensland politicians as possible.
Weapons Act Review Secretariat: Click here to e-mail the Weapons Act Review Secretariat
Weapons Secretariat Postal Address
The Secretariat
Weapons Act Review
Level 2, Tourism House
30 Makerston Street
GPO Box 1440
BRISBANE QLD 4001
Make sure you always include your name and address. That way you will be taken seriously.
QLD Gov Ministers: Click here to e-mail all Gov Ministers
QLD Shadow Gov Ministers: Click here to e-mail all Shadow Gov Ministers
Draft of the Weapons Bill 2010 ( 879 KB) and the Draft Weapons Regulation 2010 ( 891 KB
To
David Smith
Chief of Staff
Office of the Minister for Police, Corrective Services
and Emergency Services
23 August 2010
From
Ron Owen
24 Mc Mahon Rd
Gympie, 4570
0754825070
Re- Second Submission to Weapons Bill 2010 and draft Weapons Regulation 2010.
Re – Response To Police Minister Robertson Concerning First Submission to Weapons Bill 2010 and draft Weapons Regulation 2010.
Dear Sir.
You state, that “Community safety is a priority of the Bligh Government.” Yet disarm and leave defenceless the law abiding members of our community and encourage the lawless by leaving those good people defenceless.
You state, that “The Government considers weapons control and the associated licensing and registration systems are fundamentally important components to making our communities as safe and secure as possible.” Yet have not supplied any evidence, or any argument to prove that licensing and Registration of firearms makes our communities any more secure or safe. Please respond to my first submission requesting this information. How many Home invasions would have been prevented if the Criminals knew that there intended victims were armed? Would they have proceeded with the home Invasion?
You State, “This Government is committed to ensuring the weapons laws work for all Queenslanders.” Yet the imposition of these laws only ensured that good Queenslanders pay millions of dollars per years, work through countless meaningless forms to keep hundreds of Police and staff busy wasting everyones time and money. For no reason at all except creating more crime figures which creates more police. Its called Parkinsons Law.
You State , “the Weapons Act Review Committee (the Committee), represented by weapons industry stakeholders, was established. The Committee considered an extensive list of proposed amendments for inclusion in the draft Weapons Bill 2010.” There story is that they did not accept any of it and there recommendations were not used. That this is Police written legislation to further their cause for more jobs for the boys.
You State, “The material you submitted has been forwarded to the Weapons Act Review Secretariat for consideration as part of the review.” Why did you not respond to any of the points in my submission, except the Cost Increases?
You State, “Cost increases, weapons licensing fees in Queensland have historically been held at artificially low levels. All costs associated with the implementation of national uniform firearms controls have been absorbed over time.” You were given Millions from the Medicare levy from the Federal government to impose that set of restrictions on the good citizens of Queensland, Hundred maybe thousands have died waiting for a hospital bed, due to the waste of the first 500 million. If you want some more money ask your ex Director of Administration Mr Robert Carson to show you how they paid money to XXXX and Superman, Batman, Mickey Mouse and each other, during the buy back process. If you cannot find a copy please ask and I will show you how they paid $2 million just for cardboard boxes. The law abiding firearm owners of Queensland should not be asked to pay for Police corruption.
You say, “The costs associated with the management, licensing and registration of weapons in Queensland have increased substantially”. The law abiding firearm owners of Queensland should not be asked to pay for Police inefficiencies. As it is we have to do all the work for them.
You say, “As a result, the general public has been required to subsidise those costs.” Why not have a referendum and ask the ones that want to have a licence and registration system to pay for it, bill the ones that vote for it, not the ones that have to suffer under it. If you want any bets on you winning a referenda on that basis I will take any bets. If you want to impose it you should pay for it. The law abiding shooter of this state are not Criminals they should not be penalised and fined for making this State a safer place.
You say, “This Government considers these costs should be attributed more closely to the users who benefit from the administrative process,” Could you please name one benefit that having a licence imposed on the free ownership of property or the registration of that property does for the licensed firearms owners. As it does not make them easier to get, easier to use, in reality it only makes them harder to sell. The technology of making firearms has been around for many hundreds of years and your even licensing crossbows which is 4000 year old technology. There is no benefit for firearm owners or anyone else for that matter except for maybe Criminals as they can get a full list of where the firearms are stored from any crooked policeman.
You say, “It is also the Government’s view that the weapons licensing fees in Queensland are reasonable and not excessive when compared to those of other jurisdictions.” Check for yourself I know that other states Dealers Licences and PTA application are a lot cheaper. Are you just listening to the Queensland Police again.
You say, “the Government and the Police Service are currently investing in the development and introduction of a contemporary weapons licensing management system. The increased costs associated with some weapons licensing fees will ensure the introduction of an on-line weapons licensing system. This new system will streamline processes and provide efficiency of service to licence holders, firearm dealers and shooting clubs. The on-line services will significantly reduce the need for more than 100 000 police station attendances each year by members of the public to undertake weapons licensing transactions. Developing new online capabilities will allow members of the public to submit their details on the internet, without the need to attend a police establishment.” You would think that the Queensland Police would have a copy of the Microsoft Excell by now and not have to charge us for another one. You can remove the need for 100,000 attendances and the need for the Police to come and check the safes and security all in one hit just follow New Zealand and Canada and remove the requirement for the registration and licencing of Long Arms. In one swoop, you would have 200,000 extra votes for your party and their families votes, you could also put more police on the street fighting crime and earning income writing speeding tickets. It would save us all a lot of work and money. What’s more it would keep the opposition out of power for years and they deserve it, as they, with your parties assistance created this monster in the first place..
I trust this information is of assistance.
Yours sincerely
Ron Owen JP (Qual)
These below are just some of the new provisions that I find objectionable have a look for your self.
The Daft Act 2010
ammunition see the Explosives Act 1999 , schedule 2.
The Objects to Limit Law Abiding Shooters.
2 Categorising weapons
Prescribing categories of weapons, and things to be within a
particular category of weapon.
3 Limiting or prohibiting licensing of particular weapons
Limiting or prohibiting licensing of particular weapons or
particular types or categories of weapons.
4 Limiting or prohibiting acquisition, possession or use of
weapons and regulated items
Limiting or prohibiting the acquisition, possession or use of
particular weapons or regulated items or particular types or
categories of weapons or regulated items.
5 Limiting or prohibiting activities involving weapons
Limiting or prohibiting particular activities involving
weapons or particular types or categories of weapons.
7 Category D weapons
(1) Each of the following is a category D weapon—
(a) a self-loading centre-fire rifle;
(b) a firearm that substantially duplicates a self-loading
centre-fire rifle in appearance, design or function;
(c) a self-loading shotgun with a magazine capacity of more
than 5 rounds;
(d) a pump action shotgun with a magazine capacity of
more than 5 rounds;
(e) a self-loading rim-fire rifle with a magazine capacity of
more than 10 rounds.
(2) Subsection (1) applies to a weapon mentioned in the
subsection even if the weapon is permanently deactivated.
(3) A major component part of a weapon mentioned in subsection
(1) is a category D weapon.
(4) An imitation of a weapon mentioned in subsection (1) is a
category D weapon.
284 Declaration of weapons category by commissioner
(1) The commissioner may, by gazette notice, declare a
dangerous thing that is not categorised in the Weapons
Categories Regulation 2010 to be within a particular category
of weapon.
(2) In deciding whether to make a declaration under subsection
(1), the commissioner must have regard to—
(a) whether the thing has been designed for military
purposes; and
(b) the category of weapon the thing most closely
resembles; and
(c) the need to ensure public and individual safety.
(3) A declaration under subsection (1)—
(a) takes effect on the day (the day of effect) that is 3 days
after the day it is published in the gazette or on the later
day stated in the declaration; and
(b) ends on the day that is 6 months after the day of effect;
and
(c) may not be made in relation to a thing that has been the
subject of a previous declaration under this section.
(4) The commissioner must notify each person, whom the
commissioner is aware is in possession of a thing to which a
declaration under subsection (1) applies, of the declaration.
(5) If the commissioner declares a thing to be within a particular
category of weapon under subsection (1), the thing is, for the
purposes of this Act, taken to be within that category only.
(6) In any proceeding for an offence under this Act in relation to a
thing that is declared under subsection (1) to be within a
particular category, it is a defence to a charge in relation to
possession of a thing as being of a particular category that the
person has not been notified by the commissioner under
subsection (4) of the declaration.
Chapter 9 Miscellaneous
Part 2 Declarations, statements and exclusion notices
Page 221
(7) No compensation is payable by the State because of a
declaration under this section.
(8) In this section—
dangerous thing means—
(a) a firearm; or
(b) a thing ordinarily described as a weapon that is capable
of causing death or injury.
POWER OF Search
The Daft Bill
Page 296
Police Powers and Responsibilities Act 2000
1 Sections 25(1), 714(1)(a) and 715(a), ‘Weapons Act
1990’—
omit, insert—
‘Weapons Act 2010’.
2 Section 159(c), 4th dot point, after ‘1990’—
insert—
‘or Weapons Act 2010’.
To page 302.
“Which then gives the power.”
Police Powers and Responsibilities Act 2000
Chapter 2 General enforcement powers
Part 1 Entry, inquiries and inspection
22 Power to enter etc. for relevant laws
(1) For ensuring compliance with a relevant law, a police officer
may do any of the following—
(a) at any reasonable time, enter and stay on a place used
for a purpose under a licence under the relevant law;
(b) inspect, photograph or copy a prescribed item there or at
a place with appropriate facilities for photographing or
copying the item;
(c) seize a thing to which the relevant law applies, if the
thing is evidence of the commission of an offence
against the relevant law or another Act;
(d) require a licence holder or someone else apparently in
possession of prescribed items to produce stated
prescribed items for inspection;
(e) inspect security measures a person must maintain under
the relevant law;
(f) require a licence holder or person apparently in
possession or in charge of the place to give to the police
officer reasonable help to do something mentioned in
paragraph (b) or (e).
(2) A police officer may enter a part of a place not used for the
purpose for which entry is made, but only to get to the place
used for the purpose.
relevant law, means an Act under which a person or place
must be licensed, and prescribed under a regulation for
chapter 2, part 1.
159 Application of pt 2
This part applies only in relation to the following offences (a
part 2 offence)—
(a) an indictable offence;
(b) an offence involving gaming or betting;
(c) an offence against any of the following Acts—
• Confiscation Act
• Explosives Act 1999
• Nature Conservation Act 1992
• Weapons Act 1990;
(d) an offence against the Liquor Act 1992, section 168B or
168C.
25 Power to demand production of licence etc. for weapons
(1) This section applies if a person is required under the Weapons
Act 1990—
(a) to be the holder of a licence or permit to acquire under
that Act; or
(b) to have the approval of any person; or
30 Prescribed circumstances for searching persons without
warrant
The prescribed circumstances for searching a person without a
warrant are as follows—
(a) the person has something that may be—
(i) a weapon, knife or explosive the person may not
lawfully possess,
32 Prescribed circumstances for searching vehicle without
warrant
The prescribed circumstances for searching a vehicle without
a warrant are that there is something in the vehicle that—
may be a weapon or explosive a person may not lawfully
possess,
Security Over Kill
165 Secure storage facilities at safe storage address
(1) The entity must—
(a) store the weapon unloaded in secure storage facilities
for the weapon at the safe storage address for the
weapon; and
(b) if the weapon is stored in secure storage facilities
mentioned in section 162, paragraph (b) or
(c)(i)—ensure the weapon is temporarily deactivated;
166 Container in locked room
(1) If the entity is unable to comply with section 165, the entity
must—
(a) store the weapon unloaded and temporarily deactivated
in a securely closed container; and
(b) take reasonable precautions to ensure the weapon is not
accessible to persons who are not lawfully authorised to
possess the weapon.
Maximum penalty—100 penalty units or 2 years
imprisonment.
13 When a firearm is temporarily deactivated
(1) A firearm is temporarily deactivated if it is modified in the
way prescribed under a regulation to make it temporarily
incapable of being discharged.
(2) A regulation made under subsection (1) may prescribe a way
approved by an authorised officer.
167 Vehicle
(1) If the entity is unable to comply with section 165 and section
166, the entity must store the weapon unloaded and
temporarily deactivated—
(a) in the locked boot of a vehicle; or
(b) in a locked metal container fixed to a vehicle; or
(c) in a securely closed container that is out of sight in a
vehicle.
Maximum penalty—100 penalty units or 2 years
imprisonment.
(2) The metal container mentioned in subsection (1)(b), and
anything on or attached to it, must not suggest a weapon is
inside.
171 Particular parts of firearms
(1) This part applies to an entity that possesses a prescribed part
of a firearm if—
(a) for an entity that is an individual—the prescribed part of
the firearm is not in the physical possession of the
individual; or
(b) for an entity that is a body—the prescribed part of the
firearm is not in the physical possession of the body’s
representative.
(2) The entity must take reasonable precautions to ensure the
prescribed part is not accessible to persons who are not
lawfully authorised to possess the prescribed part.
Examples of taking reasonable precautions——
• placing the prescribed part in a locked container
• placing the prescribed part in a locked room
Maximum penalty—10 penalty units
(3) In this section—
prescribed part, of a firearm, means the barrel, or breech
block or bolt, of the firearm that is not part of a complete
firearm.
7 Meaning of category of weapon
(1) A category of weapon is a category of weapon prescribed
under a regulation.
Note—
See the Weapons Categories Regulation 2010.
(2) A regulation may prescribe a particular firearm to be within a
category of weapon.
Note—
The category of weapon within which a particular firearm is prescribed
impacts on, for example, the type of licence that may be held for the
firearm, the storage obligations under chapter 5 for the firearm, and the
penalty under section 178 for unlawful possession of the firearm.
169 Multiple weapons
(1) This section applies to an entity that possesses a weapon at a
place where there are more than 30 weapons, whether or not
the entity possesses each or any of the other weapons, if—
(a) for an entity that is an individual—the weapon is not in
the physical possession of the individual; or
(b) for an entity that is a body—the weapon is not in the
physical possession of the body’s representative.
(2) The entity must—
(a) store the weapon unloaded and temporarily deactivated
in a secure storeroom or a secure vault; and
(b) take reasonable precautions to ensure the weapon is not
accessible to persons who are not lawfully authorised to
possess the weapon.
Maximum penalty—100 penalty units or 2 years
imprisonment.
Part 3 Verification of particulars
157 Production of weapon to establish or verify particulars of
weapon
(1) This section applies to a person in possession of a weapon.
(2) A member of the police service may require the person to
produce the weapon to an authorised officer at a stated time
and place to establish or verify any of the following
particulars of the weapon—
(a) the action, calibre, category, make, model or type of the
weapon;
11 Meaning of imitation
(1) An imitation, of a weapon, is a thing that—
(a) is a reasonable copy of the weapon; and
(b) is not capable of causing death or injury by discharging
a projectile, or a thing mentioned in section 8(1)(b)(ii);
and
(c) could reasonably be taken to be the weapon.
Note—
A regulation made under section 6(1)(b) may prescribe an imitation of a
weapon to be within a category of weapon. An imitation of a category
A, B, C or M weapon is a regulated item—see section 240(c).
(2) An imitation, of a crossbow, longbow or spear gun, is a thing
that—
(a) is a reasonable copy of a crossbow, longbow or spear
gun; and
(b) is not capable of causing death or injury by discharging
a projectile, or a thing mentioned in section 8(1)(b)(ii);
and
(c) could reasonably be taken to be a crossbow, longbow or
379 Registration of antique handguns
(1) This section applies if, at the commencement, a person
possesses an antique handgun.
(2) For the purposes of section 244 of the new Act, the person is
taken to have acquired the antique handgun on the day of the
commencement.
380 Registration of permanently deactivated category A, B or
C weapons
(1) This section applies if, at the commencement, a person
possesses a permanently deactivated category A, B or C
weapon.
(2) For the purposes of section 253 of the new Act, the person is
taken to have acquired the permanently deactivated category
A, B or C weapon on the day of the commencement.
Schedule 2 Subject matter for regulations
section 325
1 Authorising things under licence or permit
Providing for things that the holder of a licence or permit, or
any other person, including, for example, an unlicensed
person, may or may not do under the authority of a licence or
permit.
NO APPEAL To Magistrates Court.
Tribunal has no Rule of evidence, no judge, no discovery , Very little area able to review.
Chapter 8 Reviews
279 Who may apply for review
(1) A person whose interests are affected by a reviewable
decision may apply, as provided under the QCAT Act, to
QCAT for a review of the decision.
(2) For this section, a person who has been given or is entitled to
be given a QCAT information notice about a decision is taken
to be a person whose interests are affected by the decision.
(3) In this section—
reviewable decision means—
(a) a decision mentioned in schedule 1; or
(b) a decision prescribed under a regulation for the purpose
of this paragraph.
280 Stay of operation of decision
(1) An application to QCAT for a review of a decision does not
stay the decision.
(2) However, the applicant may apply, as provided under the
QCAT Act, to QCAT for a stay of the decision if, and only
if—
(a) the applicant is unable to satisfy an occupational
requirement because of the decision; or
(b) the applicant is unable to conduct a business because of
the decision.
(3) QCAT may grant the stay on conditions it considers
appropriate.
(4) An application to QCAT for a review of a decision affects the
decision, or carrying out of a decision, only if the decision is
stayed
Schedule 1 Reviewable decisions
section 279(1)
Section Description of decision
Licences
33 refusal to issue licence
37 refusal to renew licence
55 refusal to approve transfer of weapon to another licence
61 refusal to amend licence
62 decision to amend licence
65 decision to suspend licence
66 decision to cancel licence
85 decision to give notice to dispose
87 refusal to replace licence
Permits
104 refusal to issue permit
107 refusal to renew permit
131 refusal to amend permit
132 decision to amend permit
135 decision to suspend permit
136 decision to cancel permit
144 refusal to replace permit
Disguised Category??????
178 Unlawful possession of weapon prohibited
(1) A person must not unlawfully possess a weapon.
Examples of lawful possession of a weapon—
• possession under a licence
• possession by a person to whom this Act does not apply under
section 15
• possession by a person under an exemption granted under section
19
• possession by an unlicensed person under division 2
Maximum penalty—
(a) for an excluded person—
(i) if the person unlawfully possesses 10 or more
weapons at least 5 of which are category D, E, H or
R weapons—15 years imprisonment; or
(ii) if subparagraph (i) does not apply and the person
unlawfully possesses 10 or more weapons—600
penalty units or 12 years imprisonment; or
(iii) if subparagraphs (i) and (ii) do not apply—
(A) for a category D, H or R weapon—400
penalty units or 9 years imprisonment; or
(B) for a category C or E weapon—300 penalty
units or 6 years imprisonment; or
(C) for a category A, B or M weapon, or an
uncategorised firearm—200 penalty units or
4 years imprisonment; or
(b) otherwise—
(i) if the person unlawfully possesses 10 or more
weapons at least 5 of which are category D, E, H or
R weapons—13 years imprisonment; or
(ii) if subparagraph (i) does not apply and the person
unlawfully possesses 10 or more weapons—500
penalty units or 10 years imprisonment; or
(iii) if subparagraphs (i) and (ii) do not apply—
(A) for a category D, H or R weapon—300
penalty units or 7 years imprisonment; or
(B) for a category C or E weapon—200 penalty
units or 4 years imprisonment; or
(C) for a category A, B or M weapon, or an
uncategorised firearm—100 penalty units or
2 years imprisonment.
(2) For subsection (1), a person who possesses a disguised
category A weapon or a disguised category B weapon is taken
to possess a category H weapon.
(3) If the maximum penalty otherwise applying for an offence
against subsection (1) would be that mentioned in paragraph
(a)(iii) or (b)(iii) of the penalty (the relevant provision), and
the weapon is an imitation of a weapon, a permanently
deactivated firearm or an heirloom weapon, the maximum
penalty for the offence is half of the maximum penalty
mentioned in the relevant provision.
(4) A court, in sentencing a person convicted of an offence
against subsection (1), may take into consideration whether
the person stored the weapon in secure storage facilities for
the weapon.
(5) In this section—
179 Effect of licensee’s failure to enter particulars in register
(1) This section applies to a licensee who is required, under this
Act, to keep a register in relation to weapons.
(2) If the licensee, without reasonable excuse, possesses a
weapon the prescribed particulars of which have not been
entered in the register as required under this Act, the licensee
is taken to unlawfully possess the weapon and may be
prosecuted and punished under section 178 for the possession.
Possession
180 Possession by licensee of unregistered firearm, prescribed part or conversion unit prohibited
(1) A licensee must not possess a firearm unless the firearm is a
registered weapon.
Maximum penalty—120 penalty units.
(2) A licensee must not possess a prescribed part of a firearm
unless the prescribed part is, or is part of, a registered weapon.
Maximum penalty—120 penalty units.
(3) A licensee must not possess a conversion unit unless the
conversion unit is a registered weapon.
Maximum penalty—120 penalty units.
(4) A licensed dealer or licensed armourer does not contravene
subsection (1), (2) or (3) if the firearm, prescribed part or
conversion unit is entered in a register kept by the dealer or
armourer as required under a regulation.
(5) In subsection (1), the reference to firearm does not include a
reference to a major component part of a firearm.
(6) In this section—
(a) means a thing mentioned in the Weapons Categories
Regulation 2010, section 4(4), 5(4) or 9(5); and
(b) includes part of a thing mentioned in paragraph (a).
Part 4 Offences involving the acquisition and disposal of weapons
Division 1 Acquisition and disposal
192 Definition for div 1
In this part—
weapon, if the weapon is a firearm, does not include a major
component part of the firearm, other than the action, body,
frame or receiver of the firearm.
Notes—
1 The barrel, breech block or bolt, or top slide of a firearm is not a
weapon for the purpose of this division.
2 Under section 6(1)(b) and the Weapons Categories Regulation
2010, sections 4(4), 5(4) and 9(5), a conversion unit for a category
A, B or H weapon is also a weapon.
171 Particular parts of firearms
(1) This part applies to an entity that possesses a prescribed part
of a firearm if—
(a) for an entity that is an individual—the prescribed part of
the firearm is not in the physical possession of the
individual; or
(b) for an entity that is a body—the prescribed part of the
firearm is not in the physical possession of the body’s
representative.
(2) The entity must take reasonable precautions to ensure the
prescribed part is not accessible to persons who are not
lawfully authorised to possess the prescribed part.
Examples of taking reasonable precautions——
• placing the prescribed part in a locked container
• placing the prescribed part in a locked room
Maximum penalty—10 penalty units
(3) In this section—
prescribed part, of a firearm, means the barrel, or breech
block or bolt, of the firearm that is not part of a complete
firearm.
207 Licensed armourer must employ qualified weapons
employee
A licensed armourer must not employ a person who, in the
course of the person’s employment, will have access to a
weapon unless the person is a qualified weapons employee.
Maximum penalty—100 penalty units.
Regulated items
Part 1 Preliminary
239 Purpose of ch 7
The purpose of this chapter is to improve public and
individual safety in relation to regulated items by—
(a) requiring the registration of particular regulated items;
and
(b) prohibiting or limiting the acquisition and possession of
regulated items; and
(c) imposing requirements about the safe storage and
handling of regulated items; and
(d) prohibiting the unlawful supply of, or trafficking in,
regulated items.
240 Meaning of regulated item
A regulated item is—
(a) an antique handgun; or
(b) a permanently deactivated category A, B or C weapon;
or
(c) an imitation of a category A, B, C or M weapon; or
(d) an adjustable stock; or
(e) a detachable magazine; or
(f) a laser pointer; or
(g) a restricted article.
6 Shooting associations
295 Notice of expelled members
(1) A shooting association must give an authorised officer a
notice stating—
(a) when a member of the association is expelled from the
association;
(b) the name and licence number, if any, of the member; and
(c) the reason for the expulsion.
Maximum penalty—60 penalty units.
(2) The notice mentioned in subsection (1) must be given to an
authorised officer within 14 days after the day the member is
expelled.
(3) This section applies despite any duty of confidentiality owed
by the shooting association, or a representative of the shooting
association, or a member of the governing body of the
shooting association, to the member.
(4) The giving of information by the shooting association under
this section does not give rise to any criminal or civil action or
remedy against the shooting association, or a representative of
the shooting association, or a member of the governing body
of the shooting association.
296 Request for information about members
(1) An authorised officer may, by notice given to a shooting
association, request the association to give the authorised
officer the following information—
(a) whether a particular person is or was a member of the
association;
(b) the particulars of a person who holds or held a particular
stated position within the association.
Excerpts from The Daft Regulation,
Secure safes
10 Safes
(1) The safe must be in a room of a permanent building.
(2) The room must always be locked (other than the time
necessary to have the room open for a proper purpose).
(3) The safe must be made of steel and—
(a) weigh at least 150kg; or
(b) be fixed to the permanent building by welding or
hardened steel bolts of at least 10mm in diameter
Schedule 6.
handgun shooting competition
handgun shooting competition means a national or
international shooting competition, that includes using a
prescribed category H weapon, at a place where the sport of
target shooting using a category H weapon is lawfully
authorised to take place.
(2) However, if the licensee’s genuine reason for possession of
the weapon is to engage in the sport of target shooting as
mentioned in section 45(1)(c)(iii), and the licence authorises
the licensee to possess and use a high calibre pistol, the
licence only authorises the licensee to possess and use a high
calibre pistol to engage in accredited events.
(c) has engaged in at least 3 handgun shooting
competitions, conducted on different days, during the
period mentioned in paragraph (b).
(2) Also, if the weapon is a high calibre pistol, the authorised
officer may issue the concealable firearms licence only if the
authorised officer is satisfied that the club mentioned in
subsection (1)(a) takes part in, or is affiliated with a body that
takes part in, accredited events.
57 Condition—membership of primary target shooting club
(1) It is a condition of the concealable firearms licence that the
licensee must be a member of the licensee’s primary target
shooting club.
( IS THIS PUT IN BY QAPSA)
58 Condition—membership of shooting association
(1) This section applies if—
(a) the holder of a concealable firearms licence participates
in a handgun shooting competition; and
(b) the participation requirements of the competition
require that a participant in the competition be a
member of a particular shooting association.
(2) It is a condition of the concealable firearms licence that the
licensee must be a member of that shooting association at the
time of participating in the competition.
279 Affiliation with shooting association
It is a condition of a target shooting club permit that the body
that is the holder of the permit must be affiliated with a
shooting association.
44 Things authorised by licence
(1) A concealable firearms licence authorises the licensee—
(a) if the licensee’s genuine reason for possession of the
weapon is a need mentioned in section 45(1)(c)(i) or
(ii)—to possess and use a category H weapon, of a type
or class stated on the licence, in the number stated on the
licence, to satisfy the need for which the licence was
issued; or
(b) if the licensee’s genuine reason for possession of the
weapon is to engage in the sport of target shooting as
mentioned in section 45(1)(c)(iii)—to possess and use
any prescribed category H weapon of a type or class
stated on the licence to engage in the sport of target
shooting at any place where the sport of target shooting
using prescribed category H weapons is lawfully
authorised to take place.
(2) However, if the licensee’s genuine reason for possession of
the weapon is to engage in the sport of target shooting as
mentioned in section 45(1)(c)(iii), and the licence authorises
the licensee to possess and use a high calibre pistol, the
licence only authorises the licensee to possess and use a high
calibre pistol to engage in accredited events.
(3) To remove any doubt, it is declared that a concealable firearms
licence does not authorise the licensee to possess or use a
weapon—
(a) for recreational shooting; or
(b) to engage in military simulation games.
Decide Means ?? Satisfied means??
47 Restrictions on issue
(1) The authorised officer may issue the concealable firearms
licence only if the authorised officer is satisfied that—
(a) the need can not be satisfied in another way; and
(b) the stated rural land is suitable for the use of the weapon
to satisfy the need; and
(c) the stated rural land is in Queensland, unless there are
exceptional circumstances; and
(d) using the weapon on the stated rural land to satisfy the
need will not adversely affect public or individual
safety.
(2) Without limiting subsection (1)(a), in deciding whether or not
the need can be satisfied in another way, the authorised officer
must consider whether the need can be satisfied—
(a) in a way that does not require the applicant to possess a
weapon; or
(b) in a way that requires the applicant to possess a different
type or category of weapon.
54 Restrictions on issue
(1) The authorised officer may issue the concealable firearms
licence only if the authorised officer is satisfied that the
applicant—
(a) is a member of an approved target shooting club that is
authorised to conduct the sport of target shooting using
prescribed category H weapons; and
(b) has been a member of the club for at least 6 months
immediately before making the application; and
(c) has engaged in at least 3 handgun shooting
competitions, conducted on different days, during the
period mentioned in paragraph (b).
(2) Also, if the weapon is a high calibre pistol, the authorised
officer may issue the concealable firearms licence only if the
authorised officer is satisfied that the club mentioned in
subsection (1)(a) takes part in, or is affiliated with a body that
takes part in, accredited events.
(3) This section is in addition to section 45.
60 Condition—prohibition of particular magazines
(1) It is a condition of the concealable firearms licence that the
licensee must not possess a detachable high-capacity
magazine that is able to be used in a category H weapon.
(2) In this section—
detachable high-capacity magazine—
(a) means a detachable magazine with a capacity of more
than 10 rounds; and
(b) includes part of a detachable magazine mentioned in
paragraph (a).
77 Condition—single business
It is a condition of a dealer’s licence that only the licensee
may conduct a business at the licensee’s business premises.
Example—
A licensed dealer may not share the licensee’s business premises with
another dealer.
What happens about holidays or off sick????
78 Condition—active conduct of business
(1) It is a condition of a dealer’s licence that the licensee must
actively conduct the business of dealer.
(2) A licensee is taken to have contravened the condition
mentioned in subsection (1) if the licensee does not, under
section 74, make an entry in the licensee’s transactions
register for a continuous period of 6 months.
(3) An authorised officer may extend the period mentioned in
subsection (2) if—
(a) the licensee applies to the authorised officer for an
extension before the end of the period mentioned in
subsection (2); and
(b) the authorised officer is satisfied there are exceptional
circumstances.
80 Condition—weapons must be labelled
(1) It is a condition of a dealer’s licence that the licensee must fix
a label, as provided under this section, to each weapon
possessed under the licence at the licensee’s business
premises.
(2) The label must—
(a) show a number that is capable of being used to identify
the record of any transaction involving the weapon that
is recorded in the licensee’s transactions register; and
(b) be fixed to the weapon or within 1 day after the weapon
is first possessed at the licensee’s business premises.
(3) If the weapon is in a box or other packaging, the label may be
fixed to the box or packaging.
(4) In this section—
weapon includes—
(a) an antique handgun; and
(b) a permanently deactivated category A, B or C weapon.
81 Condition—weapons must be able to be immediately
located
(1) It is a condition of a dealer’s licence that the licensee must
have a method for immediately locating—
(a) each weapon that is possessed under the licence at the
licensee’s business premises; and
(b) each entry made in the dealer’s transactions register
about a particular weapon.
(2) The method may include, for example, electronic records and
the labels mentioned in section 80.
(3) The method must be sufficient to enable the licensee, upon the
request of an authorised officer—
(a) to immediately produce to the officer a particular
weapon possessed under the licence at the licensee’s
business premises; and
(b) to immediately show the officer each entry made in the
dealer’s transactions register about a particular weapon.
(4) In this section—
weapon includes—
(a) an antique handgun; and
(b) a permanently deactivated category A, B or C weapon.
28 Condition—weapons must be able to be immediately
located
(1) It is a condition of an armourer’s licence that the licensee must
have a method for immediately locating—
(a) each weapon that is possessed under the licence at the
licensee’s business premises; and
(b) each entry made in the armourer’s transactions register
about a particular weapon.
(2) The method may include, for example, electronic records and
the labels mentioned in section 27.
(3) The method must be sufficient to enable the licensee, upon the
request of an authorised officer—
(a) to immediately produce to the officer a particular
weapon possessed under the licence at the licensee’s
business premises; and
(b) to immediately show the officer each entry made in the
armourer’s transactions register about a particular
weapon.
(4) In this section—
weapon includes—
(a) an antique handgun; and
(b) a permanently deactivated category A, B or C weapon.
(All Major Component Parts are defined as firearms so we must immediately produce a missing bolt or a missing magazine, or lose our licence.)
85 Restrictions on issue—generally
An authorised officer may issue a firearms licence only—
(a) for a category A, B, C or D weapon (the weapon); and
(b) to an adult (the applicant); and
(c) if the authorised officer is satisfied that the applicant’s
genuine reason for possession of the weapon is—
(i) a need to possess or use a category A or B weapon,
for an occupational rural purpose, in the conduct of
the applicant’s business or employment on stated
rural land; or
(ii) a need to possess or use a category C weapon, for
an occupational rural purpose, in the conduct of the
applicant’s business or employment on stated rural
land; or
(iii) a need to possess or use a category D weapon
87 Restrictions on issue
(1) The authorised officer may issue the firearms licence only if
the authorised officer is satisfied that—
(a) the need can not be satisfied in another way; and
(b) the stated rural land is suitable for the use of the weapon
to satisfy the need; and
(c) the stated rural land is in Queensland, unless there are
exceptional circumstances; and
(d) using the weapon on the stated rural land to satisfy the
need will not adversely affect public or individual
safety.
(2) Without limiting subsection (1)(a), in deciding whether or not
the need can be satisfied in another way, the authorised officer
must consider whether the need can be satisfied—
(a) in a way that does not require the applicant to possess a
weapon; or
(b) in a way that requires the applicant to possess a different
type or category of weapon.
(3) This section is in addition to section 85.
88 Additional information to accompany application
The application for the issue, or renewal, of the firearms
licence must be accompanied by—
(a) enough information about the need to possess the
weapon for the occupational rural purpose mentioned in
section 85(c)(i) to enable an authorised officer to decide
whether the need can be satisfied in another way; and
(b) enough information about the stated rural land to enable
an authorised officer to decide—
(i) whether the land is suitable for the use of the
weapon to satisfy the need mentioned in section
85(c)(i); and
(ii) whether using the weapon on the land to satisfy the
need will adversely affect public or individual
safety.
90 Restrictions on issue
(1) The authorised officer may issue the firearms licence only if
the authorised officer is satisfied that—
(a) the need can not be satisfied in another way; and
(3) Also, the authorised officer may issue the firearms licence for
more than 1 category C weapon only if the authorised officer
is satisfied that—
(a) the applicant has a need for more than 1 category C
weapon; and
(b) the need can not be satisfied in another way; and
(c) the stated rural land is suitable for the use of more than 1
category C weapon to satisfy the need; and
(d) using more than 1 category C weapon on the stated rural
land to satisfy the need will not adversely affect public
or individual safety.
106 Additional information to accompany application
The application for the issue, or renewal, of the firearms
licence must be accompanied by—
(a) 1 of the following—
(i) evidence of the applicant’s ownership of the stated
rural land;
(ii) written permission from the owner of the stated
rural land authorising the applicant to engage in
recreational shooting using category A or B
weapons on the land;
(iii) evidence of the applicant’s current membership of
a club mentioned in section 105(1)(a)(iii); and
(b) enough information about the location, area and
surrounding features of the stated rural land to enable an
authorised officer to decide—
(i) whether the land is suitable for the use of the
weapon to engage in recreational shooting; and
(ii) whether using the weapon on the land to engage in
recreational shooting will adversely affect public
or individual safety.
108 Restrictions on issue
(1) The authorised officer may issue the firearms licence only if
the authorised officer is satisfied that the applicant is a
member of—
(a) an approved target shooting club that is authorised to
conduct the sport of target shooting using category A or
B weapons; or
(b) a shooting association.
(2) This section is in addition to section 85.
110 Condition—membership of primary target shooting club
(1) It is a condition of the firearms licence that the licensee must
be a member of the licensee’s primary target shooting club.
(2) The licensee may change the licensee’s primary target
shooting club at any time by becoming a member of another
approved target shooting club that is authorised to conduct the
sport of target shooting using category A or B weapons, or
another shooting association (the new primary target
shooting club).
(3) However, the change does not take effect until the licensee
gives to each of the following a notice in the approved form of
the change—
(a) the new primary target shooting club;
(b) the previous primary target shooting club;
(c) an authorised officer.
113 Restrictions on issue
(1) The authorised officer may issue the firearms licence only if
the authorised officer is satisfied that—
(a) the applicant is a member of an approved target shooting
club that takes part in, or is affiliated with a body that
takes part in, clay target shooting competitions; and
(b) the applicant, because of a lack of strength or dexterity,
has a physical need for a category C shotgun to enable
the applicant to take part in the sport of target shooting.
(2) This section is in addition to section 85.
116 Condition—participation requirement
(1) This section applies if the licensee is the registered possessor
of a category C shotgun.
(2) It is a condition (participation condition) of the firearms
licence that the licensee must use a category C shotgun to
participate in at least 4 shoots in each financial year.
(3) For subsection (2)—
(a) at least 2 of the shoots must be clay target shooting
competitions; and
(b) each of the shoots must be conducted on a different day.
(4) This section is subject to sections 117, 118 and 119.
117 Condition—participation requirement if licensee has
owned weapon for less than 12 months but not less than
3 months in a financial year
(1) This section applies if the licensee is the registered possessor
of a category C shotgun for less than 12 months but not less
than 3 months in a particular financial year.
(2) The participation condition applies proportionately, based on
whole calendar months, for that financial year, after rounding
down to the nearest whole number of shoots.
118 Condition—participation requirement if licensee has
owned weapon for less than 3 months in a financial year
(1) This section applies if the licensee is the registered possessor
of a category C shotgun for less than 3 months in a particular
financial year.
(2) The participation condition does not apply for that financial
year.
119 Condition—participation requirement if licensee is
unable to satisfy condition
(1) This section applies if, for a particular financial year, the
licensee satisfies an authorised officer that the licensee is, or
was, unable to comply with the participation condition for the
year for reasons outside the licensee’s control.
(2) The authorised officer
may decide the number of times, if any,
that the licensee must use, or was required to use, a category C
shotgun in a shoot for the particular year to satisfy the
participation condition.
(3) A decision under subsection (2) may be made on a
proportionate basis, based on whole calendar months, having
regard to the period that the authorised officer is satisfied the
licensee is, or was, unable to comply with the participation
condition for reasons outside the licensee’s control.
120 Condition—requirement to keep participation record
(1) It is a condition of the firearms licence that the licensee must
keep a record of the licensee’s participation in shoots
(participation record).
(2) The participation record must contain the following
information for each shoot—
(a) the date and place of the shoot;
(b) the types of events in which the licensee participated;
(c) if the shoot is conducted at an approved range—the
name and licence number of the range officer
supervising the shoot;
(d) if the shoot is conducted at a place other than an
approved range—the name and the firearms licence
number or driver licence number of the person
supervising the shoot.
Examples of places other than an approved range—
• a Commonwealth approved range
• an interstate range approved under the law of another State
(3) The licensee must enter the information in the licensee’s
participation record immediately after the licensee’s
participation in the shoot has ended.
121 Condition—requirement to have participation record
endorsed as correct
(1) It is a condition of the firearms licence that the licensee must
have an entry in the licensee’s participation record endorsed
as correct by—
(a) if the shoot is conducted at an approved range—the
range officer supervising the shoot; or
(b) if the shoot is conducted at a place other than an
approved range—the person supervising the shoot.
(2) The endorsement under subsection (1) must—
(a) be made on the day of the shoot before the shoot ends;
and
(b) clearly identify the person making the endorsement.
(3) An entry properly endorsed under this section is evidence of
the licensee’s participation in the shoot.
122 Condition—requirement to give completed participation
record to primary target shooting club
(1) It is a condition of the firearms licence that the licensee must
give to an authorised officer the licensee’s completed
participation record for a financial year within 28 days after
the start of the following financial year.
(2) In this section—
completed participation record means a participation record
that complies with sections 120 and 121.
124 Restrictions on issue
(1) The authorised officer may issue the firearms licence only if
the authorised officer is satisfied that—
(a) the applicant is a member of an approved weapons club
that is authorised to conduct military simulation games
using paint-pellet guns; or
(b) the applicant intends to use a category A paint-pellet
gun to engage in military simulation games.
(2) This section is in addition to section 85
128 Restrictions on issue
An authorised officer may issue a firearms instructor’s licence
only—
(a) for a category A, B, C, D, E, H or M weapon (the
weapon); and
(b) to an adult (the applicant); and
(c) if the authorised officer is satisfied that—
(i) the applicant’s genuine reason for possession of
the weapon is to give instruction for either or both
of the following—
(A) an approved safety training course (general)
provided by an approved training provider;
(B) an approved safety training course (security
guard) provided by an approved training
provider; and
(ii) the applicant has the necessary skills and
experience to give the instruction; and
(iii) giving the instruction will not adversely affect
public or individual safety.
129 Additional information to accompany application
An application for the issue, or renewal, of a firearms
instructor’s licence must be accompanied by—
(a) evidence that the applicant has the necessary skills and
experience to give instruction for the relevant course
mentioned in section 128(c)(i); and
(b) evidence that giving the instruction will not adversely
affect public or individual safety; and
Examples of evidence of necessary skills and experience—
• details of current licences
• details of completed training courses
• details of experience handling weapons
• details of experience giving instruction
(c) the name of the approved training provider that will
provide the relevant course mentioned in section
128(c)(I).
131 Condition—regular instruction
(1) It is a condition of a firearms instructor’s licence that the
licensee must give regular instruction for a course mentioned
in section 128(c)(i).
(2) Without limiting subsection (1), a licensee is taken to have
contravened the condition mentioned in subsection (1) if the
licensee does not, under section 130, make an entry in the
licensee’s training register for a continuous period of 12
months.
132 Definitions for div 9
In this division—
category A weapon does not include a disguised category A
weapon.
category B weapon does not include a disguised category B
weapon.
From Draft Weapons Act
Section 178 Unlawful possession of weapon prohibited
(2) For subsection (1), a person who possesses a disguised
category A weapon or a disguised category B weapon is taken
to possess a category H weapon.
Definition
disguised category A weapon means a weapon mentioned in
the Weapons Categories Regulation 2010, section 4(1) or (3)
that is disguised as a thing other than a weapon.
Example—
a shotgun or rim-fire rifle disguised as a walking cane or a poacher’s
stick
disguised category B weapon means a weapon mentioned in
the Weapons Categories Regulation 2010, section 5(1) or (3)
that is disguised as a thing other than a weapon.
Example—
a centre-fire rifle disguised as a walking cane or a poacher’s stick
134 Restrictions on issue—generally
An authorised officer may issue a group licence only—
(a) for a prescribed weapon (the weapon); and
(b) to an adult or a body (the applicant); and
(c) if the authorised officer is satisfied that—
(i) for an adult, or a body other than a body mentioned
in subparagraph (ii) or (iii)—the applicant’s
genuine reason for possession of the weapon is a
group need; or
135 Restrictions on issue—group need mentioned in s 132,
def group need, paragraph (a)(i), (ii), (iii), (iv) or (vi)
(1) This section applies if the applicant’s genuine reason for
possession of the weapon is a need mentioned in section 132,
definition group need, paragraph (a)(i), (ii), (iii), (iv) or (vi).
(2) The authorised officer may issue the group licence only if the
authorised officer is satisfied that—
(a) the need can not be satisfied in another way; and
(b) the stated land, area, place or vessel is suitable for the
use of the weapon to satisfy the need; and
(c) using the weapon on the stated land, area, place or
vessel to satisfy the need will not adversely affect public
or individual safety.
(3) Without limiting subsection (2)(a), in deciding whether or not
the need can be satisfied in another way, the authorised officer
must consider whether the need can be satisfied—
(a) in a way that does not require the applicant to possess a
weapon; or
147 Restrictions on issue—generally
An authorised officer may issue a minor’s licence only—
(a) for a category A, B, C, or H weapon, or a category M
crossbow (the weapon); and
(b) to a minor who is at least 11 years (the applicant); and
(c) if the authorised officer is satisfied that the applicant’s
genuine reason for possession of the weapon is—
149 Restrictions on issue
(1) The authorised officer may issue the minor’s licence only if
the authorised officer is satisfied that—
(a) the need can not be satisfied in another way; and
(b) the stated rural land is suitable for the use of the weapon
to satisfy the need; and
150 Additional information to accompany application
The application for the issue, or renewal, of the minor’s
licence must be accompanied by—
(a) enough information about the need to possess the
weapon for the occupational rural purpose mentioned in
section 147(c)(i) to enable an authorised officer to
decide whether the need can be satisfied in another way;
and
152 Restrictions on issue
(1) The authorised officer may issue the minor’s licence only if
the authorised officer is satisfied that—
(a) the need can not be satisfied in another way; and
(b) the stated rural land is suitable for the use of the weapon
to satisfy the need; and
(2) Without limiting subsection (1)(a), in deciding whether or not
the need can be satisfied in another way, the authorised officer
must consider whether the need can be satisfied—
(a) in a way that does not require the applicant to possess a
weapon; or
(John Howard’s Bullet Proof Vest)
179 Application of sdiv 2
This subdivision applies if—
(a) the application is for the issue, or renewal, of a
miscellaneous weapons licence for a category E
weapon; and
(b) the applicant’s genuine reason for possession of the
weapon is—
(i) a special occupational need for the weapon as
mentioned in section 178(c)(i)(A); or
(ii) an exceptional need for the weapon for
self-preservation as mentioned in section
178(c)(i)(B).
180 Restrictions on issue
(1) The authorised officer may issue the miscellaneous weapons
licence only if the authorised officer is satisfied that the need
can not be satisfied in another way.
(2) Without limiting subsection (1), in deciding whether or not
the need can be satisfied in another way, the authorised officer
must consider whether the need can be satisfied in a way that
does not require the applicant to possess a category E weapon.
(3) This section is in addition to section 178.
181 Additional information to accompany application
The application for the issue, or renewal, of the miscellaneous
weapons licence must be accompanied by enough information
about the need for the weapon to enable an authorised officer
to decide whether the need can be satisfied in another way.
191 Application of sdiv 6
This subdivision applies if—
(a) the application is for the issue, or renewal, of a
miscellaneous weapons licence for a category M
crossbow; and
(b) the applicant’s genuine reason for possession of the
category M crossbow, under section 178(c)(ii)(D), is to
engage in the sport of target shooting.
192 Restrictions on issue
(1) The authorised officer may issue the licence only if the
authorised officer is satisfied that the applicant is—
(a) an approved target shooting club that is authorised to
conduct the sport of target shooting using category M
crossbows; or
217 Restrictions on issue
(1) An authorised officer may issue a theatrical ordnance
supplier’s licence only—
(a) for a prescribed weapon (the weapon); and
(b) to an adult or a body (the applicant); and
(c) if the authorised officer is satisfied that—
(i) the applicant’s genuine reason for possession of the
weapon is to conduct the business of theatrical
ordnance supplier; and
(ii) the business will be conducted in a way that will
not adversely affect public or individual safety; and
(iii) the premises from which the applicant will conduct
the business are suitable for conducting the
business of theatrical ordnance supplier; and
(iv) using the premises to conduct of the business of
theatrical ordnance supplier will not adversely
affect public or individual safety.
218 Additional information to accompany application
An application for the issue, or renewal, of a theatrical
ordnance supplier’s licence must be accompanied by—
(a) enough information about the business of theatrical
ordnance supplier to be conducted under the licence to
enable an authorised officer to decide whether the
business will be conducted in a way that adversely
affects public or individual safety; and
Examples of information about the business—
• business structure, for example, sole proprietorship,
partnership
• equipment to be used in the business
• intended client or market base
271 Condition—membership information
(1) It is a condition of a recreational shooting club permit that the
body that is the holder of the permit must give an authorised
officer a notice stating—
(a) when a member of the body stops being a member of the
body; or
(b) when a member of the body is expelled from the body
and the reason for the expulsion.
(2) The notice mentioned in subsection (1) must be given to the
authorised officer within 14 days after the day the member
stops being a member or is expelled.
(3) It is a condition of a recreational shooting club permit that the
body that is the holder of the permit must, upon the request of
an authorised officer, give the authorised officer a notice
stating whether a particular person is a member of the body or
holds a particular position within the body.
(4) The notice mentioned in subsection (3) must be given to the
authorised officer within a reasonable period, of at least 7
days, stated in the notice.
(5) An authorised officer may extend the period mentioned in
subsection (4) if—
(a) the body applies to the authorised officer for an
extension before the end of the period mentioned in
subsection (4); and
(b) the authorised officer is satisfied there are exceptional
circumstances.
272 Duties of body’s representative and members of
governing body
(1) This section applies to the body’s representative, and each
member of the governing body, of a body holding a
recreational shooting club permit.
(2) The person must take all reasonable steps to ensure the body,
its members and each person engaging in an activity
conducted by the body does not contravene a prescribed
provision.
Maximum penalty—20 penalty units.
(3) Subsection (2) does not apply if the person has given notice
under section 139(3) of the Act stating that the authority of the
person has stopped.
(4) In this section—
prescribed provision means—
(a) chapter 6, part 1, division 1 of the Act; or
(b) chapter 6, part 3 of the Act; or
(c) section 273.
273 Duties of person engaging in club activity
A person engaging in an activity conducted by an approved
recreational shooting club—
(a) must not possess or use a weapon for the activity unless
the possession or use complies with the recreational
shooting club permit; and
(b) must not use a weapon for the activity in a way that is
likely to cause death or injury to a person or unlawful
destruction or damage to property; and
(c) must comply with a safety direction given by the body’s
representative, or a member of the governing body, of
the body that holds the recreational shooting club
permit, unless the person has a reasonable excuse.
Maximum penalty—20 penalty units.
281 Adequate supervision
(1) It is a condition of a target shooting club permit that the body
that is the holder of the permit must take reasonable steps to
ensure that each person using a prescribed weapon to engage
in the sport of target shooting conducted by the body is
adequately supervised by—
(a) a range officer appointed by the body under subsection
(2); or
(b) a range officer’s appointee appointed by the range
officer under subsection (2).
(2) A person appointed as a range officer or range officer’s
appointee must be—
(a) an adult; and
b) hold a licence, or an interstate licence, for a firearm; and
(c) have the necessary skills and experience to take primary
responsibility for the supervision of persons using a
prescribed weapon at the shooting range.
(3) In this section—
adequately supervise, persons engaging in the sport of target
shooting conducted by an approved target shooting club,
means take all reasonable steps to ensure the personal safety
of the persons and any other persons also engaging in the
sport of target shooting.
Subdivision 4 Duties
288 Body’s representative and members of governing body
(1) This section applies to the body’s representative, and each
member of the governing body, of a body holding a target
shooting club permit.
(2) The person must take all reasonable steps to ensure the body,
its members and each person engaging in an activity
conducted by the body does not contravene a prescribed
provision.
Maximum penalty—20 penalty units.
(3) Subsection (2) does not apply if the person has given notice
under section 139(3) of the Act stating that the authority of the
person has stopped.
(4) In this section—
prescribed provision means—
325 Record of maintenance
(1) It is a condition of a shooting range permit that the holder
must keep a record of the maintenance carried out on the
safety infrastructure of the shooting range, as provided under
this section.
(2) The record of maintenance must state—
(a) the date the maintenance was carried out; and
(b) a brief description of the maintenance carried out.
(3) The holder must, before 31 August in each year, give a copy
of the record, to the extent that it relates to maintenance
carried out in the immediately preceding financial year, to an
authorised officer.
(4) An authorised officer may extend the time limit mentioned in
subsection (3) if the authorised officer is satisfied there are
exceptional circumstances.
(5) In this section—
safety infrastructure, of a shooting range, includes, for
example, the baffles, mound, stop butt and retaining walls of
the range.
326 Informing police officer of injury or damage
(1) It is a condition of a shooting range permit that the holder
must inform a police officer of any—
(a) injury to a person caused by a weapon used at the range;
or
(b) damage to property at or in the vicinity of the range
caused by a weapon used at the range, other than
damage to a target or a thing designed as a bullet barrier.
(2) The holder must inform the police officer of the matters
mentioned in subsection (1) immediately after the holder, or if
the holder is a body, the body’s representative, first becomes
aware, or suspects, that the injury or damage has happened.
Subdivision 3 Duties
327 Body’s representative and members of governing body
(1) This section applies to the body’s representative, and each
member of the governing body, of a body holding a shooting
range permit.
(2) The person must take all reasonable steps to ensure the body,
its members, and each person attending the approved range
does not contravene a prescribed provision.
Maximum penalty—20 penalty units.
(3) Subsection (2) does not apply if the person has given notice
under section 139(3) of the Act stating that the authority of the
person has stopped.
(4) In this section—
prescribed provision means—
(a) chapter 6, part 1, division 1 of the Act; or
(b) chapter 6, part 3 of the Act; or
(c) a condition under subdivision 2; or
(d) section 328 or 329.
General
1 Methods
(1) A firearm may be modified to make it permanently incapable
of being discharged by—
(a) fusion welding under part 2; or
(b) sectioning under part 3.
(2) However, a firearm made of light alloy or plastic may only be
modified to make it permanently incapable of being
discharged by sectioning under part 3.
2 Purpose
(1) The purpose of fusion welding is to weld material into the
barrel of a firearm, and to weld all major parts of the firearm
in a way that can not be reversed.
(2) The purpose of sectioning is to machine or mill all major parts
of a firearm in a way that can not be reversed and to expose
the internal mechanism of the firearm to enable it to be used
for display or instructional purposes.
V16A_S08_0465_AR_.fm — July 28, 2010 5:04 pm Discussion Draft
Schedule 2
Weapons Regulation 2010
Page 266
Part 2 Fusion welding
3 Bolt action rifle
A bolt action rifle may be modified to make it permanently
incapable of being discharged by doing all of the following—
(a) boring a calibre size hole in the chamber;
(b) inserting a close fitting steel rod in the barrel and
welding at the muzzle and breech;
(c) completely breaking off, grinding off or removing the
firing pin;
(d) welding the trigger to the receiver;
(e) welding the bolt to the receiver either—
(i) through the magazine well or the ejection port; or
(ii) along the exposed surface of the bolt for at least 80
per cent of the bolt’s length;
(f) cutting off the magazine lips and removing the spring
and follower;
(g) if the rifle has a quick detachable barrel—welding the
barrel to the receiver;
(h) if the rifle has a tube type magazine—cutting off the
crimped end of the guide, if any, and removing the
spring and follower.
7 Muzzle loading rifle
A muzzle loading rifle may be modified to make it
permanently incapable of being discharged by doing all of the
following—
(a) boring a calibre size hole in the chamber;
(b) inserting a close fitting steel rod in the barrel and
welding at the muzzle;
(c) welding the flash hole closed;
(d) welding the trigger to the receiver;
(e) welding the hammer to the receiver.
8 Single or double barrel shotgun
A single or double barrel shotgun may be modified to make it
permanently incapable of being discharged by doing all of the
following—
(a) boring a hole, approximately 60 per cent of the bore
size, just forward of the chamber (or chambers);
(b) inserting a close fitting steel plug of the length of the
chamber in the chamber (or chambers) and welding at
the breech;
(c) completely breaking off, grinding off or removing the
firing pins, or welding them to the receiver;
(d) welding the trigger to the receiver;
(e) welding the breech lever to the receiver;
(f) welding the barrel or the barrel lug, with a substantial
weld, to the receiver to prevent the barrel opening;
(g) if the shotgun has exposed hammers—welding the
hammers to the side plates or the receiver.
