Weapons Bill 2010
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Queensland Weapons Bill 2010 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Short title . 20 2 Commencement . 20 Part 2 Main objects 3 Main objects of Act . 20 4 How main objects are achieved . 21 Part 3 Interpretation 5 Definitions. 21 6 Meaning of weapon . 22 7 Meaning of category of weapon . 22 8 Meaning of firearm . 23 9 Meaning of antique firearm. 24 10 Meaning of public monument . 25 11 Meaning of imitation . 26 12 When a firearm is permanently deactivated. 26 13 When a firearm is temporarily deactivated . 27 Part 4 Operation of Act 14 Act binds all persons . 27 15 Persons to whom Act does not apply . 27 16 Queensland Police Service . 30 17 Government service entities and employees . 31 18 Persons engaged in authorised activity for defence force, etc. 32 Discussion Draft 19 Exemption from Act . 33 Chapter 2 Licences Part 1 General 20 Types of licences . 34 V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Weapons Bill 2010 Contents 21 Things authorised by licences . 34 22 Possession and use not lawful if licence of another type is needed . 35 23 Authorisation under a licence held by a body. 36 24 Transport of weapon. 36 Part 2 Restrictions 25 Licence may be issued only to particular individuals and bodies . 38 26 Licence issued to individual . 38 27 Individual residing outside Queensland . 39 28 Licence issued to body. 39 29 Genuine reason for possession of a weapon . 40 30 Restrictions on issue of particular licence types . 41 Part 3 Issue and renewal Division 1 General 31 Where application may be made . 41 32 Application for licence. 42 33 Consideration of application for licence . 44 34 When application for licence must be decided . 45 35 Application for renewal of licence . 45 36 Application for renewal of licence if licensee temporarily absent from Australia or temporarily in hospital . 46 37 Consideration of application for renewal of licence . 48 38 When application for renewal of licence must be decided . 48 39 Continuation of licence until renewal application decided . 48 40 Effect of suspension on renewal. 49 41 QCAT information notice for decision to refuse to issue or renew licence . 49 Division 2 Inquiries into applications for issue or renewal 42 Definition for div 2. 49 43 Inquiries into application. 50 44 Requirement to provide identifying particular. 51 Division 3 Deciding whether person is fit and proper person 45 Individual or body’s representative . 52 46 Requirement to provide report about mental or physical health. 54 Discussion Draft 47 Further inquiries about mental or physical health. 54 48 Associate . 55 Page 2 V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Weapons Bill 2010 Contents 49 Decision based on criminal intelligence . 57 50 Effect of decision not to issue or renew . 57 51 Use of information . 58 Part 4 Form and term Division 1 Form 52 Form of licence. 58 53 Information may be stated on licence or document . 59 54 Codes . 59 55 Transfer of weapon to another licence . 60 Division 2 Term 56 Term of licence . 62 57 When licence stops being in force . 62 58 Extension of licence until licensee’s next birthday . 62 Part 5 Conditions 59 Condition imposed on issue or renewal . 63 60 Condition imposed under regulation. 63 Part 6 Amendment 61 Amendment of licence on application. 64 62 Amendment of licence by authorised officer . 65 63 Notice to return licence for alteration after amendment . 66 Part 7 Transfer 64 Transfer of licence . 67 Part 8 Suspension and cancellation Division 1 General 65 Suspension. 67 66 Cancellation . 70 67 Suspension or cancellation notice . 71 68 Immediate suspension if body’s representative dies or authority stops . 72 69 Requirement to give notice if body’s representative dies or authority stops . 73 70 How weapon is to be surrendered . 73 71 Reinstating licence cancelled because of mistake of fact . 74 Division 2 Associates of prescribed licensees Discussion Draft 72 Requirement to give information about associate . 75 73 Notice of intention to cancel because associate not fit and proper person . 76 Page 3 V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Weapons Bill 2010 Contents Division 3 Advising interested entities of suspension or cancellation 74 Collector’s licence. 77 75 Concealable firearms licence . 77 76 Firearms licence. 77 77 Firearms instructor’s licence. 78 78 Minor’s licence . 78 79 Miscellaneous weapons licence . 78 80 Security licence (guard) . 79 Part 9 Compulsory disposal of weapons 81 Definitions for pt 9. 80 82 Application of pt 9. 80 83 Requirement to dispose of weapon if failure to comply with participation condition . 81 84 Consideration of written representations . 81 85 Notice to dispose . 81 Part 10 Replacement and surrender 86 Notice of lost or stolen licence . 83 87 Replacement of licence . 83 88 Surrender of licence . 83 Part 11 Recognition of interstate licences 89 Interstate visitor to Queensland . 84 90 Interstate resident moving to Queensland . 84 Part 12 Domestic violence orders 91 Temporary protection order . 86 92 Protection order . 87 93 Action by authorised officer if respondent has access to weapon through employment . 88 94 Surrender of licence and weapon. 90 95 Effect of successful appeal against domestic violence order . 92 Chapter 3 Permits Part 1 General 96 Types of permits . 93 97 Things authorised by permits . 93 Part 2 Restrictions Discussion Draft 98 Permit may be issued only to particular individuals and bodies . 94 99 Permit issued to individual . 94 Page 4 V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Weapons Bill 2010 Contents 100 Permit issued to body. 94 101 Restrictions on issue of particular permit types . 95 Part 3.