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
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V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Discussion Draft 68 Immediate suspension ifbody’s suspension Immediate r 70 . . notice or cancellation Suspension 67 . . . . . Cancellation ...... Suspension...... 68 67 67 Suspension and cancellation ...... General . Transfer ...... of licence 66 66 65 65 Transfer forlicence . amendment . alteration after . Noticetoreturn Division 1 64 ...... officer oflicence by Amendment authorised Part 8 ...... application. oflicence on Amendment 64 63 7 Part Amendment ...... regulation. under imposed Condition 63 renewal or issue on imposed Condition 62 62 61 62 Conditions . . untillicensee’s. licence of . Extension . next birthday Part 6 62 . . When licencestops. .being . in . force ...... 60 ...... Term ...... of licence 59 60 Part 5 59 Transfer . .of . weapon. . to. . anotherlicence ...... 58 59 ...... Term. Codes ...... 57 58 . . . . Information may ordocument be stated on licence 56 ...... Form. . . of licence...... Division 2 55 58 54 57 Form andterm ...... Useof Form information 53 . . Effect...... ofdecisionnotto . . issue .or . renew . . . 52 . intelligence oncriminal based Decision Division 1 Part 4 51 50 49
2 eurmn ogv nomto bu soit ...... 75 and notfit because associate Noticeofintention to cancel . . . . . togive Requirement about associate information 74 73 . . . of mistake because cancelled licence of fact Reinstating . . licensees . . prescribed . of . . Associates How. weapon is to be surrendered 73 72 togive Requirement body’s if notice representative dies or Division 2 71 70 69 V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 4:50 pm 2010 — July 28, V17A_B08_0375_ARTOC.fm rprpro 76 ...... person proper 72 73 ...... stops ...... authority stops epresentative dies or authority epresentative or authority dies 71 ...... 63 ...... 57 ...... Weapons Bill 2010 Bill Weapons Contents Page 3 Page Weapons Bill 2010
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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
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V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Discussion Draft 1 QCAT fornotice information 101 to issue or renew to refuse decision 100 Effect ofsuspension on . renewal...... 100 renewal decided until application ofpermit Continuation 99 . . . for application When renewal must be decided. permit of 98 111 . . . . . for ofapplication Consideration renewal of permit 98 110 ...... Application for renewal ofpermit 97 109 . . . . . for must application bedecided When permit 96 108 ...... Consideration . ofapplication . for permit. 95 107 . . . . Application . for ...... permit ...... 106 ...... Where application . may . . . . . be made 105 95 104 orrenewal Issue 94 General 103 . . . . types . . . permit . . on . Restrictions issue. of particular 102 ...... Permit issuedtobody. Division 1 Part 3 101 100 126 Alteration of permit to acquire by licensed armourer or licensed licensed or by armourer licensed to acquire of permit Alteration 112 . . . . 112 ...... Codes ...... Information may 111 ordocument. be stated on permit ...... Form. . . of . permit . . . . 126 125 110 Form andterm Form 124 . . . . person person an is appropriate whether Deciding 123 110 Division 1 ...... Useof information 109 Deciding whether person is appropriate person Part 4 . . Effect...... ofdecisionnotto . . issue .or . renew . . . 122 intelligence oncriminal based Decision 107 Division 4 106 ...... Associate ...... 121 106 or . about physicalmental . . . health. . inquiries Further 120 . 104 or physical about mental health. toprovide Requirement report 119 ...... or body’s Individual representative 118 103 117 . . . . . 102 toprovide particular. Requirement identifying Deciding whether person is fit and proper person 116 ...... into application. Inquiries 101 115 . . . . Definition for ...... div2...... Division 3 114 intoappli Inquiries 113 112 Division 2 V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 4:50 pm 2010 — July 28, V17A_B08_0375_ARTOC.fm elr 112 ...... dealer 101 ...... permit cations for issueor renewal 109 ...... Weapons Bill 2010 Bill Weapons Contents Page 5 Page Weapons Bill 2010
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Division 2 Term 127 Term of permit ...... 112 128 When permit stops being in force...... 113 Part 5 Conditions 129 Condition imposed on issue or renewal ...... 113 130 Condition imposed under regulation...... 114 Part 6 Amendment 131 Amendment of permit on application ...... 114 132 Amendment of permit by authorised officer ...... 115 133 Immediate temporary amendment of condition by authorised officer ...... 116 134 Notice to return permit for alteration after amendment...... 117 Part 7 Suspension and cancellation Division 1 General 135 Suspension...... 118 136 Cancellation ...... 121 137 Suspension or cancellation notice ...... 122 138 Immediate suspension if body’s representative dies or authority stops ...... 123 139 Requirement to give notice if body’s representative or member of governing body dies or authority stops...... 123 140 Reinstating permit cancelled because of mistake of fact ...... 124 Division 2 Associates of prescribed permit holders 141 Requirement to give information about associate ...... 125 142 Notice of intention to cancel because associate not fit and proper person ...... 126 Part 8 Replacement and surrender 143 Notice of lost or stolen permit...... 127 144 Replacement of permit ...... 127 145 Surrender of permit ...... 127 Chapter 4 Weapons register Part 1 Keeping of register 146 Commissioner must keep weapons register...... 128 147 Meaning of registered weapon ...... 128 148 Meaning of registered regulated item...... 129 Discussion Draft 149 Meaning of registered possessor ...... 129 150 Information about weapon that must be recorded in register . . . . 130
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V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Discussion Draft 151 Information about regulated it about Information regulated 151 7 Dfne 151 ...... 150 . . . . Defence ...... 149 safe . to change Application . . . storage. address. . . way. . to store weapon. in alternative Application . . 147 175 ...... 146 . Interstate licensees in Queensland Miscellaneous 174 . . . . 146 ...... of firearms Particular parts 173 ...... M 145 weapons Category Division 4 144 ...... weapons . Multiple . . . . 172 ...... licensees Prescribed 171 143 170 . . . . . Vehicle ...... 142 ...... Particularobligations 169 141 Container in locked . . . . room ...... 168 141 . . . . . Securestorage facilities at safe storage address. Division 3 ...... Application of div2 167 140 166 140 ...... Availability. . . of securestorage facilities Usual obligations 165 ...... Meaningofsecure storage facilities 139 164 Definitions for pt . 1...... Division 2 163 Safe storage Preliminary 162 161 registered stolen lost or of Notice an Safe storage Division 1 . . weapon stolen lost or of Notice Part 1 137 commissioner to given be to Information 5 Chapter . . . H weapon of acategory Establishinglength thebarrel 160 of ofweapon to establish Production or verify particulars 159 4 Part Verification ofparticulars 134 number serial mark to Application 158 ...... 133 for consideration Special handgun antique 157 . . . . . weapons. on numbers unmarked serial Marking Part 3 132 numbers serial Marking 156 ...... 131 . . . Access . to register...... 155 ...... Information. . thatmay . . . . berecordedinregister 154 Part 2 153 152 V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 4:50 pm 2010 — July 28, V17A_B08_0375_ARTOC.fm epn 136 ...... weapon 131 ...... register d handling ofweapons d handling em that must berecorded in euae tm...... 138 ...... regulated item natraiewy...... 134 ...... in alternative way 138 ...... Weapons Bill 2010 Bill Weapons Contents Page 7 Page Weapons Bill 2010
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Part 2 Safe handling 176 Firearm must be unloaded ...... 151 177 Category H weapon must be worn in particular way ...... 152 Chapter 6 Offences Part 1 Unlawful possession of weapons Division 1 Possession offences 178 Unlawful possession of weapon prohibited ...... 154 179 Effect of licensee’s failure to enter particulars in register ...... 156 180 Possession by licensee of unregistered firearm, prescribed part or conversion unit prohibited ...... 156 Division 2 Lawful possession of weapons other than under a licence 181 Unlicensed person may physically possess and use prescribed weapon to assist primary producer ...... 157 182 Unlicensed minor may physically possess and use prescribed weapon under personal supervision...... 158 Part 2 Unlawful altering of weapons 183 Shortening firearm ...... 159 184 Modifying construction or action of firearm...... 159 185 Altering serial number or other identifying mark of weapon . . . . . 160 Part 3 Unlawful conduct involving weapons, regulated items and particular articles 186 Definitions for pt 3...... 161 187 Discharge of weapon on private land without consent prohibited 161 188 Particular conduct involving weapon in public place prohibited . . 162 189 Dangerous conduct with weapon prohibited ...... 164 190 Possession of weapon under the influence of liquor or drug prohibited ...... 164 191 Possession of knife in public place or school prohibited...... 165 Part 4 Offences involving the acquisition and disposal of weapons Division 1 Acquisition and disposal 192 Definition for div 1...... 167 193 Acquisition of weapon ...... 167 194 Obligations if acquisition of weapon under another lawful authority, justification or excuse ...... 169 195 Sale or other disposal of weapon ...... 170
Discussion Draft 196 Obligations if sale or disposal of weapon under another lawful authority, justification or excuse ...... 171
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V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Discussion Draft 1 Isrco utb iesd 180 must not instructor Licensed ...... Instructor must belicensed 179 . . . . information must 179 dealer obtain prescribed Licensed Firearms instructors 215 must dealer employ Licensed weapons employee. 178 qualified . . 214 ...... Dealermust . . . . be licensed...... Division 4 178 213 . . . . . oroperate Collector weapon. must discharge not Dealers 212 ...... Collectormust belicensed 177 211 Division 3 . . . . 177 information must obtain prescribed armourer Licensed Collectors 210 176 . . must employ weapons armourer employee qualified Licensed 209 ...... must Armourer be licensed Division 2 208 175 Matters by regulated licence Armourers 207 ...... Unlawful possession of licence or permit 175 206 . . . Issue . etc.. of . . licence orpermit...... 174 ...... Division 1 . Contravention ...... condition. . of .permit . . . . 174 Part 6 Contravention . . . . of . licence . . condition ...... 205 173 Offences involving andpermits licences 204 173 ...... Dispatch. .of . weapon ...... 203 172 ...... of weapon Advertising for sale 202 . . . . . 172 Unlawful trafficking in weapons orexplosives Part 5 171 ...... Unlawful. . weapon. supply of 201 ...... of weapon by Acquisition deceit 200 199 Supply, offences other and trafficking 198 197 2 Division 2 Amdscrt raiainms elcne...... 182 weapons in particular must guard carry only security Licensed 181 . . . . . must belicensed. organisation security Armed ...... guard mustsecurity belicensed Armed 221 181 guards must licensee Security Group ensure weapon isnotaccessible to 220 . . . Employee weapon to secure storage facilities must return 180 219 . . . . Definition for ...... div5...... Division 6 218 Grouplicensees 217 216 Division 5 V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 4:50 pm 2010 — July 28, V17A_B08_0375_ARTOC.fm atclrcrusacs 182 ...... circumstances particular 181 . . . person...... unauthorised and security organisationsand security lo ossino te epn 180 ofotherweapons allow possession 178 ...... Weapons Bill 2010 Bill Weapons Contents Page 9 Page Weapons Bill 2010
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222 Licensed security guard must only use particular ammunition. . . 183 223 Employed security guard must return weapon to employer . . . . . 184 224 Self-employed security guard must return weapon to secure storage facilities ...... 184 225 Licensed security organisation must ensure weapon is not accessible to unauthorised person...... 185 Division 7 Theatrical ordnance suppliers 226 Theatrical ordnance supplier must be licensed ...... 185 227 Licensed theatrical ordnance supplier must employ qualified weapons employee...... 186 228 Licensed theatrical ordnance supplier must supervise use of weapon ...... 186 Part 7 Matters regulated by permit 229 Arms fair requires permit ...... 187 230 Historical society requires permit ...... 187 231 Recreational shooting club requires permit ...... 187 232 Target shooting club requires permit ...... 188 233 Weapons club requires permit ...... 188 234 Shooting gallery requires permit ...... 188 235 Shooting range requires permit ...... 188 236 Organised target shooting must be at authorised place...... 188 237 Shooting venue requires permit ...... 189 238 Providing approved training course requires permit ...... 189 Chapter 7 Regulated items Part 1 Preliminary 239 Purpose of ch 7 ...... 189 240 Meaning of regulated item ...... 190 Part 2 Antique handguns Division 1 Interpretation 241 Meaning of antique handgun ...... 190 242 Meaning of pre-percussion handgun ...... 191 Division 2 Registration 243 Application of div 2 ...... 191 244 Application for registration ...... 192 245 Application may be for more than 1 antique handgun ...... 194 Discussion Draft 246 Notice of disposal ...... 194 247 Notice of change in circumstances...... 195
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V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Discussion Draft 254 Application may be for more than 1 permanently deactivated may Application for 1 permanently be 198 than more 198 ...... Application . for...... registration ...... Application of div2 198 254 ...... Definition for pt 3 Registration 253 252 197 Permanently deactivatedA, B or Cweapons category Preliminary Division 2 ...... limited of handgun antique Discharge 251 . . . Safe handgun of antique storage Division 1 Part 3 Possession limited handgun ofantique Storage and handling 250 249 Possession Division 4 248 Division 3 6 Sf trg flsrpitr 210 ...... 209 Safe storage of laser pointer ...... 209 . Possession . . . . . oflaserpointer limited ...... Meaningof laserpointer...... 208 pointers Laser 269 ...... 207 ...... Safe. . storage of detachable magazine 268 207 . . . . Possession. . ofdetachable limited. magazine 267 ...... Definition for pt 6 Part 7 207 Detachablemagazines 266 206 Safe storage of adjustable stock...... 265 ...... 205 . Possession...... ofadjustable stock limited 264 ...... Meaningofadjustable. . . . . stock . Part 6 205 stocks Adjustable 263 . . Safe A,B, C orM of storage weapon. of a category imitation 262 A, B,M weapon or C category Possessionof a imitation of 261 Part 5 Imitations of catego 260 A,B C or Safe deactivated category storage of permanently 259 Part 4 A,B C or deactivated category Storage Possession ofpermanently 202 258 . . . 201 . . . . incircumstances. Noticeofchange . Division 4 Possession ...... Noticeofdisposal . . . 257 Division 3 256 255 V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 4:50 pm 2010 — July 28, V17A_B08_0375_ARTOC.fm iie 205 ...... 204 limited ...... weapon 203 ...... limited weapon 201 ...... B or Cweapon A, category ry A,B, C or Mweapons ry 197 ...... 196 ...... Weapons Bill 2010 Bill Weapons Contents Page 11 Weapons Bill 2010
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Part 8 Restricted articles 270 Meaning of restricted article ...... 211 271 Possession of restricted article limited ...... 212 272 Safe storage of restricted article...... 212 273 Wearing of restraining device ...... 213 274 Wearing of baton ...... 214 Part 9 Supply and dispatch of regulated items 275 Supply of regulated item limited ...... 215 276 Record of disposal of regulated item ...... 215 277 Dispatch of regulated item ...... 216 Part 10 Excluded persons 278 Acquisition and possession of regulated item prohibited ...... 216 Chapter 8 Reviews 279 Who may apply for review ...... 217 280 Stay of operation of decision ...... 217 281 Protection of criminal intelligence...... 218 Chapter 9 Miscellaneous Part 1 Appointments 282 Approved officer ...... 219 283 Authorised officer ...... 219 Part 2 Declarations, statements and exclusion notices 284 Declaration of weapons category by commissioner ...... 220 285 Statement required under Customs (Prohibited Imports) Regulations 1956 (Cwlth) ...... 221 286 Statement of eligibility ...... 221 287 Exclusion notice ...... 222 Part 3 QPS website 288 What is the QPS website ...... 224 289 When information is published on the QPS website...... 224 Part 4 Disclosure of information by particular entities 290 Professional carer...... 225 291 Relevant entity ...... 226 292 Requirement to give information under condition of permit . . . . . 227 Part 5 Owners of rural land Discussion Draft 293 Owner of rural land giving permission to shoot must keep register ...... 227
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V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Discussion Draft 294 Owner of rural land incurs no liability merely by giving written written by merely giving liability no incurs land of rural Owner 294 2 Teteto nnoprtdbde...... 246 245 Treatment...... bodies. of unincorporated . . Executive withAct. complies corporation officer must ensure 245 provisions miscellaneous Other 245 Onus ofproof—exemption ...... 321 . . . . . 244 provision—age ofperson evidentiary Special 320 ...... 244 ...... Presumption of possession Part 10 . . . . not matters required. evidence Opinion particular of 242 319 Evidencegiven by . . . 242 approved ...... officer ...... 318 242 ...... Statement . . . . in . complaint...... 317 ...... 241 inregisters Entries kept underAct 316 241 ...... inweapons register Entries 315 ...... 240 . . . . Information published onQPS website 314 ...... 240 Other evidentiary aids 313 ...... Signatures 240 312 240 . . . Appointments . and authority ...... 311 ...... Application of div2 310 238 309 ...... Disqualification . . and . other . . orders . . 237 . . . provisions Evidentiary 308 236 Power ...... to prohibit publication of proceedings 307 ...... 235 Sourceofinformation not to bedisclosed Division 2 ...... Protection of . informer . 235 306 ...... Joinderof . . charges ...... 233 305 Proceedings for an offence...... 233 ...... 304 Indictable offences ...... 303 302 232 Legalproceedings Procedure 301 ...... weapon surrendered with Dealing 231 300 ...... Amnesty . declaration...... Division 1 231 for Amnesty weapons Part 9 council may Advisory be established ...... 299 229 council Advisory 298 ...... 229 Request for information aboutmembers Part 8 ...... Noticeofexpelled ...... members. . 297 associations Shooting Part 7 296 295 Part 6 V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 4:50 pm 2010 — July 28, V17A_B08_0375_ARTOC.fm emsint ho o atclrproe...... 228 ...... toshoot purpose for particular permission Weapons Bill 2010 Bill Weapons Contents Page 13 Weapons Bill 2010
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322 False or misleading statements ...... 247 323 Service of documents...... 247 324 Approval of forms ...... 248 325 Regulation-making power...... 248 326 Transitional regulation-making power ...... 249 Chapter 10 Repeal provision 327 Repeal ...... 249 Chapter 11 Transitional provisions Part 1 Preliminary 328 Definitions for ch 11 ...... 249 329 Acts Interpretation Act, s 20 not limited ...... 250 Part 2 Application of Act 330 Continuing effect of authority in relation to scientific or experimental work ...... 250 331 Continuing effect of exemption granted by commissioner ...... 250 332 Permanently inoperable firearms ...... 251 Part 3 Licences 333 Table of corresponding licences ...... 251 334 Continuing effect of existing licences ...... 252 335 Licence subject to condition ...... 252 336 Continuing effect of suspension ...... 253 337 Revocation notice under s 29 of repealed Act ...... 253 338 Continuing effect of amendment...... 254 Part 4 Permits, approvals and other authorities 339 Table of corresponding permits ...... 254 340 Continuing effect of existing permits, approvals and other authorities ...... 256 341 Permit, approval or other authority subject to condition ...... 256 342 Continuing effect of suspension ...... 257 343 Revocation notice under section 96, 106 or 113C of repealed Act 257 344 Continuing effect of amendment...... 258 Part 5 Domestic violence orders 345 Domestic violence orders ...... 259
Discussion Draft Part 6 Applications 346 Effect of commencement on applications for licences, permits, approvals and other authorities ...... 261
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V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Discussion Draft 5 Apiainfrlcne’ ersnaie 262 for Application approval wayserial alternative of of marking 262 ...... Application for licensee’s representative ...... for Application ofapproved change place 261 352 . . . . to acquire for about Information application permit 351 forlicenc application about Information 350 Application 349 348 347 for amendment temporar Noticeofproposed 266 amendme Noticeofproposed . . . 266 way number in alternative serial tomark Requirement ...... number Requirementserial tomark 364 265 Noticeofintention to revoke dealer’s because notfit associate 363 . . . 265 togive Requirement about dealer’s declaration associates 362 . . . . conditions licence of amendment Noticeofproposed 361 Notices 360 359 for Application representative of 358 for Application of amendment ga 7 Part Application 357 for Application of amendment shoo 356 355 Application 354 for 353 for amendment amendm 366 Notice of proposed temporar Noticeofproposed of amendment Noticeofproposed 366 365 6 Ntc fpooe mnmn fgleyapoa odtos..269 temporary Noticeofproposed . . approval conditions gallery of amendment Noticeofproposed 368 367 7 Rve o omne 272 ...... Review not commenced 272 Reviews ...... 271 Effect ofcommencement onsentencing ...... Effect ofcommencement onproceedings 374 271 Offences Part 9 approvedof . . . club pistol Show report cause notice—annual 373 . . . . 270 ...... Noticetodispose 372 ...... condition. Show cause notice—participation Part 8 371 370 369 V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 4:50 pm 2010 — July 28, V17A_B08_0375_ARTOC.fm n rpr 266 ...... proper and 264 ...... conditions 263 ...... number odtos...... 267 ...... conditions emtcniin ...... 267 ...... conditions permit odtos...... 268 ...... conditions odtos...... 270 ...... conditions n frneapoa odtos 263 . . . ent of range approval conditions. o iec odtos...... 262 ...... of licence conditions of weapons club approvalclub of weapons y amendment of shooting club of shooting y amendment y amendment of rangey amendment approval nt of shooting club permit club permit nt shooting of amendment of gallery approval of gallery amendment odro alr prvl.....264 . . . approval of holder gallery lr prvlcniin 263 . . . approval conditions llery rneapoa odtos...268 . . range approval conditions 270 ...... igcu emtcniin ..263 . . conditions permit ting club 261 ...... e Weapons Bill 2010 Bill Weapons Contents Page 15 Weapons Bill 2010
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375 Review not finally decided ...... 274 Part 10 Miscellaneous 376 Firearms register ...... 275 377 Register kept by licensee or holder of permit, approval or other authority ...... 275 378 Register kept by landowner ...... 276 379 Registration of antique handguns...... 276 380 Registration of permanently deactivated category A, B or C weapons ...... 276 381 Approved officers ...... 276 382 Authorised officers ...... 276 383 Authorised officers—antique firearms ...... 277 384 Approved training courses ...... 277 385 References to repealed Act ...... 277 386 Compensation ...... 277 Chapter 12 Amendment of legislation 387 Legislation amended in sch 3...... 278 Chapter 13 Weapons Categories Regulation 2010 388 Making of Weapons Categories Regulation 2010 ...... 278 Schedule 1 Reviewable decisions ...... 279 Schedule 2 Subject matter for regulations ...... 281 1 Authorising things under licence or permit ...... 281 2 Categorising weapons ...... 281 3 Limiting or prohibiting licensing of particular weapons...... 281 4 Limiting or prohibiting acquisition, possession or use of weapons and regulated items ...... 281 5 Limiting or prohibiting activities involving weapons ...... 281 6 Registers ...... 281 7 Duties of bodies’ representative and governing body members ...... 282 8 Duties of persons engaging in activities conducted by permit holders ...... 282 9 Shooting galleries, shooting ranges and shooting venues ...... 282 10 Approved training course ...... 282 11 Functions and powers ...... 282 Discussion Draft 12 Conditions of licences, permits and exemptions ...... 283 Schedule 3 Legislation amended ...... 284
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V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm Discussion Draft
V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 4:50 pm 2010 — July 28, V17A_B08_0375_ARTOC.fm o rc c 93 305 304 Tow ...... Truck ...... Act 1973 ...... Act 1991 ofQueensland 304 Supreme Court 304 ...... Instruments .Statutory . Act 1992 ...... 303 Act1983 Protective Buildings Security State ...... 303 . ProvidersSecurity Act 1993 303 Pawnbrokers Dealers and Second-hand . . . . Act 2003...... 302 Recreation AreasManagement Act 2006 302 . . Administrativeand Civil TribunalQueensland 2009 Regulation ...... 301 Administrativeand Civil TribunalQueensland Act2009 296 . . 296 . . Police Powers 2000. Regulation and Responsibilities ...... 296 Police. . . . . Powers Act 2000. and Responsibilities . . 2006 (Wildlife Regulation Management) Nature Conservation 2006 Regulation 295 Areas Management) (Protected Nature Conservation ...... ActNature Conservation 1992 295 . . Mutual Recognition . . (Queensland). Act . 1992...... 294 294 Judicial Review ...... Act .1991 ...... 292 Fossicking Act1994 ...... 291 Explosives Regulation 2003 ...... Explosives...... 291 . Act 1999 289 ...... Act . 1994. . Electricity ...... 288 . . . . Domestic and Family Act1989. Protection Violence ...... Proceeds Confiscation Act 2002 Criminal 288 . . Organisation . Act. 2009 Criminal ...... 288 287 . . . Code. . . Criminal ...... 287 . Corrective Regulation 2006 Services 287 ...... Corrective Act 2006 Services ...... Regulation 2001 Guardian 286 Youngand for Commission Children People Child and ...... 2000 Act Guardian 286 Youngand for Commission Children People Child and ...... 285 1999 Rule Gaming Non-Profit and Charitable ...... 285 Charitable and Non-Profit Gaming Act 1999 ...... Forest. . Brisbane . . . . Park 285 . . By-law 1999 284 ForestBrisbane Park . . . . Act 1977...... 284 . Adoption Regulation 2009 ...... Adoption Act . 2009 . . . . Weapons Bill 2010 Bill Weapons Contents Page 17 Weapons Bill 2010
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Transport Operations (Passenger Transport) Act 1994 ...... 305 Transport Operations (Passenger Transport) Standard 2000. . . . 306 Youth Justice Act 1992 ...... 307 Schedule 4 Weapons Categories Regulation 2010 ...... 308 Part 1 Preliminary 1 Short title ...... 308 2 Purpose—Act, sections 6(1)(b) and 7 and sch 5, definition class 308 Part 2 Categories of weapons 3 Prescribed categories of weapons ...... 308 4 Category A weapons ...... 309 5 Category B weapons ...... 310 6 Category C weapons ...... 310 7 Category D weapons ...... 311 8 Category E weapons ...... 312 9 Category H weapons ...... 312 10 Category H weapon classes...... 313 11 Category M weapons ...... 313 12 Category R weapons ...... 316 Part 3 Repeal provision 13 Repeal ...... 318 Schedule 5 Dictionary ...... 319 Discussion Draft
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V17A_B08_0375_ARTOC.fm — July 28, 2010 4:50 pm 2010
A Bill for An Act prohibiting or regulating the possession, use, acquisition, disposal, dispatch, storage and supply of weapons and regulated items and to provide for the prevention of the misuse of weapons and regulated items and for related purposes, and to amend the legislation stated in schedule 3 for particular purposes, and to make the Weapons Categories Regulation 2010 Discussion Draft
V17A_B08_0375_AR_.fm — July 28, 2010 4:40 pm Weapons Bill 2010 Chapter 1 Preliminary Part 1 Introduction
[s 1]
The Parliament of Queensland enacts—
Chapter 1 Preliminary
Part 1 Introduction
1 Short title This Act may be cited as the Weapons Act 2010.
2 Commencement This Act commences on a day to be fixed by proclamation.
Part 2 Main objects
3 Main objects of Act The main objects of this Act are— (a) to prevent the misuse of weapons and regulated items; and (b) to make the possession and use of weapons and regulated items subordinate to the need to ensure public and individual safety; and (c) to improve public and individual safety by imposing strict controls on the possession and use of weapons and regulated items and requiring the safe and secure storage
Discussion Draft and handling of weapons and regulated items.
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V17A_B08_0375_AR_.fm — July 28, 2010 4:40 pm Weapons Bill 2010 Chapter 1 Preliminary Part 3 Interpretation
[s 4]
4 How main objects are achieved The main objects are to be achieved primarily by— (a) prohibiting the possession and use of all automatic and self-loading rifles and automatic and self-loading shotguns other than in special circumstances; and (b) limiting or prohibiting the possession and use of other weapons and regulated items; and (c) establishing an integrated licensing and registration scheme for the lawful possession of weapons and particular regulated items; and (d) requiring each entity that wishes to possess a weapon under a licence to demonstrate a genuine reason for possession of the weapon; and (e) imposing strict requirements that must be satisfied for licences authorising possession and use of weapons; and (f) establishing a permit scheme for the lawful conduct of particular activities involving weapons; and (g) requiring particular regulated items to be registered; and (h) prohibiting particular conduct, involving weapons, regulated items and other particular articles, that may cause death, injury or alarm to a person.
Part 3 Interpretation
5 Definitions The dictionary in schedule 5 defines particular words used in this Act. Discussion Draft
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V17A_B08_0375_AR_.fm — July 28, 2010 4:40 pm Weapons Bill 2010 Chapter 1 Preliminary Part 3 Interpretation
[s 6]
6 Meaning of weapon (1) A weapon is— (a) a firearm; or (b) a thing prescribed under a regulation to be within a category of weapon. Note— See the Weapons Categories Regulation 2010 for provisions prescribing particular things, including imitations of weapons, major component parts of weapons and conversion units to be within particular categories of weapons. (2) A firearm is a weapon even if it is— (a) temporarily deactivated; or (b) incomplete. (3) A thing mentioned in subsection (1)(b) is a weapon even if it is— (a) inert; or (b) incomplete.
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. Discussion Draft
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[s 8]
8 Meaning of firearm (1) A firearm is— (a) a gun or other thing ordinarily described as a firearm; or (b) a thing ordinarily described as a weapon that, if used in the way for which it was designed, is capable of being aimed at a target and causing death or injury by discharging— (i) a projectile; or (ii) a corrosive, noxious or irritant chemical, gas, liquid, powder or other substance. Note— An imitation of a firearm is not a firearm within the meaning of this subsection. However, an imitation of a firearm may still be a weapon under section 6(1)(b) if it is prescribed under a regulation 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) However, a firearm does not include— (a) an antique firearm; or Note— An antique firearm that is an antique handgun is a regulated item—see 240(a). (b) a permanently deactivated category A, B or C weapon; or Note— A permanently deactivated category A, B or C weapon is a regulated item—see 240(b). (c) a public monument; or (d) a crossbow, or an imitation of a crossbow; or (e) a longbow, or an imitation of a longbow; or (f) a slingshot; or Discussion Draft (g) a spear gun, or an imitation of a spear gun; or (h) a captive bolt humane killer; or
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(i) an explosive tool. Note— Although the things mentioned in subsection (2) are not firearms, under chapter 6, part 3 (Unlawful conduct involving weapons, regulated items and particular articles), particular conduct involving a thing mentioned in subsection (2), other than a public monument, is prohibited. (3) To remove any doubt, it is declared that a thing that is a firearm under this section is a firearm even if it is— (a) temporarily deactivated; or (b) incomplete.
9 Meaning of antique firearm (1) An antique firearm is a thing that— (a) was manufactured before 1 January 1901; and (b) is 1 of the following— (i) a muzzle loading firearm; (ii) a cap and ball firearm; (iii) a firearm mentioned in section 8(1) for which cartridge ammunition is not commercially available. (2) However, a firearm mentioned in subsection (1)(b)(iii) is taken to be an antique firearm only if— (a) a person approved by the commissioner for this paragraph certifies, in the approved form, that cartridge ammunition for the firearm is not commercially available; or (b) a notice published on the QPS website for the purpose of this paragraph states that cartridge ammunition for the firearm is not commercially available.
Discussion Draft (3) The commissioner may approve a person for subsection (2)(a) only if—
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(a) the person is a member of the police service or a public service employee; and (b) the commissioner is satisfied the person has the necessary expertise or experience to certify that cartridge ammunition for the firearm is not commercially available. (4) In this section— not commercially available means not commercially available in Queensland or elsewhere, including outside Australia.
10 Meaning of public monument (1) A public monument is a prescribed category R weapon that is— (a) permanently incapable of being discharged; and (b) permanently and lawfully displayed in a public place for memorial or commemorative purposes. Examples— • permanently deactivated WWI artillery permanently displayed in the foyer or grounds, open to the public, of an RSL club • a permanently deactivated Bofors anti-aircraft gun mounted on a concrete platform in a public park (2) For subsection (1), a prescribed category R weapon is permanently displayed only if the weapon is displayed in a way that prevents its removal by an unauthorised person. (3) In this section— public place includes a place that can be seen from a public place. prescribed category R weapon means—
Discussion Draft (a) a thing mentioned in the Weapons Categories Regulation 2010, section 12(1)(a), (c), (i), (j) or (k); or (b) an imitation of a thing mentioned in paragraph (a).
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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 spear gun.
12 When a firearm is permanently deactivated (1) A firearm is permanently deactivated if— (a) it is modified in the way prescribed under a regulation to make it permanently incapable of being discharged; and (b) a licensed armourer, or a person approved by the commissioner for this paragraph, certifies in the approved form that the firearm is permanently incapable of being discharged. (2) The commissioner may approve a person for subsection (1)(b) Discussion Draft only if the commissioner is satisfied the person has the
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necessary expertise or experience to certify that a firearm is permanently incapable of being discharged. (3) A regulation made under subsection (1)(a) may prescribe a way approved by an authorised officer.
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.
Part 4 Operation of Act
14 Act binds all persons This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
15 Persons to whom Act does not apply (1) This Act does not apply to the following persons— (a) a member of the defence force in relation to that person’s possession, use, acquisition, disposal, dispatch, storage or supply of a weapon as part of the performance of the person’s functions as a member of the defence force; or (b) a member of the armed forces of any government
Discussion Draft associated with the defence force in relation to that person’s possession, use, acquisition, disposal, dispatch, storage or supply of a weapon as part of the
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performance of the person’s functions as a member of the armed forces of the government; or (c) a member of a cadet force under the Cadet Forces Regulations 1977 (Cwlth) in relation to that person’s possession, use or storage of a weapon when engaged in the activities of the cadet force; or Editor’s notes— 1 Under the Cadet Forces Regulations 1977 (Cwlth), section 2— cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets. member means an officer, instructor or cadet in a cadet force. 2 The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth), the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth). (d) a police officer, special constable, or trainee member of the Queensland Police Service, or any other member of that service authorised by the commissioner for the purpose of this paragraph, in relation to that person’s possession, use, acquisition, disposal, dispatch, storage or supply of a weapon as part of the performance of the person’s functions as a member of that service; or (e) a person mentioned in paragraph (d) while the person is not on duty as a member of the Queensland Police Service in relation to that person’s possession, use or storage of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession, use and storage of weapons; or (f) a member of the Australian Federal Police under the Australian Federal Police Act 1979 (Cwlth) or a
Discussion Draft member of the police service of another State or country in relation to that person’s possession, use, acquisition, disposal, dispatch, storage or supply of a weapon—
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(i) as part of the performance of the person’s functions as a member of the Australian Federal Police or police service of another State or country; or (ii) when engaged in the performance of a function for the Queensland Police Service at the request of the commissioner; or (g) a custodial officer, however described, of the Commonwealth or another State in relation to that person’s possession, use, acquisition, disposal, dispatch, storage or supply of a weapon as part of the performance of the person’s functions as a custodial officer of the Commonwealth or another State; or (h) an officer of Customs under the Customs Act 1901 (Cwlth) in relation to that person’s possession, use, acquisition, disposal, dispatch, storage or supply of a weapon as part of the performance of the person’s functions as an officer of Customs; or (i) a person, who is at least 17 years, who is in control of a ship or aircraft in relation to that person’s possession, use, acquisition, disposal, dispatch, storage or supply of safety equipment as part of the performance of the person’s functions of taking safety measures on board, or in connection with, the ship or aircraft; or (j) a person who is engaged in the transport under consignment of merchandise for a licensed dealer or the defence force or an authority of the Commonwealth or a State, in relation to that person’s possession, dispatch, or storage of a weapon when engaged in the transport under consignment of the merchandise; or (k) a person, other than an excluded person, who is engaged in scientific or experimental work with a weapon under an authority granted by the Minister, in relation to that
Discussion Draft person’s possession, use, acquisition, disposal, dispatch, storage or supply of a weapon when engaged in the scientific or experimental work.
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(2) The Minister may delegate the Minister’s power to grant an authority under subsection (1)(k) to the commissioner. (3) In this section— flare gun means a gun capable of discharging by any means any pyrotechnic flare, smoke or dye. in control, of a ship or aircraft, means in control of the ship or aircraft as the owner, lessee, hirer or licensee of the ship or aircraft. safety equipment means— (a) a flare gun designed for emergency or lifesaving purposes; or (b) another device designed for emergency or lifesaving purposes that is published on the QPS website for the purpose of this paragraph; or (c) ammunition for a thing mentioned in paragraph (a) or (b). ship means any kind of boat or other vessel used, or intended to be used, in navigation by water or for any other purpose on water. weapon includes regulated item.
16 Queensland Police Service (1) This Act does not apply to the Queensland Police Service in relation to the service’s possession, use, acquisition, disposal, storage, or supply of a weapon as part of the performance of the functions of the service. (2) In this section— weapon includes regulated item. Discussion Draft
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17 Government service entities and employees (1) This Act does not apply to a government service entity or an employee of a government service entity in relation to the entity’s or employee’s possession, use, acquisition, disposal, storage, or supply of a weapon as part of the performance of— (a) if particular functions of the entity or employee are prescribed under a regulation—the prescribed functions; or (b) otherwise—the functions of the entity or employee. (2) However, subsection (1) does not exempt a government service entity or an employee of a government service entity from this Act unless the entity or employee complies with— (a) the conditions prescribed under a regulation; and (b) any other reasonable and relevant conditions that the commissioner imposes. (3) Without limiting subsection (2)(b), in imposing conditions, the commissioner must have regard to the need to ensure public and individual safety. (4) In this section— government service entity means— (a) a department, other than the Queensland Police Service; or (b) a museum under the control of the government of the State or the Commonwealth; or (c) another entity prescribed under a regulation that is— (i) established under an Act, or other authorisation, of a State or the Commonwealth for a public purpose; or (ii) engaged by a State or the Commonwealth, or an Discussion Draft entity mentioned in subparagraph (i), to provide a
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service for the State or the Commonwealth or the entity. weapon includes regulated item.
18 Persons engaged in authorised activity for defence force, etc. (1) This Act does not apply to a person, other than an excluded person, who is engaged in an authorised activity for a prescribed entity in relation to the person’s possession, use, acquisition, dispatch, disposal, storage or supply of a weapon when engaged in the authorised activity. (2) However, subsection (1) does not exempt a person from this Act unless the person complies with— (a) the conditions prescribed under a regulation; and (b) any other reasonable and relevant conditions that the commissioner imposes by notice given to the person. (3) Without limiting subsection (2)(b), in imposing conditions, the commissioner must have regard to the need to ensure public and individual safety. (4) In this section— authorised activity means the manufacture, assembly, handling, transport or warehousing of a weapon. prescribed entity means— (a) the defence force; or (b) the armed forces of any government associated with the defence force; or (c) an authority of the Commonwealth or a State. weapon includes regulated item. Discussion Draft
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19 Exemption from Act (1) An entity may apply to the commissioner for an exemption from this Act or a provision of this Act. (2) The application must be— (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) The commissioner may grant the exemption only if the commissioner is satisfied that any possession or use of a weapon or regulated item under the exemption is consistent with the main objects of this Act as mentioned in section 3. (4) The exemption— (a) must be in writing; and (b) may state reasonable and relevant conditions. (5) Without limiting subsection (4)(b), in imposing conditions, the commissioner must have regard to the need to ensure public and individual safety. (6) The exemption is for the term, of not more than 12 months, stated on the exemption, or if no term is stated, for 12 months. (7) The commissioner may amend or cancel the exemption at any time by notice given to the entity. (8) An amendment or cancellation under subsection (7) takes effect— (a) on the day when the notice mentioned in subsection (7) is given to the entity; or (b) if a later day is stated in the notice—on the stated day. (9) An entity must not contravene a condition of an exemption that applies to the entity. Maximum penalty for subsection (9)—60 penalty units or 1 year’s imprisonment. Discussion Draft
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[s 20] Chapter 2 Licences
Part 1 General
20 Types of licences An authorised officer may issue the following types of licences under this Act— (a) armourer’s licence; (b) blank-fire firearms licence; (c) collector’s licence; (d) concealable firearms licence; (e) dealer’s licence; (f) firearms instructor’s licence; (g) firearms licence; (h) group licence; (i) minor’s licence; (j) miscellaneous weapons licence; (k) security licence (guard); (l) security licence (organisation); (m) theatrical ordnance supplier’s licence; (n) visitor’s licence.
21 Things authorised by licences (1) A licence authorises a licensee to— (a) do the things authorised under a regulation; and
Discussion Draft (b) possess and use, for any other lawful purpose, a weapon, or type or category of weapon, stated on the licence.
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(2) A regulation, or the licence itself, may also authorise other persons to do all or any of the things authorised by the licence. Example— A qualified weapons employee employed by a licensed armourer may be authorised to do particular things under the armourer’s licence. (3) However, the authority to do any thing, or possess or use a weapon, under a licence is subject to the following— (a) this Act; (b) a condition of the licence, whether imposed by an authorised officer or prescribed under a regulation. (4) If the use of a weapon is authorised under another Act, a licensee does not contravene this Act only because the licensee uses the weapon in the way authorised under the other Act. (5) In this section— weapon includes regulated item.
22 Possession and use not lawful if licence of another type is needed (1) The possession or use of a weapon under a licence is not lawful to the extent that, under a regulation, a licence of another type is needed to authorise that possession or use. Example— X holds a firearms licence that on its face authorises X to possess or use any category A or B weapon. However, X must not possess or use a category A or B weapon— (a) as part of a collection of weapons (a collector’s licence is needed); or (b) in performing functions as a security guard (a security licence (guard) is needed); or (c) in performing functions as a security organisation (a security Discussion Draft licence (organisation) is needed); or
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(d) to store, manufacture, modify or repair the weapon in the course of a business of armourer (an armourer’s licence is needed); or (e) for the purpose of dealing in weapons (a dealer’s licence is needed); or (f) for the purpose of supplying the weapon, without a change in its ownership, on a temporary basis for use in a film, television or theatrical production (a theatrical ordnance supplier’s licence is needed); or (g) to give instruction for an approved training course (a firearms instructor’s licence is needed). (2) In this section— weapon includes regulated item.
23 Authorisation under a licence held by a body (1) A licence held by a body does not authorise the body to physically possess a weapon, or type or category of weapon, other than by the body’s representative. (2) A licence held by a body authorises the body’s representative to physically possess and use a weapon, or type or category of weapon, stated on the licence for any purpose of the body that is authorised by the licence. (3) This section applies despite any other provision of this Act. (4) In this section— weapon includes regulated item.
24 Transport of weapon (1) A licence authorises the licensee to possess the weapon to which the licence relates for or during its transportation only if— (a) the transportation is necessarily incidental to engaging in an activity for which the weapon may be lawfully Discussion Draft used under the licence; and
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Examples for paragraph (a)— • A firearms licensee issued for the genuine reason of engaging in the sport of target shooting may authorise transportation of a weapon to or from an approved range for use in the sport of target shooting. • A licence that authorises possession of a weapon may authorise transportation of the weapon from secure storage facilities for the weapon to a licensed armourer or licensed dealer, and its return transportation, for the purpose of repairing the weapon. (b) the licensee takes reasonable precautions to ensure that the weapon can not be readily discharged during the transportation. Examples of reasonable precautions for paragraph (b)— • removing the bolt from a bolt operated firearm • placing the weapon in a hard carry case (2) Despite subsection (1), a minor’s licence does not authorise the licensee to physically possess the weapon to which the licence relates for or during its transportation to or from a licensed armourer or licensed dealer. Note— A minor can not obtain a permit to acquire and therefore can not be the registered possessor of a registered weapon. The adult who is the registered possessor of a registered weapon to which a minor’s licence relates may transport the weapon to or from a licensed armourer or licensed dealer under subsection (1). (3) This section applies despite any other provision of this Act. (4) In this section— licensee includes a person authorised, under the licence, to possess the weapon to which the licence relates. weapon includes regulated item. Note— Discussion Draft A licensee who does not comply with this section may commit an offence against section 178 (Unlawful possession of a weapon prohibited).
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25 Licence may be issued only to particular individuals and bodies An authorised officer may issue a licence only to— (a) an individual under section 26; or (b) a body under section 28.
26 Licence issued to individual (1) An authorised officer may issue a licence to an individual only if the individual— (a) is— (i) for a licence other than a minor’s licence—an adult; or (ii) for a minor’s licence—at least 11 years but under 18 years; and (b) has a genuine reason for possession of the weapon, or type or category of weapon, the possession of which is to be authorised by the licence; and (c) is a fit and proper person to hold the licence; and (d) has access to secure storage facilities for the weapon, or type or category of weapon, the possession of which is to be authorised by the licence; and (e) has, under a regulation, an adequate knowledge of safety practices for the use, storage and maintenance of the weapon, or type or category of weapon, the possession of which is to be authorised by the licence; and (f) subject to section 27, resides only in Queensland. (2) Also, an authorised officer may issue a prescribed licence to Discussion Draft an individual only if each associate of the individual is a fit
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and proper person to be an associate of the prescribed licensee.
27 Individual residing outside Queensland (1) Section 26(1)(f) does not apply to— (a) an individual who resides in a State adjoining Queensland, and is not disqualified from obtaining a similar licence in the adjoining State; or (b) an individual who resides in a State other than an adjoining State but whose main place of residence is Queensland, and is not disqualified from obtaining a similar licence in the other State; or (c) an individual applying for a visitor’s licence. (2) In this section— similar licence means an authority issued under the law of the adjoining or other State that authorises possession of a weapon, or type or category of weapon, similar to the weapon, or type or category of weapon, for which the person is applying for a licence under this Act.
28 Licence issued to body (1) An authorised officer may issue a licence to a body only if— (a) the body has a genuine reason for possession of the weapon, or type or category of weapon, the possession of which is to be authorised by the licence; and (b) the body has access to secure storage facilities for the weapon, or type or category of weapon, the possession of which is to be authorised by the licence; and (c) the body’s representative—
Discussion Draft (i) is an adult; and (ii) is a fit and proper person to be the representative of a body holding the licence; and
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(iii) has access to secure storage facilities for the weapon, or type or category of weapon, the possession of which is to be authorised by the licence; and (iv) has, under a regulation, an adequate knowledge of safety practices for the use, storage and maintenance of the weapon, or type or category of weapon, the possession of which is to be authorised by the licence; and (v) resides only in Queensland. (2) Also, an authorised officer may issue a prescribed licence to a body only if each associate of the body is a fit and proper person to be an associate of the prescribed licensee.
29 Genuine reason for possession of a weapon (1) An individual or body has a genuine reason for possession of a weapon, or type or category of weapon, if the individual’s or body’s reason for possession of the weapon, or type or category of weapon, is— (a) an occupational requirement; or (b) to conduct the business of armourer, dealer, security organisation or theatrical ordnance supplier; or (c) to start sporting events or engage in theatrical productions; or (d) the collection, preservation or study of weapons; or (e) historical or military re-enactments; or (f) the sport of target shooting; or (g) recreational shooting; or (h) military simulation games; or (i) martial arts activities; or Discussion Draft (j) to give instruction for an approved training course.
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(2) To remove any doubt, it is declared that self-defence is not a genuine reason for possession of a weapon, or type or category of weapon.
30 Restrictions on issue of particular licence types (1) A regulation may prescribe a restriction on the issue of a particular type of licence. (2) Without limiting subsection (1), or the Statutory Instruments Act 1992, section 24 or 25, a restriction may relate to— (a) the weapon, or type or category of weapon, for which a particular type of licence may be issued; or (b) the class of individuals or bodies to whom a particular type of licence may be issued; or (c) the particular genuine reason for possession of a weapon, or type or category of weapon, that an applicant must have to be issued with a particular type of licence. (3) A restriction prescribed under a regulation on the issue of a particular type of licence is in addition to a restriction mentioned in section 26 or 28. (4) In this section— weapon includes regulated item.
Part 3 Issue and renewal
Division 1 General
Discussion Draft 31 Where application may be made An application for a licence, or renewal of a licence, may be made only—
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(a) at a police station or police establishment; or (b) in a way published on the QPS website for the purpose of this paragraph, including, for example, by submitting the application online.
32 Application for licence (1) An application for a licence must— (a) be in the approved form; and (b) be made personally by— (i) if the applicant is an individual—the individual; or (ii) if the applicant is a body—the body’s representative; and (c) state— (i) the applicant’s genuine reason for possession of the weapon, or type or category of weapon, the possession of which is to be authorised by the licence; and (ii) the address of each place (other than a vehicle) where a weapon, or type or category of weapon, the possession of which is to be authorised by the licence, will be usually kept; and (iii) enough information about the storage facilities to be made available at each place mentioned in subparagraph (ii) to enable an authorised officer to decide whether the facilities are secure storage facilities for the weapon, or type or category of weapon; and (iv) for a prescribed licence— (A) the address of the premises where the applicant will conduct the business under the
Discussion Draft licence; and
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(B) the full name, occupation and residential address of each of the applicant’s associates; and (C) the details of each associate’s relevant financial interest, relevant power or relevant position in the business; and (v) if the applicant is the registered possessor of a weapon and the applicant is not required, under this Act, to keep a register including the weapon—the particulars of the weapon prescribed under a regulation; and (vi) if the applicant is registered, under an Act of another State, as owning or possessing a weapon—the particulars of the weapon prescribed under a regulation; and (d) be accompanied by— (i) the fee prescribed under a regulation; and (ii) evidence of identity for the individual or body’s representative; and (iii) evidence that the individual or the body’s representative has, under a regulation, an adequate knowledge of safety practices for the use, storage and maintenance of the weapon, or type or category of weapon, the possession of which is to be authorised by the licence; and (iv) the documents or information prescribed under a regulation. (2) An authorised officer may, by notice given to the applicant, require the applicant to give to the authorised officer, within a stated reasonable time of at least 14 days, the further documents or information the authorised officer reasonably
Discussion Draft requires to decide the application. (3) An applicant for a licence is taken to have withdrawn the application if—
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(a) all of the following apply— (i) the applicant has contravened subsection (1) by not stating a thing mentioned in subsection (1)(c) or not providing a thing mentioned in subsection (1)(d) (the missing thing); (ii) an authorised officer requires the applicant to state or provide the missing thing; (iii) the applicant refuses, or fails within a stated reasonable time, to comply with the requirement; (iv) an authorised officer gives the applicant a notice stating that the applicant is taken to have withdrawn the application; or (b) both of the following apply— (i) the applicant refuses, or fails within a stated reasonable time, to comply with a requirement to provide further documents or information under subsection (2); (ii) an authorised officer gives the applicant a notice stating that the applicant is taken to have withdrawn the application. (4) In this section— evidence of identity means the evidence of identity prescribed under a regulation.
33 Consideration of application for licence (1) An authorised officer must consider an application for a licence and may issue the licence or refuse to issue it. (2) In deciding the application, the authorised officer may consider anything at the authorised officer’s disposal. Discussion Draft
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34 When application for licence must be decided (1) An authorised officer must decide an application for a licence as soon as practicable after the end of the period prescribed under a regulation. (2) However, an authorised officer may decide the application before the end of the prescribed period if— (a) the authorised officer is satisfied there are exceptional circumstances; or (b) the applicant holds, under this Act, a licence of another type.
35 Application for renewal of licence (1) A licensee may apply for the renewal of the licence. (2) The licensee must make the application for renewal of the licence within 90 days before the day the licence expires. (3) However, an authorised officer may accept an application made before the start of the period mentioned in subsection (2) if the authorised officer is satisfied there are exceptional circumstances. (4) The application for renewal must be— (a) in the approved form; and (b) made personally by— (i) subject to section 36, for a licence held by an individual—the individual; or (ii) for a licence held by a body—the body’s representative; and (c) accompanied by— (i) the fee prescribed under a regulation; and (ii) the documents or information prescribed under a Discussion Draft regulation.
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(5) An authorised officer may, by notice given to the applicant, require the applicant to give to the authorised officer, within a stated reasonable time of at least 14 days, the further documents or information the authorised officer reasonably requires to decide the application. (6) The licensee is taken to have withdrawn the application if— (a) all of the following apply— (i) the licensee has contravened subsection (4) by not providing a thing mentioned in subsection (4)(c) (the missing thing); (ii) an authorised officer requires the licensee to provide the missing thing; (iii) the licensee refuses, or fails within a stated reasonable time, to comply with the requirement; (iv) an authorised officer gives the licensee a notice stating that the licensee is taken to have withdrawn the application; or (b) both of the following apply— (i) the licensee refuses, or fails within a stated reasonable time, to comply with a requirement to provide further documents or information under subsection (5); (ii) an authorised officer gives the licensee a notice stating that the licensee is taken to have withdrawn the application.
36 Application for renewal of licence if licensee temporarily absent from Australia or temporarily in hospital (1) This section applies to an individual licensee who, within 90 days before the day the licence expires— (a) is temporarily absent from Australia for a genuine Discussion Draft occupational reason; or
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(b) is temporarily a patient in a hospital for a genuine medical condition. (2) The licensee may authorise an attorney under a power of attorney to make the application for renewal of the licensee’s licence on the licensee’s behalf. (3) The attorney must make the application personally under section 35. (4) The approved form mentioned in section 35(4)(a) must be completed and signed by— (a) if the licensee is temporarily absent from Australia for a genuine occupational reason—the licensee; or (b) if the licensee is temporarily a patient in a hospital for a genuine medical condition and— (i) is able to complete and sign the form—the licensee; or (ii) is unable to complete and sign the form because of the condition—the attorney. (5) The application must be accompanied by— (a) a statutory declaration by the attorney stating that the attorney is not entitled to any fee or other benefit for making the application; and (b) the documents or information prescribed under a regulation. (6) The attorney is taken to have withdrawn the application if all of the following apply— (a) the attorney has contravened subsection (5) by not providing a thing mentioned in subsection (5)(a) or (b) (the missing thing); (b) an authorised officer requires the attorney to provide the missing thing; Discussion Draft (c) the attorney refuses, or fails within a stated reasonable time, to comply with the requirement;
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(d) an authorised officer gives the attorney a notice stating that the attorney is taken to have withdrawn the application. (7) Subsection (6) does not limit section 35(6).
37 Consideration of application for renewal of licence (1) An authorised officer must consider an application for renewal of a licence and may renew the licence or refuse to renew it. (2) In deciding the application, the authorised officer may consider anything at the officer’s disposal. (3) Part 2, other than section 26(1)(e), applies to the renewal of a licence. (4) For applying part 2 to the renewal of a licence, a reference to the issue of a licence is taken to be a reference to the renewal of a licence.
38 When application for renewal of licence must be decided An authorised officer must decide an application for renewal of a licence— (a) as soon as practicable after the application is made; and (b) if the application is not decided on or before the day the licence expires—within 60 days after the day the licence expires.
39 Continuation of licence until renewal application decided (1) This section applies if— (a) a licensee applies under section 35 or 36 for the renewal of a licence; and
Discussion Draft (b) the application is not decided on or before the day the licence expires.
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(2) The licence, as in force immediately before its expiry, continues in force, as if it had not expired, until— (a) the day an authorised officer renews the licence; or (b) the day an authorised officer gives the applicant a QCAT information notice under section 41 for a decision to refuse to renew the licence.
40 Effect of suspension on renewal If a licence has been suspended, it may be renewed but continues to be suspended until the day mentioned in section 65(2) for the licence. Example— If a licence held by an individual is suspended under section 65(1)(b), the licence may be renewed but continues to be suspended until, under section 65(2)(b)(i), the earlier of the day an authorised officer lifts the suspension or the day 3 months after the licence was suspended.
41 QCAT information notice for decision to refuse to issue or renew licence (1) If an authorised officer refuses to issue or renew a licence sought by an applicant, the authorised officer must give the applicant a QCAT information notice for the decision. (2) However, if a ground for the refusal is based on criminal intelligence or other information that is not publicly available, it is enough that the QCAT information notice states that the ground for refusal is based on ‘confidential information’.
Division 2 Inquiries into applications for issue or renewal
42 Definition for div 2 Discussion Draft In this division—
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applicant, if the applicant is a body, includes the body’s representative.
43 Inquiries into application (1) Before an application for the issue, or renewal, of a licence is decided, a member of the police service may do any or all of the following— (a) make an inquiry, or conduct an investigation, about the applicant or the application; (b) require the applicant to allow a police officer to inspect the secure storage facilities for the weapon, or type or category of weapon, the possession of which is to be authorised by the licence; (c) require the applicant to give the member the further information the member reasonably requires to be satisfied that the applicant has an adequate knowledge of the safety practices for the use, storage and maintenance of a weapon, or type or category of weapon, the possession of which is to be authorised by the licence; (d) obtain the criminal history of the applicant; (e) if the applicant holds or previously held an interstate licence for a weapon, or type or category of weapon, obtain a report about the applicant from the police service of the other State. (2) Also, before an application for the issue, or renewal, of a licence is decided, an authorised officer may— (a) require the applicant to give an authorised officer the further information, other than an identifying particular, the authorised officer reasonably requires to be satisfied about the applicant’s identity; or
Discussion Draft (b) give, to verify the applicant’s identity, information or a document relevant to the applicant’s identity to a member of a State or Commonwealth police service.
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(3) The applicant is taken to have withdrawn the application if— (a) the applicant refuses, or fails within a stated reasonable time, to comply with a requirement under subsection (1)(b) or (c) or (2)(a); and (b) an authorised officer gives the applicant a notice stating that the applicant is taken to have withdrawn the application.
44 Requirement to provide identifying particular (1) This section applies if— (a) an authorised officer has required an applicant to give an authorised officer further information under section 43(2)(a); and (b) after considering the information, the authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false. (2) The authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity. (3) The applicant is taken to have withdrawn the application if— (a) the applicant refuses, or fails within a stated reasonable time, to comply with a requirement under subsection (2); and (b) an authorised officer gives the applicant a notice stating that the applicant is taken to have withdrawn the application. (4) The authorised officer must, as soon as reasonably practicable after the application is decided— (a) return to the applicant any identifying particular obtained under subsection (2); and
Discussion Draft (b) destroy any record or copy of the identifying particular. (5) Subsection (4) does not apply if the identifying particular is required for a purpose mentioned in section 51.
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Division 3 Deciding whether person is fit and proper person
45 Individual or body’s representative (1) This section applies if an authorised officer is deciding or considering, for the issue, renewal, suspension or cancellation of a licence, whether— (a) an individual is, or is no longer, a fit and proper person to hold a licence; or (b) a body’s representative is, or is no longer, a fit and proper person to be the representative of a body holding a licence. (2) The authorised officer must consider, among other things— (a) the mental and physical fitness of the person; and (b) whether the person has been convicted in Queensland or elsewhere of a prescribed offence; and (c) whether a domestic violence order has been made against the person; and (d) whether the person has stated anything in or in relation to an application for a licence, or an application for the renewal of a licence, that the person knows is false or misleading in a material particular; and (e) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— (i) the person is a risk to public or individual safety; or (ii) that authorising the person to possess or use a weapon would be contrary to the public interest; or (iii) the person resides with another person at the
Discussion Draft address of a place mentioned in section 32(1)(c)(ii) and the other person is a risk to public or individual safety; and
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(f) the public interest. (3) However, for the issue, renewal, suspension or cancellation of a licence, the person is not a fit and proper person to hold any licence, or to be the representative of a body holding any licence, if— (a) the person has, within 5 years before the relevant date, been— (i) convicted in Queensland or elsewhere of a prescribed offence and the conviction was recorded; or (ii) unconditionally released from custody in Queensland or elsewhere after being sentenced to imprisonment for a prescribed offence; or (iii) unconditionally discharged in Queensland or elsewhere after being given a suspended sentence for a prescribed offence; or (iv) named as the respondent in a domestic violence order, other than a temporary protection order; or (b) the person is prevented by an order of a Queensland court or another court, including a court outside Australia, from possessing a weapon in Queensland or elsewhere, or holding a licence or an authority corresponding to a licence; or (c) the person is, on the day that the authorised officer decides the application for the issue or renewal of the licence, or decides to suspend or cancel the licence— (i) in custody serving a term of imprisonment; or (ii) subject to a term of imprisonment that has been suspended under the Penalties and Sentences Act 1992, section 144; or
Discussion Draft (iii) subject to an intensive correction order; or (iv) is liable to serve a term of imprisonment, even though the person has been released from
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imprisonment (on parole or leave of absence, for example). (4) Also, for the issue of a licence, a person is not a fit and proper person to hold any licence, or to be the representative of a body holding any licence, if there is a current exclusion notice for the person. (5) In this section— relevant date means— (a) for the issue or renewal of a licence—the day the individual, or the body’s representative, applies for the issue or renewal of the licence; or (b) for the suspension or cancellation of a licence—the day the suspension notice or cancellation notice is given to the licensee.
46 Requirement to provide report about mental or physical health (1) This section applies if an authorised officer is considering the mental and physical fitness of a person under section 45(2)(a). (2) The authorised officer may require the person to give the authorised officer the further information the authorised officer reasonably requires to be satisfied about the person’s mental or physical fitness including, for example— (a) in relation to the person’s mental health—a report from a doctor or psychologist about the person’s mental health; and (b) in relation to the person’s physical health—a report from a doctor about the person’s physical health.
47 Further inquiries about mental or physical health
Discussion Draft (1) This section applies if a report from a doctor or psychologist about a person’s mental or physical health is provided under section 46(2).
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(2) An authorised officer may— (a) make information in the authorised officer’s possession available to the doctor or psychologist; and (b) ask the doctor or psychologist to provide a further report. (3) The authorised officer may make the information available only if the officer considers, on reasonable grounds, that— (a) the doctor or psychologist is not aware of the information; and (b) the information may influence the doctor’s or psychologist’s opinion about the person’s mental or physical health. (4) The authorised officer must tell the person that the authorised officer has made the information available to the doctor or psychologist. (5) The authorised officer may make the information available to the doctor or psychologist despite the provisions of any other Act.
48 Associate (1) This section applies if an authorised officer is deciding or considering, for the issue, renewal, suspension or cancellation of a prescribed licence, whether an associate of an applicant or licensee is, or is no longer, a fit and proper person to be an associate of a prescribed licensee. (2) The authorised officer must consider, among other things— (a) whether the associate has been convicted in Queensland or elsewhere of a prescribed offence; and (b) whether a domestic violence order has been made against the associate; and
Discussion Draft (c) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates—
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(i) the associate is a risk to public or individual safety; or (ii) that any relationship involving weapons between the associate and the applicant or licensee would be contrary to the public interest; and (d) the public interest. (3) However, for the issue, renewal, suspension or cancellation of a prescribed licence, the associate is not a fit and proper person to be an associate of any prescribed licensee if— (a) the associate has been convicted in Queensland or elsewhere of— (i) murder or manslaughter; or (ii) armed robbery; or (iii) unlawful wounding; or (iv) grievous bodily harm; or (v) an offence involving drugs, weapons or violence that is punishable by at least 7 years imprisonment; or (b) the associate has, within 5 years before the relevant date, been— (i) convicted in Queensland or elsewhere of a prescribed offence and the conviction was recorded; or (ii) unconditionally released from custody in Queensland or elsewhere after being sentenced to imprisonment for a prescribed offence; or (iii) unconditionally discharged in Queensland or elsewhere after being given a suspended sentence for a prescribed offence; or
Discussion Draft (iv) named as the respondent in a domestic violence order, other than a temporary protection order; or (c) there is a current exclusion notice for the associate.
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(4) In this section— relevant date means— (a) for the issue or renewal of a prescribed licence—the day the application for the issue, or renewal, of the licence is made; or (b) for the suspension or cancellation of a prescribed licence—the day the suspension notice or cancellation notice is given to the prescribed licensee.
49 Decision based on criminal intelligence (1) This section applies if an authorised officer is acting on the basis of criminal intelligence or other information of a type mentioned in section 45(2)(e) or 48(2)(c). (2) The authorised officer may refuse to issue or renew, or may decide to suspend or cancel, a licence because the person is not a fit and proper person only if the authorised officer does so with the personal approval of the commissioner or a deputy commissioner.
50 Effect of decision not to issue or renew (1) This section applies if— (a) an authorised officer refuses to issue or renew a licence sought by an individual; and (b) a ground for the refusal is that the individual is not a fit and proper person to hold the licence. (2) The individual is not entitled to apply for the issue, or renewal, of any licence— (a) if the individual is not a fit and proper person under section 45(3)—until the day section 45(3) stops having the effect that the individual is not a fit and proper
Discussion Draft person; or
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(b) otherwise—until the day 3 years after the authorised officer decides to refuse to issue or renew the licence. (3) Subsection (2) does not apply if the individual applies for a review of the decision to refuse to issue or renew the licence and the decision is set aside.
51 Use of information (1) Information obtained by a member of the police service under section 43, 44, 46 or 47 may be used only for the following purposes— (a) to decide the application for the issue or renewal of the licence; (b) to decide whether to suspend or cancel the licence; (c) to investigate or prosecute an offence under an Act; (d) to provide for the physical safety of a person. (2) In this section— use, information, includes disclose, give access to, make available, publish or record the information.
Part 4 Form and term
Division 1 Form
52 Form of licence A licence must be in the approved form and state— (a) either—
Discussion Draft (i) if the licensee is an individual—the name of the individual; or
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(ii) if the licensee is a body—the name of the body and the body’s representative; and (b) the weapon, or type or category of weapon, the possession of which is authorised by the licence; and (c) any conditions imposed by an authorised officer under section 59; and (d) for a prescribed licence—the address of the premises where the licensee will conduct the business under the licence; and (e) if the licensee is the registered possessor of a registered weapon or registered regulated item that is authorised to be possessed under the licence and the applicant is not required, under this Act, to keep a register including the weapon or regulated item—the details of the registered weapon or registered regulated item; and (f) the term of the licence; and (g) any other information prescribed under a regulation.
53 Information may be stated on licence or document Information to be stated on a licence may be stated on— (a) the licence; or (b) a document issued for the licence. Example for paragraph (b)— An amendment of a licence may be stated on a document issued for the licence rather than on the licence itself.
54 Codes (1) Information to be stated on a licence may be stated by a code. (2) A regulation may prescribe a code to be stated on a licence
Discussion Draft and the corresponding meaning of the code.
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55 Transfer of weapon to another licence (1) This section applies if a licensee who is an individual— (a) holds more than 1 licence; and (b) the particulars of a weapon are stated, under section 52(e), on 1 of the licences (the first licence); and (c) the licensee needs to possess the weapon under another licence (the second licence). (2) The licensee may apply to an authorised officer to possess the weapon under the second licence. (3) The application must— (a) be made in the approved form; and (b) state the licensee’s reason for needing to possess the weapon under the second licence, and why this need can not be satisfied in another way; and (c) be accompanied by the fee prescribed under a regulation. (4) An authorised officer may, by notice given to the applicant, require the applicant to give to the authorised officer, within a stated reasonable time of at least 14 days, the further documents or information the authorised officer reasonably requires to decide the application. (5) An authorised officer may approve the application only if the authorised officer is satisfied that the applicant has a need to possess the weapon under the second licence. (6) In deciding whether the applicant has a need to possess the weapon under the second licence, the authorised officer must consider whether the applicant’s 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 Discussion Draft weapon; or
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(c) in a way that requires the applicant to possess only a weapon or weapons that the applicant already possesses under the second licence. (7) If the authorised officer decides to approve the application, the authorised officer must— (a) give notice of the decision to the applicant; and (b) amend the first licence so that the details of the weapon are not stated on the first licence; and (c) amend the second licence so that the details of the weapon are stated on the second licence. (8) If the authorised officer decides not to approve the application, the authorised officer must give the applicant a QCAT information notice for the decision. (9) The licensee is taken to have withdrawn the application if— (a) all of the following apply— (i) the licensee has contravened subsection (3) by not stating a thing mentioned in subsection (3)(b) or providing a thing mentioned in subsection (3)(c) (the missing thing); (ii) an authorised officer requires the licensee to state or provide the missing thing; (iii) the licensee refuses, or fails within a stated reasonable time, to comply with the requirement; (iv) an authorised officer gives the licensee a notice stating that the licensee is taken to have withdrawn the application; or (b) both of the following apply— (i) the licensee refuses, or fails within a stated reasonable time, to comply with a requirement to provide further documents or information under
Discussion Draft subsection (4);
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(ii) an authorised officer gives the licensee a notice stating that the licensee is taken to have withdrawn the application.
Division 2 Term
56 Term of licence (1) A licence, other than a replacement licence, is in force for the term stated on the licence. (2) The term must not be more than— (a) 5 years; or (b) if, for a particular type of licence, a period of less than 5 years is prescribed under a regulation—the prescribed period. (3) A replacement licence is in force for the unexpired term of the licence which it replaces.
57 When licence stops being in force (1) A licence, including a replacement licence, stops being in force if— (a) it is suspended, cancelled, or surrendered; or (b) the licensee dies or is disqualified under section 306 from holding the licence; or (c) for a minor’s licence—the licensee turns 18. (2) Also, a licence stops being in force if a replacement licence is issued to replace the licence.
58 Extension of licence until licensee’s next birthday
Discussion Draft (1) Despite section 56 or 57, but subject to any direction of the commissioner, an authorised officer may, by notice given to a
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licensee, extend the term of the licensee’s licence to the day of the licensee’s next birthday. (2) No fee is payable for the extension of a term under subsection (1).
Part 5 Conditions
Note— See section 202 for the offence of contravention of a licence condition.
59 Condition imposed on issue or renewal (1) When an authorised officer issues or renews a licence, the authorised officer may impose reasonable and relevant conditions. (2) Without limiting subsection (1), in imposing conditions, the authorised officer must have regard to the need to ensure public and individual safety. Note— Under section 52(c), the conditions must be stated on the licence.
60 Condition imposed under regulation (1) A licence is also subject to the conditions prescribed under a regulation. (2) To remove any doubt, it is declared that any condition that may be imposed on a licence by an authorised officer may be prescribed under a regulation. (3) If a condition is prescribed under a regulation for all licences, the condition applies to all licenses, whether issued or
Discussion Draft renewed before or after the commencement of the regulation.
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(4) If a condition is prescribed under a regulation for a particular type of licence, the condition applies to all licenses of that type, whether issued or renewed before or after the commencement of the regulation. (5) Subsections (3) and (4) apply subject to a contrary intention stated in a regulation.
Part 6 Amendment
61 Amendment of licence on application (1) A licensee may apply to an authorised officer for an amendment of the licence, other than its statutory conditions. (2) The application must be— (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) An authorised officer must decide the application by— (a) amending the licence in the way mentioned in the application; or (b) with the applicant’s written agreement, amending the licence in another way; or (c) refusing to amend the licence. (4) However, an authorised officer may amend a licence to change a body’s representative only if the authorised officer is satisfied that the body’s new representative satisfies the requirements mentioned in section 28(1)(c). (5) If the authorised officer refuses to amend the licence, the authorised officer must give the holder a QCAT information notice for the decision. Discussion Draft (6) This section does not apply if section 55 or 174 applies.
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(7) In this section— statutory condition, of a licence, means a condition to which the licence is subject under a regulation.
62 Amendment of licence by authorised officer (1) An authorised officer may amend a licence at any time without receiving an application from the licensee for the amendment. (2) If an authorised officer considers a licence (including the conditions stated on it) should be amended, the authorised officer must give the licensee a notice (the show cause notice) that— (a) states the proposed amendment; and (b) states the reasons for the proposed amendment; and (c) invites the licensee to show, within a stated time of at least 21 days, why the licence should not be amended. (3) The authorised officer may amend the licence if, after considering all written representations made by the licensee within the stated time, the authorised officer still considers the licence should be amended— (a) in the way mentioned in the show cause notice; or (b) in another way, having regard to the representations. (4) If the authorised officer decides to amend the licence, the authorised officer must give the licensee a QCAT information notice for the decision. (5) Subsections (2) to (4) do not apply if the licence is amended only— (a) by omitting a condition if the omission does not adversely affect the licensee’s interests; or
Discussion Draft (b) for a formal or clerical reason; or (c) in another way that does not adversely affect the licensee’s interests.
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(6) The authorised officer may make an amendment of a type mentioned in subsection (5) by notice given to the licensee. (7) An amendment made under this section takes effect— (a) on the day when the notice mentioned in subsection (4) or (6) is given to the licensee; or (b) if a later day is stated in the notice—on the stated day. (8) To remove any doubt, it is declared that any condition that may be imposed on a licence when it is issued may be imposed on the licence by amendment. (9) Compensation is not payable by the State merely because a licence is amended, or anything previously permitted under the licence is prohibited or regulated.
63 Notice to return licence for alteration after amendment (1) An authorised officer may, by notice, require a licensee to return the licence to an authorised officer within a stated time, of at least 14 days, to enable the authorised officer to alter the licence to reflect an amendment made to it. (2) The licensee must comply with the notice, unless the licensee has a reasonable excuse. Maximum penalty—20 penalty units. (3) After altering the licence, the authorised officer must return it to the licensee. (4) The amendment of a licence by an authorised officer does not depend on its being altered under this section. Discussion Draft
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64 Transfer of licence (1) A licence prescribed under a regulation may be transferred in the way prescribed under a regulation. (2) Otherwise a licence may not be transferred.
Part 8 Suspension and cancellation
Division 1 General
65 Suspension (1) An authorised officer may, by notice given to a licensee (a suspension notice), suspend the licence if the authorised officer— (a) is satisfied that the licensee, or if the licensee is a body, the body’s representative, has been charged with a prescribed offence in Queensland or elsewhere; or (b) considers, on reasonable grounds, that— (i) if the licensee is an individual—the licensee may not, or may no longer, be a fit and proper person to hold the licence; or (ii) if the licensee is a body—the body’s representative may not, or may no longer, be a fit and proper person to be the representative of a body holding the licence; or (c) for a prescribed licensee—considers, on reasonable Discussion Draft grounds, that an associate of the licensee may not, or
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may no longer be, a fit and proper person to be an associate of the prescribed licensee; or (d) is satisfied that the licensee is temporarily unable to comply with a condition of the licence; or (e) is satisfied that it is likely that a person will suffer injury or loss if the licence is not suspended. (2) The licence is suspended until— (a) if subsection (1)(a) applies— (i) if the licensee is an individual, the earlier of the following days— (A) the day the proceeding for the charge ends; (B) the day the suspension is lifted by an authorised officer; or (ii) if the licensee is a body, the earliest of the following days— (A) the day the licence is amended under section 61 to change the body’s representative; (B) the day the proceeding for the charge ends; (C) the day the suspension is lifted by an authorised officer; or (b) if subsection (1)(b)(i) applies, the earlier of the following days— (i) the day an authorised officer is satisfied the person is a fit and proper person to hold the licence and lifts the suspension; (ii) the day 3 months after the licence was suspended; or (c) if subsection (1)(b)(ii) applies, the earliest of the following days— Discussion Draft (i) the day the licence is amended under section 61 to change the body’s representative;
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(ii) the day an authorised officer is satisfied the body’s representative is a fit and proper person to be the representative of a body holding the licence and lifts the suspension; (iii) the day 3 months after the licence was suspended; or (d) if subsection (1)(c) applies, the earlier of the following days— (i) the day an authorised officer is satisfied the associate is a fit and proper person to be an associate of the prescribed licensee and lifts the suspension; (ii) the day 3 months after the licence was suspended; or (e) if subsection (1)(d) applies—the day an authorised officer is satisfied the licensee is able to comply with the condition and lifts the suspension; or (f) if subsection (1)(e) applies—the day an authorised officer is satisfied that it is likely that a person will no longer suffer injury or loss and lifts the suspension. (3) The term of the licence continues to run during the suspension. (4) If a licensee whose licence is suspended under this section holds a permit to acquire— (a) the permit is also suspended while the licence is suspended; and (b) the term of the permit continues to run during the suspension. (5) However, if an authorised officer lifts the suspension of a licence under subsection (2), the authorised officer may, by notice, extend the term of a permit to acquire that was
Discussion Draft suspended while the licence was suspended for a single further stated period of not more than 3 months starting on the day the suspension of the licence was lifted.
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(6) If an authorised officer extends the term of a permit to acquire under subsection (5), the authorised officer must alter the permit to acquire to reflect the extension.
66 Cancellation (1) An authorised officer may, by notice given to a licensee (a cancellation notice), cancel the licence if the authorised officer is satisfied of any of the following things— (a) the licence has been issued in error; (b) the licence has been issued because of a false or misleading document or representation; (c) the licensee has contravened a condition of the licence; (d) if the licensee is an individual—the licensee is not, or is no longer, a fit and proper person to hold the licence; (e) if the licensee is a body—the body’s representative is not, or is no longer, a fit and proper person to be the representative of a body holding the licence; (f) for a prescribed licensee—an associate of the licensee is not, or is no longer, a fit and proper person to be an associate of the prescribed licensee; (g) the licensee no longer has a genuine reason for possession of a weapon, or type or category of weapon, under the licence; (h) for a prescribed licensee— (i) the licensee is not in charge of the premises stated on the licence as the premises where the licensee will conduct the business under the licence; or (ii) the premises mentioned in subparagraph (i) are no longer satisfactory for conducting the business; (i) for a collector’s licence— Discussion Draft
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(i) the licensee is no longer in charge of a place at a safe storage address for a weapon possessed under the licence; or (ii) a place mentioned in subparagraph (i) is no longer satisfactory for the safekeeping of weapons possessed under the licence; (j) it is likely that a person will suffer injury or loss if the licence is not cancelled. (2) However, an authorised officer must, by a notice given to a licensee (also a cancellation notice), cancel the licence if the authorised officer is satisfied the licensee, or if the licensee is a body, the body’s representative, has been convicted of a prescribed offence and the conviction was recorded. (3) Also, if a licensee tells a police officer that a registered weapon of which the licensee is the registered possessor has been lost or stolen, an authorised officer may, by a notice given to the licensee (also a cancellation notice), cancel the licensee’s licence if— (a) the licensee fails to satisfy the authorised officer that the licensee took reasonable precautions to prevent the loss or theft; or (b) the authorised officer reasonably believes that the licensee has unlawfully disposed of the registered weapon. (4) If a licensee whose licence is cancelled under this section holds a permit to acquire, the permit to acquire is also cancelled.
67 Suspension or cancellation notice (1) A suspension notice or a cancellation notice must— (a) be a QCAT information notice; and
Discussion Draft (b) direct the licensee to surrender—
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(i) the licence, any permit to acquire held by the licensee, and any register required under this Act to be kept by the licensee, at a stated police establishment at a stated reasonable time; and (ii) any weapon possessed by the licensee under the licence in a way mentioned in section 70 at a stated reasonable time. (2) If a ground for which an authorised officer suspends or cancels a licence is based on criminal intelligence or other information that is not publicly available, it is enough that the notice states that the ground is based on ‘confidential information’. (3) The notice takes effect when the notice is given to the licensee, or on the later day of effect stated in the notice. (4) The licensee must comply with the directions in the notice. Maximum penalty—40 penalty units or 1 year’s imprisonment. (5) In this section— licensee, for a body, means the body’s representative.
68 Immediate suspension if body’s representative dies or authority stops (1) A licence held by a body is immediately suspended if— (a) the body’s representative dies; or (b) the authority of the body’s representative to represent the body in the conduct of its business or affairs stops. Examples of when the authority of a body’s representative stops— • the representative resigns • the authority of the representative is suspended or cancelled or expires
Discussion Draft (2) The suspension has effect until—
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(a) the day the licence is amended under section 61 to change the body’s representative; or (b) the day the authority of the body’s representative is reinstated. (3) The term of the licence continues to run during the suspension.
69 Requirement to give notice if body’s representative dies or authority stops (1) If the body’s representative of a body holding a licence dies, the body must give a prescribed notice to an authorised officer within 7 days. Maximum penalty—20 penalty units. (2) If the authority, of the body’s representative of a body holding a licence, to represent the body in the conduct of its business or affairs stops, the body’s representative must give a prescribed notice to an authorised officer within 7 days. Maximum penalty—20 penalty units. (3) In this section— prescribed notice means— (a) for subsection (1)—a notice stating the fact and date of the body’s representative’s death; or (b) for subsection (2)—a notice stating the reason why and the date the authority of the body’s representative stopped.
70 How weapon is to be surrendered (1) A weapon to be surrendered under a suspension notice or cancellation notice may be surrendered by giving it to any police officer. Discussion Draft
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Note— See section 94 in relation to the surrender of weapons after a domestic violence order has been made. (2) The weapon may also be surrendered by— (a) giving it to a licensed dealer or other person authorised under this Act to possess the weapon; and (b) obtaining from the person to whom the weapon is given a receipt in the approved form for the weapon; and (c) giving the receipt, within the time stated in the suspension notice or cancellation notice for surrender of the weapon, to a police officer. (3) An authorised officer may, by notice given to the entity to whom the suspension notice or cancellation notice was given, extend the time for compliance with the suspension notice or cancellation notice (the compliance time) if— (a) the entity applies to an authorised officer for an extension before the end of the compliance time; and (b) the authorised officer is satisfied there are exceptional circumstances.
71 Reinstating licence cancelled because of mistake of fact (1) Section 66 does not prevent an authorised officer reinstating a licence that is cancelled by an authorised officer because of a mistake of fact. Example— J was charged with a prescribed offence and although no conviction was recorded for the offence, police records indicated a conviction had been recorded. As a result, J’s licence was cancelled because J was no longer a fit and proper person to hold the licence. (2) A licence reinstated under subsection (1) is taken not to have been cancelled. Discussion Draft (3) The licence may be reinstated by— (a) returning the licence; or
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(b) issuing a fresh licence. (4) The authorised officer reinstating the licence must also ensure any entry made in the weapons register because of the cancellation is corrected.
Division 2 Associates of prescribed licensees
72 Requirement to give information about associate (1) An authorised officer may, by notice, require a prescribed licensee to give a declaration to an authorised officer in the approved form— (a) if the licensee did not previously have an associate and now has an associate or the licensee’s associates have changed—stating the name and address of each associate of the licensee and details of the associate’s relevant financial interest, relevant power or relevant position in the licensee’s business; or (b) if paragraph (a) does not apply—stating that the associates of the licensee have not changed since the licensee— (i) most recently applied for the issue, or renewal, of the licence; or (ii) advised an authorised officer of a change in the licensee’s associates; or (iii) gave a declaration under this section to an authorised officer. (2) The prescribed licensee must give the declaration to an authorised officer within 7 days after the notice is given to the licensee, unless the licensee has a reasonable excuse. Maximum penalty—100 penalty units. Discussion Draft (3) A prescribed licensee who is required to give a declaration under subsection (1) and gives the declaration with
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information about the licensee’s associates can not be prosecuted under section 202 for contravention of a condition of the licence, to the extent the condition requires the provision of this information. (4) It is not a reasonable excuse for subsection (2) that giving the declaration as mentioned in the subsection may incriminate the person for an offence for which the person can not be prosecuted under subsection (3).
73 Notice of intention to cancel because associate not fit and proper person (1) This section applies if an authorised officer is satisfied that an associate of a prescribed licensee is not a fit and proper person to be an associate of the prescribed licensee. (2) Before cancelling the prescribed licensee’s licence, the authorised officer must give the licensee a notice stating that the authorised officer— (a) is satisfied that a named associate of the licensee is not a fit and proper person to be an associate of the prescribed licensee; and (b) intends to give the licensee a cancellation notice unless the licensee discontinues the licensee’s association with the named associate within a stated reasonable time. (3) In deciding what is a reasonable time, the authorised officer must consider the following— (a) the extent of the named associate’s relevant financial interest in the licensee’s business; (b) any relevant power the named associate may exercise in the licensee’s business; (c) any relevant position the named associate holds in the licensee’s business;
Discussion Draft (d) the public interest.
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Division 3 Advising interested entities of suspension or cancellation
74 Collector’s licence (1) This section applies if an authorised officer— (a) suspends or cancels a collector’s licence issued to a member of an approved historical society; or (b) becomes aware that a collector’s licence issued to a member of an approved historical society has expired and not been renewed. (2) The authorised officer may disclose the information mentioned in subsection (1) to the society.
75 Concealable firearms licence (1) This section applies if an authorised officer— (a) suspends or cancels a concealable firearms licence issued to a member of an approved target shooting club or shooting association; or (b) becomes aware that a concealable firearms licence issued to a member of an approved target shooting club or shooting association has expired and not been renewed. (2) The authorised officer may disclose the information mentioned in subsection (1) to the club or association.
76 Firearms licence (1) This section applies if an authorised officer— (a) suspends or cancels a firearms licence issued to a member of an approved recreational shooting club, an
Discussion Draft approved target shooting club or a shooting association; or
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(b) becomes aware that a firearms licence issued to a member of an approved recreational shooting club, an approved target shooting club or a shooting association has expired and not been renewed. (2) The authorised officer may disclose the information mentioned in subsection (1) to the club or association.
77 Firearms instructor’s licence (1) This section applies if an authorised officer— (a) suspends or cancels a firearms instructor’s licence; or (b) becomes aware that a firearms instructor’s licence has expired and not been renewed. (2) The authorised officer may disclose the information to the approved training provider that provides the approved training course for which the licensee gives or gave instruction.
78 Minor’s licence (1) This section applies if an authorised officer— (a) suspends or cancels a minor’s licence issued to a member of an approved target shooting club or a shooting association; or (b) becomes aware that a minor’s licence issued to a member of an approved target shooting club or a shooting association has expired and not been renewed. (2) The authorised officer may disclose the information mentioned in subsection (1) to the club or association.
79 Miscellaneous weapons licence (1) Subsection (2) applies if an authorised officer—
Discussion Draft (a) suspends or cancels a miscellaneous weapons licence for a category M crossbow issued to a member of an approved target shooting club; or
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(b) becomes aware that a miscellaneous weapons licence for a category M crossbow issued to a member of an approved target shooting club has expired and not been renewed. (2) The authorised officer may disclose the information mentioned in subsection (1) to the club. (3) Subsection (4) applies if an authorised officer— (a) suspends or cancels a miscellaneous weapons licence for a martial arts weapon issued to a member of a recognised martial arts organisation; or (b) becomes aware that a miscellaneous weapons licence for a martial arts weapon issued to a member of a recognised martial arts organisation has expired and not been renewed. (4) The authorised officer may disclose the information mentioned in subsection (3) to the organisation.
80 Security licence (guard) (1) This section applies if an authorised officer— (a) suspends or cancels a security licence (guard) issued to an employed security guard; or (b) becomes aware that a security licence (guard) issued to an employed security guard has expired and not been renewed. (2) The authorised officer may disclose the information mentioned in subsection (1) to the licensed security organisation that employs or employed the security guard. Discussion Draft
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81 Definitions for pt 9 In this part— applicable participation condition means a condition prescribed under a regulation that requires a licensee to engage in the sport of target shooting. licensee see section 82. prescribed weapon means— (a) a category H weapon authorised to be possessed under a concealable firearms licence; or (b) a category C shotgun authorised to be possessed under a firearms licence. show cause notice see section 83(1). show cause period see section 83(2)(d).
82 Application of pt 9 This part applies to— (a) the holder of a concealable firearms licence (the licensee) if the licensee’s genuine reason for possession of a weapon under the licence is to engage in the sport of target shooting; and (b) the holder of a firearms licence (also the licensee) if the licensee’s genuine reason for possession of a weapon under the licence is to engage in the sport of target shooting using a category C shotgun. Discussion Draft
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83 Requirement to dispose of weapon if failure to comply with participation condition (1) If an authorised officer reasonably suspects that the licensee has failed to comply with an applicable participation condition, the authorised officer may give the licensee a notice (the show cause notice). (2) The show cause notice must state the following— (a) that the licensee may be required to dispose of a prescribed weapon (the proposed action); (b) the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) an invitation to the licensee to show, within a stated period (the show cause period), why the proposed action should not be taken. (3) The show cause period must be a period ending at least 28 days after the day the show cause notice is given to the licensee.
84 Consideration of written representations (1) The licensee may make written representations about the show cause notice to the authorised officer in the show cause period. (2) The authorised officer must consider all written representations made under subsection (1).
85 Notice to dispose (1) If, after considering the written representations, the authorised officer is not satisfied that the licensee has complied with an applicable participation condition, the authorised officer may,
Discussion Draft by notice (the notice to dispose) given to the licensee, require the licensee to dispose of a stated prescribed weapon within 28 days after the date of the notice.
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(2) The notice to dispose must be a QCAT information notice. (3) The licensee must dispose of the stated prescribed weapon within 28 days after the date of the notice to dispose— (a) to an entity lawfully acquiring the weapon under a permit to acquire; or (b) by giving the weapon to a licensed armourer or licensed dealer; or (c) by surrendering the weapon to a police officer under arrangements made for the surrender. Maximum penalty—100 penalty units or 2 years imprisonment. (4) The licensee may acquire a weapon given to a licensed armourer or licensed dealer under subsection (3)(b) only if the licensee holds a permit to acquire the weapon issued after the weapon was given to the armourer or dealer. Maximum penalty—100 penalty units or 2 years imprisonment. (5) The licensee must provide evidence of the disposal of the stated prescribed weapon under subsection (3) to an authorised officer within 14 days after the disposal. Maximum penalty—60 penalty units. (6) If a weapon is surrendered to a police officer under this section— (a) on the surrender, the weapon is State property; and (b) no compensation is payable for the weapon. Discussion Draft
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86 Notice of lost or stolen licence A licensee must report the loss, destruction or theft of the licence to a member of the police service immediately after the licensee becomes aware of the loss, destruction or theft. Maximum penalty—10 penalty units.
87 Replacement of licence (1) The holder of a lost, destroyed, stolen or damaged licence may apply to an authorised officer for a replacement licence. (2) The application must be— (a) made in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) An authorised officer may replace the licence if— (a) the authorised officer is satisfied it has been lost, destroyed, stolen or damaged; and (b) if the licence is damaged—the holder surrenders it to the authorised officer. (4) If an authorised officer decides not to replace the licence, the authorised officer must give the holder a QCAT information notice for the decision.
88 Surrender of licence (1) A licensee may surrender the licence by— (a) giving notice of surrender; and (b) surrendering the licence.
Discussion Draft (2) The notice must be given and the licence surrendered to a member of the police service.
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(3) Subsection (1)(b) does not apply if the licensee has reported the loss or theft of the licence under section 86.
Part 11 Recognition of interstate licences
89 Interstate visitor to Queensland (1) This section applies if a resident of another State who holds an interstate licence for a weapon, or type or category of weapon, visits Queensland for a purpose prescribed under a regulation. (2) The person’s interstate licence is taken to authorise possession and use of the weapon, or type or category of weapon, under this Act for the purpose mentioned in subsection (1). (3) The interstate licence is subject to the conditions, if any, prescribed under a regulation. (4) In this section— weapon includes regulated item.
90 Interstate resident moving to Queensland (1) This section applies if a resident of another State who holds a prescribed interstate licence for a weapon, or type or category of weapon, starts to permanently reside in Queensland. Examples of when a person may start to permanently reside in Queensland— • the person starts to lease a residence in Queensland • the person obtains a Queensland driver’s licence • the person is registered on a Queensland electoral roll
Discussion Draft (2) The person’s prescribed interstate licence—
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(a) is taken to be the corresponding licence under this Act in force until the earliest of the following days— (i) the day the prescribed period ends; (ii) the day an authorised officer decides to approve the person’s application for a licence under this Act for the weapon, or type or category of weapon, the possession of which is authorised under the prescribed interstate licence; (iii) the day an authorised officer gives the person a QCAT information notice under section 41 for a decision to refuse the person’s application for a licence under this Act for the weapon, or type or category of weapon, the possession of which is authorised under the prescribed interstate licence; and (b) is subject to the conditions, limitations, prohibitions and restrictions that apply to the interstate licence, with all necessary changes to adapt them to Queensland. (3) The prescribed period starts on the day the person starts to permanently reside in Queensland. (4) Despite any other provision of this Act, if the holder of a prescribed interstate licence for a weapon, or type or category of weapon, makes an application for a licence under this Act within the prescribed period for the licence, the person does not contravene section 178 while the person’s application is being decided merely because the prescribed period has passed. (5) In this section— corresponding licence, to a prescribed interstate licence, means a licence mentioned in the definition prescribed interstate licence, paragraphs (a) to (f) that most closely
Discussion Draft corresponds to the prescribed interstate licence. prescribed interstate licence means an interstate licence that corresponds to—
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(a) a blank-fire firearms licence; or (b) a collector’s licence; or (c) a concealable firearms licence issued in relation to the genuine reason mentioned in section 29(1)(f); or (d) a firearms licence; or (e) a minor’s licence; or (f) a miscellaneous weapons licence. prescribed period means— (a) for a prescribed interstate licence that authorises the possession and use of a category A or B weapon or a category M crossbow—3 months; or (b) for a prescribed interstate licence that authorises the possession and use of any other weapon or type or category of weapon—7 days.
Part 12 Domestic violence orders
91 Temporary protection order (1) If a person is a licensee and is named as the respondent in a temporary protection order, the licence is suspended. (2) If a person is a body’s representative of a body holding a licence and is named as the respondent in a temporary protection order— (a) any authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective while the temporary protection order is in force; and
Discussion Draft (b) the body’s licence is suspended on the day 7 days after the respondent is given the temporary protection order unless, in that period, the body applies under section 61
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to amend the body’s licence to change the body’s representative and the application is approved. (3) Subsections (1) and (2)(a) take effect— (a) if the respondent is present in court when the temporary protection order is made—on the making of the order; or (b) otherwise—when the respondent is given the temporary protection order. (4) Subsections (1) and (2)(a) stop having effect when the temporary protection order is no longer in force. (5) Subsection (2)(b) stops having effect on the earlier of the following days— (a) the day the body’s licence is amended under section 61 to change the body’s representative; (b) the day the temporary protection order is no longer in force. (6) If a licensee whose licence is suspended under this section holds a permit to acquire, the permit to acquire is also suspended while the licence is suspended. (7) This section does not limit section 65.
92 Protection order (1) If a person is a licensee and is named as the respondent in a protection order, the licence is cancelled. (2) If a person is a body’s representative of a body holding a licence and is named as the respondent in a protection order— (a) any authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective; and
Discussion Draft (b) the body’s licence is suspended on the day 7 days after the respondent is given the protection order unless, in that period, the body applies under section 61 to amend
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the body’s licence to change the body’s representative and the application is approved. (3) Subsections (1) and (2)(a) take effect— (a) if the respondent is present in court when the protection order is made—on the making of the order; or (b) otherwise—when the respondent is given the protection order. (4) If a licensee whose licence is cancelled under this section holds a permit to acquire, the permit to acquire is also cancelled. (5) This section does not limit section 66.
93 Action by authorised officer if respondent has access to weapon through employment (1) This section applies if— (a) a person is the respondent in a domestic violence order; and (b) under section 91 or 92, the respondent’s licence is suspended or cancelled, or the respondent’s authority to possess a weapon is ineffective; and (c) an authorised officer reasonably considers the respondent has access to a weapon as part of the respondent’s employment. (2) The authorised officer must— (a) consider the following— (i) the respondent’s employment circumstances; and (ii) the respondent’s access to a weapon; and (iii) whether there is an effective individual within the employing entity to whom the domestic violence
Discussion Draft order may be explained to ensure the respondent does not possess a weapon as part of the respondent’s employment; and
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(b) if the authorised officer considers there is an effective individual within the employing entity—explain the domestic violence order to the effective individual. (3) The effective individual may disclose information about the order to another person within the employing entity to the extent necessary to ensure the respondent does not possess a weapon as part of the respondent’s employment. Note— An effective individual who supplies a weapon to a respondent may commit an offence under section 198 (Unlawful supply of weapon). (4) However, the effective individual must not disclose information about the order to anyone else, other than as permitted under subsection (3) or expressly permitted by a court or magistrate under the Domestic and Family Violence Protection Act 1989, section 82. Maximum penalty—40 penalty units or 1 year’s imprisonment. (5) Also, a person to whom an effective individual discloses information under subsection (3) must not disclose the information to anyone else, other than as expressly permitted by a court or magistrate under the Domestic and Family Violence Protection Act 1989, section 82. Maximum penalty—40 penalty units or 1 year’s imprisonment. (6) In this section— effective individual within the employing entity, relating to a respondent, means any of the following who is in a position to ensure the respondent does not possess a weapon as part of the respondent’s employment— (a) the employer if the employer is an individual; (b) another partner in a partnership in which the respondent
Discussion Draft is a partner; (c) an individual within the entity that employs the respondent.
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employment, of a respondent, includes employment by a partnership in which the respondent is a partner.
94 Surrender of licence and weapon
(1) This section applies to a person whose licence is suspended under section 91 or cancelled under section 92 because a court makes a domestic violence order naming the person as the respondent.
(2) If the respondent is present in court when the court makes the domestic violence order and the respondent has a licence or possesses a weapon, the following apply to the respondent— (a) the respondent must— (i) for a respondent who has the licence in court—immediately give the licence to a police officer; or (ii) for a respondent who does not have the licence in court—immediately arrange with a police officer to give the licence to a police officer no later than 1 day after the day the court makes its order; (b) the respondent must immediately arrange with a police officer to give to a police officer any weapon the respondent possesses, or to otherwise surrender the weapon, as soon as practicable, but no later than 1 day after the day the court makes its order. Maximum penalty—40 penalty units or 1 year’s imprisonment. (3) Subject to subsection (4), if a respondent is not present in court when the court makes the domestic violence order, as soon as practicable after the respondent is given a copy of the order, but no later than 1 day after the day the respondent is
Discussion Draft given the copy, the respondent must— (a) give any licence of the respondent to a police officer; and
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(b) give any weapon the respondent possesses to a police officer or otherwise surrender the weapon. Maximum penalty—40 penalty units or 1 year’s imprisonment. (4) If a police officer personally serves the order on the respondent at the respondent’s place of residence, the respondent must immediately give the licence and any weapon in the respondent’s possession to the police officer unless the respondent has a reasonable excuse for not doing so. Maximum penalty—40 penalty units or 1 year’s imprisonment. (5) Also, a respondent must immediately give the licence or any weapon in the respondent’s possession to a police officer (the surrender officer) if— (a) a police officer made arrangements under subsection (2) with the respondent about the licence or any weapon in the respondent’s possession; and (b) the surrender officer believes the respondent has contravened the arrangements; and (c) the surrender officer asks the respondent to give the officer the licence or any weapon in the respondent’s possession. Maximum penalty—40 penalty units or 1 year’s imprisonment. (6) If a weapon is given to a police officer under this section and, within 3 months after the weapon was given to the police officer, the respondent wants to otherwise surrender it, the respondent may make arrangements with a police officer for a licensed armourer or licensed dealer, in company with the respondent, to collect the weapon.
Discussion Draft (7) The Police Powers and Responsibilities Act 2000 also provides for the functions of police officers, and for offences by respondents, after a domestic violence order is made.
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(8) In this section— otherwise surrender, a weapon, means the respondent deals with the weapon in 1 of the following ways— (a) the respondent lawfully disposes of the weapon; (b) the respondent— (i) gives the weapon to a licensed armourer or licensed dealer for storage for a period of at least 5 years starting on the date of the domestic violence order; and (ii) obtains a receipt in the approved form for the weapon from the licensed armourer or licensed dealer and the receipt states that the respondent acknowledges that the cost of the storage is the responsibility of the respondent; and (iii) gives a copy of the receipt to a police officer immediately or within the time allowed under this section for giving the weapon to a police officer.
95 Effect of successful appeal against domestic violence order (1) This section applies if a domestic violence order is made naming a person as the respondent and— (a) the person appeals against the order to the District Court under the Domestic and Family Violence Protection Act 1989, section 63(1) and the court, under section 66 of that Act, discharges the order; or (b) the person appeals against the order to the Court of Appeal under the Domestic and Family Violence Protection Act 1989, section 63(2) and the court discharges the order. (2) For this Act, the domestic violence order is taken not to have
Discussion Draft been made.
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Part 1 General
96 Types of permits An authorised officer may issue the following types of permits under this Act— (a) permit to acquire; (b) arms fair permit; (c) historical society permit; (d) recreational shooting club permit; (e) target shooting club permit; (f) weapons club permit; (g) shooting gallery permit; (h) shooting range permit; (i) shooting venue permit; (j) training provider permit.
97 Things authorised by permits (1) A permit authorises the holder of the permit to do the things authorised under a regulation. (2) A regulation, or the permit itself, may also authorise other persons to do all or any of the things authorised by the permit. (3) However, the authority to do any thing under a permit is subject to the following— (a) this Act;
Discussion Draft (b) a condition of the permit, whether imposed by an authorised officer or prescribed under a regulation.
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98 Permit may be issued only to particular individuals and bodies An authorised officer may issue a permit only to— (a) an individual under section 99; or (b) a body under section 100.
99 Permit issued to individual (1) An authorised officer may issue a permit to an individual only if the individual— (a) is an adult; and (b) is a fit and proper person to hold the permit; and (c) is an appropriate person to hold the permit; and (d) for a permit other than a shooting gallery permit—resides only in Queensland. (2) Also, an authorised officer may issue a prescribed permit to an individual only if each associate of the individual is a fit and proper person to be an associate of the prescribed permit holder.
100 Permit issued to body An authorised officer may issue a permit to a body only if— (a) the body’s representative— (i) is an adult; and (ii) is a fit and proper person to be the representative of a body holding the permit; and (iii) is an appropriate person to be the representative of Discussion Draft a body holding the permit; and
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(iv) for a permit other than a shooting gallery permit—resides only in Queensland; and (b) each member of the body’s governing body is an appropriate person to be a member of the governing body of a body holding the permit.
101 Restrictions on issue of particular permit types (1) A regulation may prescribe a restriction on the issue of a particular type of permit. (2) Without limiting subsection (1), or the Statutory Instruments Act 1992, section 24 or 25, a restriction may relate to— (a) the activity for which a particular type of permit may be issued; or (b) the weapon, or type or category of weapon, in relation to which a particular type of permit may be issued; or (c) the class of individuals or bodies to whom a particular type of permit may be issued. (3) A restriction prescribed under a regulation on the issue of a particular type of permit is in addition to a restriction mentioned in section 99 or 100.
Part 3 Issue or renewal
Division 1 General
102 Where application may be made An application for a permit, or renewal of a permit, may be Discussion Draft made only— (a) at a police station or police establishment; or
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(b) in a way published on the QPS website for the purpose of this paragraph, including, for example, by submitting the application online.
103 Application for permit (1) An application for a permit must— (a) be in the approved form; and (b) be made personally by— (i) if the applicant is an individual—the individual; or (ii) if the applicant is a body—the body’s representative; and (c) be accompanied by— (i) the fee prescribed under a regulation; and (ii) if the applicant is an individual— (A) evidence of identity for the individual; and (B) details of any licences held by the individual; and (iii) if the applicant is a body— (A) evidence of identity for the body’s representative and each member of the body’s governing body; and (B) details of any licences held by the body’s representative or a member of the body’s governing body; and (iv) the documents or information prescribed under a regulation. (2) An authorised officer may, by notice given to the applicant, require the applicant to give to the authorised officer, within a
Discussion Draft stated reasonable time of at least 14 days, the further documents or information the authorised officer reasonably requires to decide the application.
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(3) An applicant for a permit is taken to have withdrawn the application if— (a) all of the following apply— (i) the applicant has contravened subsection (1) by not providing a thing mentioned in subsection (1)(c) (the missing thing); (ii) an authorised officer requires the applicant to provide the missing thing; (iii) the applicant refuses, or fails within a stated reasonable time, to comply with the requirement; (iv) an authorised officer gives the applicant a notice stating that the applicant is taken to have withdrawn the application; or (b) both of the following apply— (i) the applicant refuses, or fails within a stated reasonable time, to comply with a requirement to provide further documents or information under subsection (2); (ii) an authorised officer gives the applicant a notice stating that the applicant is taken to have withdrawn the application. (4) In this section— evidence of identity means the evidence of identity prescribed under a regulation.
104 Consideration of application for permit (1) An authorised officer must consider an application for a permit and may issue the permit or refuse to issue it. (2) In deciding the application, the authorised officer may consider anything at the authorised officer’s disposal. Discussion Draft
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105 When application for permit must be decided (1) An authorised officer must decide an application for a permit as soon as practicable after— (a) the application is made; or (b) if, for a particular type of permit, a period is prescribed under a regulation—the end of the prescribed period. (2) However, an authorised officer may decide the application before the end of the prescribed period if— (a) the authorised officer is satisfied there are exceptional circumstances; or (b) for a permit to acquire—the applicant is already the registered possessor of a weapon.
106 Application for renewal of permit (1) The holder of a permit, other than a non-renewable permit, may apply for the renewal of the permit. (2) The holder must make the application for renewal of the permit within 90 days before the day the permit expires. (3) However, an authorised officer may accept an application made before the start of the period mentioned in subsection (2) if the authorised officer is satisfied there are exceptional circumstances. (4) The application for renewal must be— (a) in the approved form; and (b) made personally by— (i) for a permit held by an individual—the individual; or (ii) for a permit held by a body—the body’s representative; and Discussion Draft (c) accompanied by— (i) the fee prescribed under a regulation; and
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(ii) the documents or information prescribed under a regulation. (5) An authorised officer may, by notice given to the applicant, require the applicant to give to the authorised officer, within a stated reasonable time of at least 14 days, the further documents or information the authorised officer reasonably requires to decide the application. (6) The holder of the permit is taken to have withdrawn the application if— (a) all of the following apply— (i) the holder has contravened subsection (4) by not providing a thing mentioned in subsection (4)(c) (the missing thing); (ii) an authorised officer requires the holder to provide the missing thing; (iii) the holder refuses, or fails within a stated reasonable time, to comply with the requirement; (iv) an authorised officer gives the holder a notice stating that the holder is taken to have withdrawn the application; or (b) both of the following apply— (i) the holder refuses, or fails within a stated reasonable time, to comply with a requirement to provide further documents or information under subsection (5); (ii) an authorised officer gives the holder a notice stating that the holder is taken to have withdrawn the application.
107 Consideration of application for renewal of permit
Discussion Draft (1) An authorised officer must consider an application for renewal of a permit and may renew the permit or refuse to renew it.
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(2) In deciding the application, the authorised officer may consider anything at the officer’s disposal. (3) Part 2 applies to the renewal of a permit. (4) For applying part 2 to the renewal of a permit, a reference to the issue of a permit is taken to be a reference to the renewal of a permit.
108 When application for renewal of permit must be decided An authorised officer must decide an application for renewal of a permit— (a) as soon as practicable after the application is made; and (b) if the application is not decided on or before the day the permit expires—within 60 days after the day the permit expires.
109 Continuation of permit until renewal application decided (1) This section applies if— (a) the holder of a permit applies under section 106 for the renewal of a permit; and (b) the application is not decided on or before the day the permit expires. (2) The permit, as in force immediately before its expiry, continues in force, as if it had not expired, until— (a) the day an authorised officer renews the permit; or (b) the day an authorised officer gives the applicant a QCAT information notice under section 111 for a decision to refuse to renew the permit. Discussion Draft
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110 Effect of suspension on renewal If a permit has been suspended, it may be renewed but continues to be suspended until the day mentioned in section 135(2) for the permit. Example— If a permit held by an individual is suspended under section 135(1)(b), the permit may be renewed but continues to be suspended until, under section 135(2)(b)(i), the earlier of the day an authorised officer lifts the suspension or the day 3 months after the permit was suspended.
111 QCAT information notice for decision to refuse to issue or renew permit (1) If an authorised officer refuses to issue or renew a permit sought by an applicant, the authorised officer must give the applicant a QCAT information notice for the decision. (2) However, if a ground for the refusal is based on criminal intelligence or other information that is not publicly available, it is enough that the QCAT information notice states that the ground for refusal is based on ‘confidential information’.
Division 2 Inquiries into applications for issue or renewal
112 Definition for div 2 In this division— applicant, if the applicant is a body, includes— (a) the body’s representative; and (b) each member of the body’s governing body. Discussion Draft
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113 Inquiries into application (1) Before an application for the issue, or renewal, of a permit is decided, a member of the police service may do any or all of the following— (a) make an inquiry or conduct an investigation about the applicant or the application; (b) for a permit to acquire—require the applicant to allow a police officer to inspect, during business hours on a business day, the secure storage facilities for the weapon to be acquired; (c) obtain the criminal history of the applicant; (d) if the applicant holds or previously held an interstate licence for a weapon, or type or category of weapon, obtain a report about the applicant from the police service of the other State. (2) Also, before an application for the issue, or renewal, of a permit is decided, an authorised officer may— (a) require the applicant to give an authorised officer the further information, other than an identifying particular, the authorised officer reasonably requires to be satisfied about the applicant’s identity; or (b) give, to verify the applicant’s identity, information or a document relevant to the applicant’s identity to a member of a State or Commonwealth police service. (3) The application is taken to have been withdrawn if— (a) the applicant refuses, or fails within a stated reasonable time, to comply with a requirement under subsection (1)(b) or (2)(a); and (b) an authorised officer gives a notice to the applicant, or if the applicant is a body, the body’s representative, stating that the application is taken to have been withdrawn. Discussion Draft
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114 Requirement to provide identifying particular (1) This section applies if— (a) an authorised officer has required an applicant to give to an authorised officer further information under section 113(2)(a); and (b) after considering the information, the authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false. (2) The authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity. (3) The application is taken to have been withdrawn if— (a) the applicant refuses, or fails within a stated reasonable time, to comply with a requirement under subsection (2); and (b) an authorised officer gives a notice to the applicant, or if the applicant is a body, the body’s representative, stating that the application is taken to have been withdrawn. (4) The authorised officer must, as soon as reasonably practicable after the application is decided— (a) return to the applicant any identifying particular obtained under subsection (2); and (b) destroy any record or copy of the identifying particular. (5) Subsection (4) does not apply if the identifying particular is required for a purpose mentioned in section 121. Discussion Draft
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Division 3 Deciding whether person is fit and proper person
115 Individual or body’s representative (1) This section applies if an authorised officer is deciding or considering, for the issue, renewal, suspension or cancellation of a permit, whether— (a) an individual is, or is no longer, a fit and proper person to hold a permit; or (b) a body’s representative is, or is no longer, a fit and proper person to be the representative of a body holding a permit. (2) The authorised officer must consider, among other things— (a) the mental and physical fitness of the person; and (b) whether the person has been convicted in Queensland or elsewhere of a prescribed offence; and (c) whether a domestic violence order has been made against the person; and (d) whether the person has stated anything in or in relation to an application for a permit, or an application for the renewal of a permit, that the person knows is false or misleading in a material particular; and (e) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— (i) the person is a risk to public or individual safety; or (ii) that authorising the person, or a body of which the person is the body’s representative, to do the things that are to be authorised by the permit would be contrary to the public interest; and Discussion Draft (f) the public interest.
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(3) However, for the issue, renewal, suspension or cancellation of a permit, the person is not a fit and proper person to hold any permit, or to be the representative of a body holding any permit, if— (a) the person has, within 5 years before the relevant date, been— (i) convicted in Queensland or elsewhere of a prescribed offence and the conviction was recorded; or (ii) unconditionally released from custody in Queensland or elsewhere after being sentenced to imprisonment for a prescribed offence; or (iii) unconditionally discharged in Queensland or elsewhere after being given a suspended sentence for a prescribed offence; or (iv) named as the respondent in a domestic violence order, other than a temporary protection order; or (b) the person is prevented by an order of a Queensland court or another court, including a court outside Australia, from possessing a weapon in Queensland or elsewhere, or holding a permit or an authority corresponding to a permit; or (c) the person is, on the day that the authorised officer decides the application for the issue or renewal of the permit, or decides to suspend or cancel the permit— (i) in custody serving a term of imprisonment; or (ii) subject to a term of imprisonment that has been suspended under the Penalties and Sentences Act 1992, section 144; or (iii) subject to an intensive correction order; or (iv) is liable to serve a term of imprisonment, even
Discussion Draft though the person has been released from imprisonment (on parole or leave of absence, for example).
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(4) Also, for the issue of a permit, a person is not a fit and proper person to hold any permit, or to be the representative of a body holding any permit, if there is a current exclusion notice for the person. (5) In this section— relevant date means— (a) for the issue or renewal of a permit—the day the individual, or the body’s representative, applies for the issue or renewal of the permit; or (b) for the suspension or cancellation of a permit—the day the suspension notice or cancellation notice is given to the holder of the permit.
116 Requirement to provide report about mental or physical health (1) This section applies if an authorised officer is considering the mental and physical fitness of a person under section 115(2)(a). (2) The authorised officer may require the person to give the authorised officer the further information the authorised officer reasonably requires to be satisfied about the person’s mental or physical fitness including, for example— (a) in relation to the person’s mental health—a report from a doctor or psychologist about the person’s mental health; and (b) in relation to the person’s physical health—a report from a doctor about the person’s physical health.
117 Further inquiries about mental or physical health (1) This section applies if a report from a doctor or psychologist
Discussion Draft about a person’s mental or physical health is provided under section 116(2). (2) An authorised officer may—
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(a) make information in the authorised officer’s possession available to the doctor or psychologist; and (b) ask the doctor or psychologist to provide a further report. (3) The authorised officer may make the information available only if the officer considers, on reasonable grounds, that— (a) the doctor or psychologist is not aware of the information; and (b) the information may influence the doctor’s or psychologist’s opinion about the person’s mental or physical health. (4) The authorised officer must tell the person that the authorised officer has made the information available to the doctor or psychologist. (5) The authorised officer may make the information available to the doctor or psychologist despite the provisions of any other Act.
118 Associate (1) This section applies if an authorised officer is deciding or considering, for the issue, renewal, suspension or cancellation of a prescribed permit, whether an associate of the applicant or permit holder is, or is no longer, a fit and proper person to be an associate of a prescribed permit holder. (2) The authorised officer must consider, among other things— (a) whether the associate has been convicted in Queensland or elsewhere of a prescribed offence; and (b) whether a domestic violence order has been made against the associate; and (c) whether there is any criminal intelligence or other information to which the authorised officer has access Discussion Draft that indicates—
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(i) the associate is a risk to public or individual safety; or (ii) that any relationship involving weapons between the associate and the applicant or permit holder would be contrary to the public interest; and (d) the public interest. (3) However, for the issue, renewal, suspension or cancellation of a prescribed permit, the associate is not a fit and proper person to be an associate of any prescribed permit holder if— (a) the associate has been convicted in Queensland or elsewhere of— (i) murder or manslaughter; or (ii) armed robbery; or (iii) unlawful wounding; or (iv) grievous bodily harm; or (v) an offence involving drugs, weapons or violence that is punishable by at least 7 years imprisonment; or (b) the associate has, within 5 years before the relevant date, been— (i) convicted in Queensland or elsewhere of a prescribed offence and the conviction was recorded; or (ii) unconditionally released from custody in Queensland or elsewhere after being sentenced to imprisonment for a prescribed offence; or (iii) unconditionally discharged in Queensland or elsewhere after being given a suspended sentence for a prescribed offence; or
Discussion Draft (iv) named as the respondent in a domestic violence order, other than a temporary protection order; or (c) there is a current exclusion notice for the associate.
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(4) In this section— relevant date means— (a) for the issue or renewal of a prescribed permit—the day the application for the issue, or renewal, of the permit is made; or (b) for the suspension or cancellation of a prescribed permit—the day the suspension notice or cancellation notice is given to the prescribed permit holder.
119 Decision based on criminal intelligence (1) This section applies if an authorised officer is acting on the basis of criminal intelligence or other information of the type mentioned in section 115(2)(e) or 118(2)(c). (2) The authorised officer may refuse to issue or renew, or may decide to suspend or cancel, a permit because the person is not a fit and proper person only if the authorised officer does so with the personal approval of the commissioner or a deputy commissioner.
120 Effect of decision not to issue or renew (1) This section applies if— (a) an authorised officer refuses to issue or renew a permit sought by an individual; and (b) a ground for the refusal is that the individual is not a fit and proper person to hold the permit. (2) The individual is not entitled to apply for the issue, or renewal, of any permit— (a) if the individual is not a fit and proper person under section 115(3)—until the day section 115(3) stops having the effect that the individual is not a fit and
Discussion Draft proper person; or
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(b) otherwise—until the day 3 years after the authorised officer decides to refuse to issue or renew the permit. (3) Subsection (2) does not apply if the individual applies for a review of the decision to refuse to issue or renew the permit and the decision is set aside.
121 Use of information (1) Information obtained by a member of the police service under section 113, 114, 116 or 117 may be used only for the following purposes— (a) to decide the application for the issue or renewal of the permit; (b) to decide whether to suspend or cancel the permit; (c) to investigate or prosecute an offence under an Act; (d) to provide for the physical safety of a person. (2) In this section— use, information, includes disclose, give access to, make available, publish or record the information.
Division 4 Deciding whether person is appropriate person
122 Deciding whether person is an appropriate person (1) This section applies if an authorised officer is deciding or considering, for the issue, renewal, suspension or cancellation of a permit, whether— (a) a person is, or is no longer, an appropriate person to hold a permit; or (b) a person is, or is no longer, an appropriate person to be Discussion Draft the representative of a body holding a permit; or
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[s 123]
(c) a person is, or is no longer, an appropriate person to be a member of the governing body of a body holding a permit. (2) The authorised officer must consider only— (a) whether the person demonstrates knowledge and understanding of the obligations of a permit holder; and (b) if the person is a body’s representative—whether the person demonstrates knowledge and understanding of the obligations of a representative of a body holding a permit; and (c) if the person is a member of a body’s governing body—whether the person demonstrates knowledge and understanding of the obligations of a governing body of a body holding a permit; and (d) whether the person is a person of good repute; and (e) whether the person is a licensee.
Part 4 Form and term
Division 1 Form
123 Form of permit A permit must be in the approved form and state— (a) either— (i) if the holder is an individual—the name of the individual; or
Discussion Draft (ii) if the holder is a body—the name of the body and the body’s representative; and (b) the activity that is authorised by the permit; and
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[s 124]
(c) any conditions imposed by an authorised officer under section 129; and (d) any other information prescribed under a regulation.
124 Information may be stated on permit or document Information to be stated on a permit may be stated on— (a) the permit; or (b) a document issued for the permit. Example for paragraph (b)— An amendment of a permit may be stated on a document issued for the permit rather than the permit itself.
125 Codes (1) Information to be stated on a permit may be stated by a code. (2) A regulation may prescribe a code to be stated on a permit and the corresponding meaning of the code.
126 Alteration of permit to acquire by licensed armourer or licensed dealer (1) This section applies in relation to a permit to acquire. (2) A licensed armourer or licensed dealer may alter the permit to acquire by correcting the particulars prescribed under a regulation in the way prescribed under a regulation.
Division 2 Term
127 Term of permit (1) A permit, other than a replacement permit, is in force for the Discussion Draft term stated on the permit. (2) The term must not be more than—
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(a) 5 years; or (b) if, for a particular type of permit, a period of less than 5 years is prescribed under a regulation—the prescribed period. (3) A replacement permit is in force for the unexpired term of the permit which it replaces.
128 When permit stops being in force (1) A permit, including a replacement permit, stops being in force if— (a) it is suspended, cancelled, or surrendered; or (b) the holder dies or is disqualified under section 306 from holding the permit. (2) Also, a permit stops being in force if a replacement permit is issued to replace the permit.
Part 5 Conditions
Note— See section 203 for the offence of contravention of a permit condition.
129 Condition imposed on issue or renewal (1) When an authorised officer issues or renews a permit, the authorised officer may impose reasonable and relevant conditions. (2) Without limiting subsection (1), in imposing conditions, the authorised officer must have regard to the need to ensure public and individual safety. Discussion Draft Note— Under section 123(c), the conditions must be stated on the permit.
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130 Condition imposed under regulation (1) A permit is also subject to the conditions prescribed under a regulation. (2) To remove any doubt, it is declared that any condition that may be imposed on a permit by an authorised officer may be prescribed under a regulation. (3) If a condition is prescribed under a regulation for all permits, the condition applies to all permits, whether issued or renewed before or after the commencement of the regulation. (4) If a condition is prescribed under a regulation for a particular type of permit, the condition applies to all permits of that type, whether issued or renewed before or after the commencement of the regulation. (5) Subsections (3) and (4) apply subject to a contrary intention stated in a regulation.
Part 6 Amendment
131 Amendment of permit on application (1) A permit holder may apply to an authorised officer for an amendment of the permit, other than its statutory conditions. (2) The application must be— (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) An authorised officer must decide the application by— (a) amending the permit in the way mentioned in the application; or
Discussion Draft (b) with the applicant’s written agreement, amending the permit in another way; or
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(c) refusing to amend the permit. (4) However, an authorised officer may amend a permit to change a body’s representative only if the authorised officer is satisfied that the body’s new representative satisfies the requirements mentioned in section 100(a). (5) If the authorised officer refuses to amend the permit, the authorised officer must give the holder a QCAT information notice for the decision. (6) In this section— statutory condition, of a permit, means a condition to which the permit is subject under a regulation.
132 Amendment of permit by authorised officer (1) An authorised officer may amend a permit at any time without receiving an application from the permit holder for the amendment. (2) If an authorised officer considers a permit (including the conditions stated on it) should be amended, the authorised office must give the holder a notice (the show cause notice) that— (a) states the proposed amendment; and (b) states the reasons for the proposed amendment; and (c) invites the holder to show, within a stated time of at least 21 days, why the permit should not be amended. (3) The authorised officer may amend the permit if, after considering all written representations made by the holder within the stated time, the authorised officer still considers the permit should be amended— (a) in the way mentioned in the show cause notice; or (b) in another way, having regard to the representations. Discussion Draft
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[s 133]
(4) If the authorised officer decides to amend the permit, the authorised officer must give the holder a QCAT information notice for the decision. (5) Subsections (2) to (4) do not apply if the permit is amended only— (a) by omitting a condition if the omission does not adversely affect the holder’s interests; or (b) for a formal or clerical reason; or (c) in another way that does not adversely affect the holder’s interests. (6) The authorised officer may make an amendment of a type mentioned in subsection (5) by notice given to the holder. (7) An amendment made under this section takes effect— (a) on the day when the notice mentioned in subsection (4) or (6) is given to the holder; or (b) if a later day is stated in the notice—on the stated day. (8) To remove any doubt, it is declared that any condition that may be imposed on a permit when it is issued may be imposed on the permit by amendment. (9) Compensation is not payable by the State merely because a permit is amended, or anything previously permitted under the permit is prohibited or regulated.
133 Immediate temporary amendment of condition by authorised officer (1) An authorised officer may make a temporary amendment of a condition imposed on a permit if the authorised officer considers, on reasonable grounds, that it is necessary to make the amendment to protect a person from death or injury, or property from unlawful destruction or damage. Discussion Draft (2) The authorised officer may make the amendment by notice given to the holder stating the reasons for the amendment.
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[s 134]
(3) The amendment takes effect— (a) on the day when the notice is given to the holder; or (b) if a later day is stated in the notice—on the stated day. (4) The amendment has effect for 28 days unless— (a) the notice states a shorter period; or (b) an authorised officer extends the period of the amendment for a single further stated period of not more than 28 days. (5) An authorised officer may extend the period of the amendment by notice given to the holder stating the reasons for the extension.
134 Notice to return permit for alteration after amendment (1) An authorised officer may, by notice, require a permit holder to return the permit to an authorised officer within a stated time, of at least 14 days, to enable the authorised officer to alter the permit to reflect an amendment made to it. (2) The holder must comply with the notice, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. (3) After altering the permit, the authorised officer must return it to the holder. (4) The amendment of a permit by an authorised officer does not depend on it being altered under this section. Discussion Draft
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[s 135] Part 7 Suspension and cancellation
Division 1 General
135 Suspension (1) An authorised officer may, by notice given to a permit holder (a suspension notice), suspend the permit if the authorised officer— (a) is satisfied that the holder, or if the holder is a body, the body’s representative, has been charged with a prescribed offence in Queensland or elsewhere; or (b) considers, on reasonable grounds, that— (i) if the holder is an individual—the holder may not, or may no longer, be a fit and proper person to hold the permit; or (ii) if the holder is a body—the body’s representative may not, or may no longer, be a fit and proper person to be the representative of a body holding the permit; or (c) for a prescribed permit—considers, on reasonable grounds, that an associate of the permit holder may not, or may no longer be, a fit and proper person to be an associate of the prescribed permit holder; or (d) considers, on reasonable grounds, that— (i) if the holder is an individual—the holder may not, or may no longer, be an appropriate person to hold the permit; or (ii) if the holder is a body— (A) the body’s representative may not, or may no
Discussion Draft longer, be an appropriate person to be the representative of a body holding the permit; or
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[s 135]
(B) a member of the body’s governing body, may not, or may no longer, be an appropriate person to be a member of the governing body of a body holding the permit; or (e) is satisfied that the holder is temporarily unable to comply with a condition of the permit; or (f) is satisfied that it is likely that a person will suffer injury or loss if the permit is not suspended. (2) The permit is suspended until— (a) if subsection (1)(a) applies— (i) if the holder is an individual, the earlier of the following days— (A) the day the proceeding for the charge ends; (B) the day the suspension is lifted by an authorised officer; or (ii) if the holder is a body, the earliest of the following days— (A) the day the permit is amended under section 131 to change the body’s representative; (B) the day the proceeding for the charge ends; (C) the day the suspension is lifted by an authorised officer; or (b) if subsection (1)(b)(i) applies, the earlier of the following days— (i) the day an authorised officer is satisfied the person is a fit and proper person to hold the permit and lifts the suspension; (ii) the day 3 months after the permit is suspended; or (c) if subsection (1)(b)(ii) applies, the earliest of the
Discussion Draft following days—
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[s 135]
(i) the day the permit is amended under section 131 to change the body’s representative; (ii) the day an authorised officer is satisfied the body’s representative is a fit and proper person to be the representative of a body holding the permit and lifts the suspension; (iii) the day 3 months after the permit is suspended; or (d) if subsection (1)(c) applies, the earlier of the following days— (i) the day an authorised officer is satisfied the associate is a fit and proper person to be an associate of the prescribed permit holder and lifts the suspension; (ii) the day 3 months after the permit was suspended; or (e) if subsection (1)(d)(i) applies, the earlier of the following days— (i) the day an authorised officer is satisfied the person is an appropriate person to hold the permit and lifts the suspension; (ii) the day 3 months after the permit is suspended; or (f) if subsection (1)(d)(ii)(A) applies, the earliest of the following days— (i) the day the permit is amended under section 131 to change the body’s representative; (ii) the day an authorised officer is satisfied the person is an appropriate person to be the representative of a body holding the permit and lifts the suspension; (iii) the day 3 months after the permit is suspended; or (g) if subsection (1)(d)(ii)(B) applies, the earliest of the
Discussion Draft following days—
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[s 136]
(i) the day the person stops being a member of the body’s governing body; (ii) the day an authorised officer is satisfied the person is an appropriate person to be a member of the governing body of a body holding the permit and lifts the suspension; (iii) the day 3 months after the permit is suspended; or (h) if subsection (1)(e) applies—the day an authorised officer is satisfied the holder is able to comply with the condition and lifts the suspension; or (i) if subsection (1)(f) applies—the day an authorised officer is satisfied that it is likely that a person will no longer suffer injury or loss and lifts the suspension. (3) The term of the permit continues to run during the suspension.
136 Cancellation (1) An authorised officer may, by a notice given to a permit holder (a cancellation notice), cancel the permit if the authorised officer is satisfied of any of the following things— (a) the permit has been issued in error; (b) the permit has been issued because of a false or misleading document or representation; (c) the holder has contravened a condition of the permit; (d) if the holder is an individual—the holder is not, or is no longer, a fit and proper person to hold the permit; (e) if the holder is a body—the body’s representative is not, or is no longer, a fit and proper person to be the representative of a body holding the permit; (f) for a prescribed permit—an associate of the permit holder is no longer a fit and proper person to be an
Discussion Draft associate of the prescribed permit holder;
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[s 137]
(g) if the holder is an individual—the holder is not, or is no longer, an appropriate person to hold the permit; (h) if the holder is a body— (i) the body’s representative is not, or is no longer, an appropriate person to be the representative of a body holding the permit; or (ii) a member of the body’s governing body is not, or is no longer, an appropriate person to be a member of the governing body of a body holding the permit; (i) it is likely that a person will suffer injury or loss if the permit is not cancelled. (2) However, an authorised officer must, by a notice given to a permit holder (also a cancellation notice), cancel the permit if the authorised officer is satisfied the holder, or if the holder is a body, the body’s representative, has been convicted of a prescribed offence and the conviction was recorded.
137 Suspension or cancellation notice (1) A suspension notice or a cancellation notice must— (a) be a QCAT information notice; and (b) direct the holder to surrender the permit at a stated police establishment at a stated reasonable time. (2) If a ground for which an authorised officer suspends or cancels a permit is based on criminal intelligence or other information that is not publicly available, it is enough that the notice states that the ground is based on ‘confidential information’. (3) The notice takes effect when the notice is given to the holder, or on the later day of effect stated in the notice.
Discussion Draft (4) The holder must comply with the directions in the notice. Maximum penalty—40 penalty units or 1 year’s imprisonment.
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[s 138]
(5) In this section— holder, for a body, means the body’s representative.
138 Immediate suspension if body’s representative dies or authority stops (1) A permit held by a body is immediately suspended on the day 7 days after the happening of either of the following events— (a) the body’s representative dies; (b) the authority of the body’s representative to represent the body in the conduct of its business or affairs stops. Examples of when the authority of a body’s representative stops— • the representative resigns • the authority of the representative is suspended or cancelled or expires (2) A suspension under subsection (1) has effect until— (a) the day the permit is amended under section 131 to change the body’s representative; or (b) the day the authority of the body’s representative is reinstated. (3) The term of the permit continues to run during the suspension.
139 Requirement to give notice if body’s representative or member of governing body dies or authority stops (1) This section applies in relation to the body’s representative, and each member of the governing body, of a body holding a permit. (2) If the person dies, the body must give a prescribed notice to an authorised officer within 7 days. Maximum penalty—20 penalty units. Discussion Draft (3) If the person has authority to represent the body in the conduct of its business or affairs, and that authority stops, the person
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[s 140]
must give a prescribed notice to an authorised officer within 7 days. Maximum penalty—20 penalty units. (4) In this section— prescribed notice means— (a) for subsection (2)—a notice stating the fact and the date of the person’s death; or (b) for subsection (3)—a notice stating the reason why and the date the authority of the person stopped.
140 Reinstating permit cancelled because of mistake of fact (1) Section 136 does not prevent an authorised officer reinstating a permit that is cancelled by the authorised officer because of a mistake of fact. Example— J was charged with a prescribed offence and although no conviction was recorded for the offence, police records indicated a conviction had been recorded. As a result, J’s permit was cancelled because J was no longer a fit and proper person to hold the permit. (2) A permit reinstated under subsection (1) is taken not to have been cancelled. (3) The permit may be reinstated by— (a) returning the permit; or (b) issuing a fresh permit. (4) The authorised officer reinstating the permit must also ensure any entry made in the weapons register because of the cancellation is corrected. Discussion Draft
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[s 141]
Division 2 Associates of prescribed permit holders
141 Requirement to give information about associate (1) An authorised officer may, by notice, require a prescribed permit holder to give a declaration to an authorised officer in the approved form— (a) if the holder did not previously have an associate and now has an associate or the holder’s associates have changed—stating the name and address of each associate of the holder and details of the associate’s relevant financial interest, relevant power or relevant position in the holder’s activity; or (b) if paragraph (a) does not apply—stating that the associates of the holder have not changed since the holder— (i) most recently applied for the issue, or renewal, of the permit; or (ii) advised an authorised officer of a change in the holder’s associates; or (iii) gave a declaration under this section to an authorised officer. (2) The prescribed permit holder must give the declaration to an authorised officer within 7 days after the notice is given to the holder, unless the holder has a reasonable excuse. Maximum penalty—100 penalty units. (3) A prescribed permit holder who is required to give a declaration under subsection (1) and gives the declaration with information about the holder’s associates can not be prosecuted under section 203 for contravention of a condition of the permit, to the extent the condition requires the provision
Discussion Draft of this information.
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[s 142]
(4) It is not a reasonable excuse for subsection (2) that giving the declaration as mentioned in the subsection may incriminate the person for an offence for which the person can not be prosecuted under subsection (3).
142 Notice of intention to cancel because associate not fit and proper person (1) This section applies if an authorised officer is satisfied that an associate of a prescribed permit holder is not a fit and proper person to be an associate of the prescribed permit holder. (2) Before cancelling the prescribed permit holder’s permit, the authorised officer must give the holder a notice stating that the authorised officer— (a) is satisfied that a named associate of the holder is not a fit and proper person to be an associate of the prescribed permit holder; and (b) intends to give the holder a cancellation notice unless the holder discontinues the holder’s association with the named associate within a stated reasonable time. (3) In deciding what is a reasonable time, the authorised officer must consider the following— (a) the extent of the named associate’s relevant financial interest in the holder’s activity; (b) any relevant power the named associate may exercise in the holder’s activity; (c) any relevant position the named associate holds in the holder’s activity; (d) the public interest. Discussion Draft
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[s 143] Part 8 Replacement and surrender
143 Notice of lost or stolen permit The holder of a permit must report the loss, destruction or theft of the permit to a member of the police service immediately after the holder becomes aware of the loss, destruction or theft. Maximum penalty—10 penalty units.
144 Replacement of permit (1) The holder of a lost, destroyed, stolen or damaged permit may apply to an authorised officer for a replacement permit. (2) The application must be— (a) made in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) An authorised officer may replace the permit if— (a) the authorised officer is satisfied it has been lost, destroyed, stolen or damaged; and (b) if the permit is damaged—the holder surrenders it to the authorised officer. (4) If an authorised officer decides not to replace the permit, the authorised officer must give the holder a QCAT information notice for the decision.
145 Surrender of permit (1) The holder of a permit may surrender the permit by— (a) giving notice of surrender; and (b) surrendering the permit. Discussion Draft (2) The notice must be given and the permit surrendered to a member of the police service.
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[s 146]
(3) Subsection (1)(b) does not apply if the holder of the permit has reported the loss or theft of the permit under section 143.
Chapter 4 Weapons register
Part 1 Keeping of register
146 Commissioner must keep weapons register (1) The commissioner must keep a record (the weapons register) of— (a) each firearm in Queensland; and (b) each antique handgun in Queensland; and (c) each permanently deactivated category A, B or C weapon in Queensland. (2) The commissioner may also include in the weapons register a record of any other weapon or regulated item that the commissioner considers is reasonably practicable to include in the register. (3) The commissioner may keep the weapons register in the way the commissioner considers appropriate, including, for example, in electronic form.
147 Meaning of registered weapon A weapon is a registered weapon if— (a) the particulars of the weapon are recorded in the weapons register under section 150; and
Discussion Draft (b) the weapon’s registered possessor is authorised to possess the weapon under a licence; and
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[s 148]
(c) the weapon is not recorded in the weapons register as lost or stolen. Note— If a registered possessor’s licence is suspended, cancelled or expires, the weapon is no longer a registered weapon. Under section 180, a licensee who possesses an unregistered firearm, prescribed part or conversion unit commits an offence.
148 Meaning of registered regulated item A regulated item is a registered regulated item if— (a) a description of the regulated item is recorded in the weapons register under section 151; and (b) the regulated item’s registered possessor is authorised to possess the regulated item; and (c) the regulated item is not recorded in the weapons register as lost or stolen. Note— If a registered possessor of a regulated item is no longer authorised to possess the regulated item (for example, because the possessor becomes an excluded person—see section 278), the regulated item is no longer a registered regulated item. Another person who possesses the item may commit an offence under section 248 or 257.
149 Meaning of registered possessor (1) The registered possessor of a registered weapon is the entity that is last recorded in the weapons register, under section 150(1)(b), as the entity that acquired the weapon. (2) The registered possessor of a registered regulated item is the entity that is last recorded in the weapons register, under section 151(b), as the entity that acquired the item. (3) To remove any doubt, it is declared that there may be only 1 registered possessor of a registered weapon or registered Discussion Draft regulated item.
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[s 150]
150 Information about weapon that must be recorded in register (1) The commissioner must record in the weapons register the following information about each weapon entered in the weapons register— (a) the particulars of the weapon prescribed under a regulation; (b) the name and address of the entity that— (i) acquired the weapon as a licensed armourer or licensed dealer under section 193(1)(a); or (ii) acquired the weapon under a permit to acquire as mentioned in section 193(1)(b)(ii); or (iii) acquired the weapon under another lawful authority, justification or excuse; (c) the details of any licence under which the entity mentioned in subsection (1)(b) is authorised to possess the weapon; (d) the safe storage address for the weapon; (e) the details of any acquisition, sale or other disposal of the weapon; (f) whether loss or theft of the weapon has been reported under section 159. (2) To remove any doubt, it is declared that more than 1 safe storage address may be recorded under subsection (1)(d). Note— Under section 163, the registered possessor of a registered weapon must ensure that secure storage facilities for the registered weapon are available at each safe storage address for the registered weapon. Discussion Draft
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[s 151]
151 Information about regulated item that must be recorded in register The commissioner must record in the weapons register the following information about each regulated item entered in the weapons register— (a) a description of the regulated item; (b) the name and address of the entity that— (i) acquired the item and applied under chapter 7 to include the item in the weapons register; or Notes— 1 Under section 244, an entity that acquires an antique handgun must apply to an authorised officer to include the item in the weapons register. 2 Under section 253, an entity that acquires a permanently deactivated category A, B or C weapon must apply to an authorised officer to include the item in the weapons register. (ii) acquired the item under another lawful authority, justification or excuse; Example of an entity that acquires a regulated item under another lawful authority, justification or excuse— the Queensland Police Service, if a regulated item is surrendered to the Queensland Police Service (c) the particulars of any licence authorising the entity mentioned in subsection (1)(b) to possess the regulated item; (d) the details of any acquisition, sale or other disposal of the regulated item; (e) whether loss or theft of the regulated item has been reported under section 160.
Discussion Draft 152 Information that may be recorded in register The commissioner may record in the weapons register any of the following—
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[s 153]
(a) information given to an authorised officer in relation to an application for the issue or renewal of a licence or permit; (b) information in relation to an amendment of a licence or permit; (c) information in relation to the cancellation or suspension of a licence or permit; (d) information required under this Act to be recorded, or given to a member of the police service, by the holder of a licence or permit; Examples— • information required to be recorded by a licensee in a register • information about a change in circumstances required to be given by a licensee to a member of the police service (e) information required under this Act to be recorded, or given to a member of the police service, by any entity; Example— • information relating to permissions to shoot required to be recorded, under section 292, by an owner of rural land (f) any other information at the commissioner’s disposal relating to a weapon or regulated item; (g) any other information at the commissioner’s disposal relating to the possessor of a weapon or regulated item.
153 Access to register (1) The commissioner may make information in the weapons register available to a member of the police service or another person only if— (a) the commissioner is satisfied that to do so would assist in achieving the main objects of this Act as mentioned Discussion Draft in section 3; or
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[s 154]
(b) the disclosure of the information is authorised or permitted under an Act. (2) In this section— person includes a person located outside Queensland, including outside Australia.
Part 2 Marking serial numbers
154 Marking serial numbers on unmarked weapons (1) This section applies to a weapon included or to be included in the weapons register if the weapon does not have a serial number marked on it. (2) An authorised officer may— (a) give a serial number to the weapon; and (b) require a person in possession of the weapon to mark the serial number on the weapon. (3) The authorised officer may require a person in possession of the weapon to mark the serial number on the weapon by giving the person a notice stating— (a) the serial number; and (b) that the person must mark the serial number on the weapon in the way stated in the notice— (i) within 28 days after being given the notice; or (ii) if the 28 days period is extended under subsection (5), within the period as extended; and (c) that the person may apply to an authorised officer within the 28 days for approval to mark the serial number on
Discussion Draft the weapon in another way.
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[s 155]
(4) The person must comply with the requirement unless the person applies under section 156 for approval to mark the serial number on the weapon in another way. Maximum penalty—20 penalty units. (5) An authorised officer may, by notice given to the person, extend the 28 day period mentioned in subsection (3)(b)(i) if the person applies to an authorised officer for an extension before the end of the period. (6) No compensation is payable by the State because of the requirement. (7) In this section— weapon includes regulated item.
155 Special consideration for antique handgun (1) This section applies if an authorised officer is deciding, under section 154, whether to require a person in possession of an antique handgun to mark a serial number on the handgun. (2) The authorised officer must have regard to— (a) any adverse impact that marking the serial number on the handgun may have on the handgun’s value; and (b) ways of minimising the adverse impact.
156 Application to mark serial number in alternative way (1) A person to whom a notice is given under section 154 may, within 28 days after being given the notice, apply to an authorised officer for written approval to mark the serial number on the weapon in a way stated in the application (the alternative way). (2) The application must be— Discussion Draft (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation.
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[s 156]
(3) An authorised officer may, by notice given to the applicant, require the applicant to give to the authorised officer, within a stated reasonable time of at least 14 days, the further documents or information the authorised officer reasonably requires to decide the application. (4) An authorised officer may give the approval only if the authorised officer is satisfied that the alternative way is at least as effective in marking the serial number on the weapon as the way mentioned in the notice given to the person under section 154. (5) If an authorised officer gives the approval, the authorised officer must give the person a notice requiring the person to mark the serial number on the weapon in the way stated in the notice within 28 days after being given the notice. (6) The person must comply with the requirement mentioned in subsection (5). Maximum penalty—20 penalty units. (7) On the giving of a notice under subsection (5), the notice under section 154(3) in relation to the weapon stops having effect. (8) If an authorised officer refuses to give the approval, the authorised officer— (a) must give the person notice of the refusal; and (b) may, whether or not the person applied for an extension of time under section 154(5), by notice given to the person, extend the time for compliance with the requirement made under section 154(3)(b) by a period of not more than 21 days. (9) The person must comply with the requirement mentioned in subsection (8)(b) within the extended time. Maximum penalty for subsection (9)—20 penalty units. Discussion Draft (10) In this section— weapon includes regulated item.
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[s 157] 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; (b) whether the weapon is capable of firing cartridge ammunition, and if so, the type of cartridge capable of being fired; (c) if the weapon has, or is able to have, a magazine—the magazine capacity; (d) if paragraph (c) does not apply and the weapon has chambers or muzzles—the number of chambers or muzzles of the weapon; (e) the serial number, if any, of the weapon; (f) for a category H weapon—the class, barrel length or overall length of the weapon; or (g) any other identifying characteristic of the weapon. (3) The time and place mentioned in subsection (2) must be reasonable. (4) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (5) In this section—
Discussion Draft weapon includes regulated item.
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[s 158]
158 Establishing the barrel length of a category H weapon (1) The barrel length of a category H weapon is established by measuring the distance from the muzzle to— (a) for a revolver—the breech end immediately in front of the cylinder; or (b) for any other category H weapon— (i) if the weapon has a breech bolt—the breech face, with the breech bolt in the closed position; or (ii) if the weapon has a top slide—the breech face, with the top slide forward; or (iii) if the weapon does not have a breech bolt or top slide—the breech face, with the break action closed. (2) However, if a device has been attached to the barrel of a category H weapon that is not readily detachable, the barrel length of the weapon includes the length that the device adds to the barrel. Example of a device that is not readily detachable— a device that can not be detached by removing a screw or by unscrewing the device by hand (3) In establishing the barrel length of a category H weapon, the manufacturer’s specification stated on the barrel of the weapon may be considered. (4) In this section— breech face of a category H weapon includes the weapon’s chamber. Discussion Draft
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[s 159] Part 4 Information to be given to commissioner
159 Notice of lost or stolen weapon (1) This section applies to a person who possesses a weapon that, while in the person’s possession is, or apparently is, lost or stolen. (2) The person must report the loss or theft to a police officer immediately after the person becomes aware of the loss or theft. Maximum penalty—40 penalty units.
160 Notice of lost or stolen registered regulated item (1) This section applies to the registered possessor of a registered regulated item that is, or apparently is, lost or stolen. (2) The registered possessor must report the loss or theft to a police officer immediately after the registered possessor becomes aware of the loss or theft. Maximum penalty—40 penalty units. (3) In this section— registered regulated item means— (a) an antique handgun included in the weapons register under section 244(6)(b); or (b) a permanently deactivated category A, B or C weapon included in the weapons register under section 253(6)(b). Discussion Draft
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[s 161] Chapter 5 Safe storage and handling of weapons Note— See also the Explosives Regulation 2003— • section 85 (General requirements for storing sch 4 explosives) • section 86 (Requirements for storing small arms ammunition and power device cartridges)
Part 1 Safe storage
Division 1 Preliminary
161 Definitions for pt 1 In this part— safe storage address— (a) for a weapon possessed under a prescribed licence—means the address stated, under section 52(d), on the licence; or (b) for a weapon possessed under any other licence—means an address stated on the application for the licence under section 32(1)(c)(ii), or a new safe storage address approved under section 174. secure gun rack means a gun rack that complies with the requirements prescribed under a regulation. secure premises means premises that comply with the requirements prescribed under a regulation. secure receptacle means a receptacle that complies with the requirements prescribed under a regulation. Discussion Draft secure safe means a safe that complies with the requirements prescribed under a regulation.
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[s 162]
secure storeroom means a storeroom that complies with the requirements prescribed under a regulation. secure vault means a vault that complies with the requirements prescribed under a regulation.
162 Meaning of secure storage facilities Secure storage facilities means— (a) for a weapon, or type or category of weapon, possessed under an armourer’s licence, dealer’s licence or theatrical ordnance supplier’s licence, any of the following— (i) a secure safe in secure premises; (ii) a secure vault in secure premises; (iii) for a category A, B or C weapon—a secure gun rack in secure premises; or (b) for a weapon, or type or category of weapon, possessed under a security licence (organisation), either of the following— (i) a secure safe; (ii) a secure vault; or (c) for any other weapon, or type or category of weapon, either of the following— (i) a secure receptacle; (ii) secure storage facilities as mentioned in paragraph (a) or (b).
163 Availability of secure storage facilities The registered possessor of a registered weapon must ensure that secure storage facilities for the registered weapon are Discussion Draft
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[s 164]
available at each safe storage address for the registered weapon. Maximum penalty—100 penalty units.
Division 2 Usual obligations
164 Application of div 2 (1) This division applies to an entity if— (a) for an entity that is an individual—a weapon possessed by the individual is not in the physical possession of the individual; or (b) for an entity that is a body—a weapon possessed by the body is not in the physical possession of the body’s representative. (2) However, this division does not apply— (a) if division 3 applies; or (b) in relation to a lost or stolen weapon to which section 159 applies.
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; and
Discussion Draft (c) take reasonable precautions to ensure the weapon is not accessible to persons who are not lawfully authorised to possess the weapon.
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[s 166]
Examples of taking reasonable precautions— • placing keys to a secure receptacle in a hidden location • storing tools that may be used to open a secure receptacle away from the secure receptacle Maximum penalty—100 penalty units or 2 years imprisonment. (2) However, subject to subsections (3) and (4), if the entity does not have reasonable access to the safe storage address for the weapon, the entity may comply with subsection (1)(a) by storing the weapon unloaded in secure storage facilities for the weapon at a safe storage address for another weapon (a temporary storage address). (3) The weapon may be stored at a temporary storage address for a total period of no more than 3 months in each calendar year. (4) An authorised officer may, by notice given to the entity, extend the period mentioned in subsection (3) if— (a) the entity applies to the authorised officer for an extension before the end of the period; and (b) the authorised officer is satisfied there are exceptional circumstances. (5) This section is subject to sections 166 and 167.
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.
Discussion Draft Maximum penalty—100 penalty units or 2 years imprisonment.
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[s 167]
Example of an entity unable to comply with section 165— a licensee who is lawfully using a weapon at a location away from the licensee’s safe storage address (2) The container must be— (a) out of sight in a locked room of a permanent building; and (b) if the weapon is a category C, D or H weapon—securely tethered to a fixed object in the room. (3) This section is subject to section 167.
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. (3) If an entity stores a weapon under subsection (1) and the vehicle is unlocked, the entity must, at all times while the vehicle is unlocked— (a) attend the vehicle; or (b) ensure that another person, who is lawfully authorised to possess the weapon, attends the vehicle.
Discussion Draft Maximum penalty—100 penalty units or 2 years imprisonment.
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[s 168]
Division 3 Particular obligations
168 Prescribed licensees (1) This section applies to a prescribed licensee if— (a) for a prescribed licensee who is an individual—a weapon possessed under the licence is not in the physical possession of the individual; or (b) for a prescribed licensee that is a body—a weapon possessed under the licence is not in the physical possession of the body’s representative. (2) The prescribed licensee must— (a) store the weapon unloaded in secure storage facilities for the weapon at the safe storage address for the weapon; 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. (3) However— (a) if a licensed armourer, licensed dealer or licensed theatrical ordnance supplier (each a licensee) possesses a total of no more than 20 weapons at the licensee’s safe storage address, and each of the weapons is a category A or B weapon—the licensee need only store the weapons in secure storage facilities mentioned in section 162(c)(i), instead of in secure storage facilities mentioned in section 162(a); and (b) if a licensed armourer, licensed dealer or licensed theatrical ordnance supplier (each a licensee) possesses only category M weapons—the licensee need only take Discussion Draft reasonable precautions to ensure the category M
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[s 169]
weapons are not accessible to persons who are not lawfully authorised to possess the category M weapons. Examples of taking reasonable precautions— • placing the category M weapons in a locked container • placing the category M weapons in a locked room
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. (3) In this section— place does not include a place at which an approved arms fair is conducted. Note— The display and storage of weapons at an approved arms fair is regulated by the arms fair permit. Discussion Draft
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[s 170]
170 Category M weapons (1) This part applies to an entity that possesses a category M weapon if— (a) for an entity that is an individual—the category M weapon is not in the physical possession of the individual; or (b) for an entity that is a body—the category M weapon is not in the physical possession of the body’s representative. (2) The entity must take reasonable precautions to ensure the category M weapon is not accessible to persons who are not lawfully authorised to possess the category M weapon. Examples of taking reasonable precautions— • placing the category M weapon in a locked container • placing the category M weapon in a locked room Maximum penalty—10 penalty units
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—— Discussion Draft • placing the prescribed part in a locked container • placing the prescribed part in a locked room
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[s 172]
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.
172 Interstate licensees in Queensland (1) This section applies to— (a) a person to whom section 89(1) applies if a weapon possessed in Queensland under the person’s interstate licence is not in the physical possession of the person; and (b) a person to whom section 90(1) applies if a weapon possessed in Queensland under the person’s interstate licence is not in the physical possession of the person. (2) Subject to subsections (3) and (5), the person must store the weapon in— (a) secure storage facilities as mentioned in section 162, definition secure storage facilities, paragraph (a) or (b); or (b) if the secure storage facilities mentioned in paragraph (a) are not reasonably available, a secure receptacle. Maximum penalty—100 penalty units or 2 years imprisonment. (3) Subject to subsection (5), if the person is unable to comply with subsection (2), the person 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
Discussion Draft possess the weapon.
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[s 172]
Maximum penalty—100 penalty units or 2 years imprisonment. (4) The container mentioned in subsection (3)(a) must be— (a) out of sight in a locked room of a permanent building; and (b) if the weapon is a category C, D or H weapon—securely tethered to a fixed object in the room. (5) If the person is unable to comply with subsection (2) and (3), the person 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. (6) The metal container mentioned in subsection (5)(b), and anything on or attached to it, must not suggest a weapon is inside. (7) If the person stores a weapon under subsection (5) and the vehicle is unlocked, the person must, at all times while the vehicle is unlocked— (a) attend the vehicle; or (b) ensure that another person, who is lawfully authorised to possess the weapon, attends the vehicle. Maximum penalty—100 penalty units or 2 years imprisonment. Discussion Draft
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[s 173]
Division 4 Miscellaneous
173 Application to store weapon in alternative way (1) An entity may apply to an authorised officer for written approval to store a weapon in a way stated in the application (the alternative way) instead of in a way required under division 2 or 3. (2) The application must— (a) be in the approved form; and (b) be made by— (i) if the applicant is an individual—the individual; or (ii) if the applicant is a body—the body’s representative; and (c) be accompanied by the fee prescribed under a regulation. (3) An authorised officer may, by notice given to the applicant, require the applicant to give to the authorised officer, within a stated reasonable time of at least 14 days, the further documents or information the authorised officer reasonably requires to decide the application. (4) An authorised officer may give the approval only if the authorised officer is satisfied— (a) for a licensed dealer who possesses no more than a total of 20 firearms under the dealer’s licence—the alternative way is adequate to ensure the safety and security of the weapon; or (b) otherwise—the alternative way provides at least the same level of safety and security as the way otherwise required under division 2 or 3.
Discussion Draft (5) Compliance by the applicant with the approval is taken to be compliance with the way otherwise required under division 2 or 3.
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[s 174]
(6) If an authorised officer refuses to give the approval, the authorised officer must give the applicant notice of the refusal.
174 Application to change safe storage address (1) This section applies to a licensee other than a prescribed licensee. Note— A prescribed licensee’s safe storage address is the address stated, under section 52(d), on the prescribed licensee’s licence—see section 161, definition safe storage address, paragraph (a). To change this address, a prescribed licensee needs to apply under section 61 to amend the licence. (2) The licensee may apply to an authorised officer for written approval to change the safe storage address for a weapon possessed under the licence. (3) The application must be— (a) in the approved form; and (b) be made by— (i) if the applicant is an individual—the individual; or (ii) if the applicant is a body—the body’s representative. (4) An authorised officer may, by notice given to the applicant, require the applicant to give to the authorised officer, within a stated reasonable time of at least 14 days, the further documents or information the authorised officer reasonably requires to decide the application. (5) An authorised officer may approve the application only if the authorised officer is satisfied that the new safe storage address provides at least the same level of safety and security as the previous safe storage address.
Discussion Draft (6) If an authorised officer approves the application, the authorised officer must— (a) give the applicant notice of the decision; and
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[s 175]
(b) record the new safe storage address in the weapons register. (7) If an authorised officer refuses the application, the authorised officer must give the applicant a QCAT notice for the decision.
175 Defence (1) It is a defence to a prosecution for an offence defined in this part for the defendant to prove that the defendant believed, on reasonable grounds— (a) that the weapon the subject of the offence was in the physical possession of another person lawfully authorised to possess the weapon; or (b) that another person lawfully authorised to possess the weapon had complied with this part. (2) The defendant must prove that the belief mentioned in subsection (1) was held at all times during which the weapon was not in the physical possession of the defendant.
Part 2 Safe handling
176 Firearm must be unloaded (1) A person who has a firearm under his or her control (whether or not another person has custody of it) must keep the firearm unloaded, other than when it is being used to shoot. Example of what is, or is not, using a firearm to shoot— To go hunting, X travels with 2 rifles in a car for a short distance. X does not hunt from the moving vehicle. Before and during the travel, X is not
Discussion Draft using the rifles to shoot. At the hunt site, X loads the rifles at the start of the hunt. X hunts with 1 rifle in hand and the other in reserve. X takes an afternoon tea break
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[s 177]
from the hunt and then continues to hunt until dark. No prey is spotted, so no shots are fired. Both rifles were being used to shoot when they were being loaded and afterwards until dark (other than during the afternoon tea break). Maximum penalty—10 penalty units. (2) This section does not apply— (a) if the person has control of the firearm under a security licence (guard); or (b) while a firearm is loaded for the purpose of repairing it; or (c) to a person attending an approved training course while the person is under the supervision of a person holding a firearms instructor’s licence.
177 Category H weapon must be worn in particular way (1) A person may wear a category H weapon only if the person complies with this section. Maximum penalty—10 penalty units. (2) The weapon must be carried in a holster that is appropriate for the shape and size of the weapon. (3) The holster must be designed— (a) with a safety strap or other device to secure the weapon in the holster; and (b) so that the trigger of the weapon is not exposed. (4) The safety strap or other device must be fastened. (5) If the holster is designed to be worn in conjunction with a belt, the holster must be securely attached to the belt. (6) The person’s clothes must conceal the holster and the weapon. (7) However— Discussion Draft (a) subsections (3) and (4) do not apply if—
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[s 177]
(i) the person is using the weapon to engage in the sport of target shooting at an approved range or a Commonwealth range; and (ii) compliance with the subsections is impractical because of the nature of the target shooting; and (b) subsection (6) does not apply— (i) if the person is performing duties under a security licence (guard) and is wearing clothing that readily identifies the person as a security guard from a distance of 20m away from the person; or (ii) if the person is using the weapon on rural land while engaged in primary production; or (iii) if the person is using the weapon to engage in the sport of target shooting at an approved range or a Commonwealth range; or (iv) if the person is actually performing in a film, television or theatrical production, or an historical or military re-enactment, and the production or re-enactment requires that the person’s clothes do not conceal the holster or the weapon. (8) In this section— category H weapon does not include an imitation of a category H weapon. Discussion Draft
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[s 178] Chapter 6 Offences
Part 1 Unlawful possession of weapons
Division 1 Possession offences
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 Discussion Draft units or 6 years imprisonment; or
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[s 178]
(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 Discussion Draft the weapon. (5) In this section—
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[s 179]
heirloom weapon means a weapon, other than a category R weapon, ownership of which has passed to a person by testamentary disposition or the laws of succession.
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.
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. Discussion Draft (6) In this section— conversion unit—
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[s 181]
(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). licensee includes a person authorised to possess the firearm, prescribed part or conversion unit under the licence. prescribed part, of a firearm, means the body, frame or receiver of the firearm.
Division 2 Lawful possession of weapons other than under a licence
Notes— • Under schedule 2, section 1, a regulation may provide for when an unlicensed person may possess and use a weapon under a licence, including, for example, a theatrical ordnance supplier’s licence. • Under schedule 2, section 9, a regulation may provide for when an unlicensed person may possess and use a weapon at a shooting gallery, shooting range or shooting venue. • Under schedule 2, section 10, a regulation may provide for when an unlicensed person may possess and use a weapon for an approved training course.
181 Unlicensed person may physically possess and use prescribed weapon to assist primary producer (1) This section applies to a person, other than an excluded person, who— (a) is an employee or member of the immediate family of a primary producer; and (b) assists the primary producer with primary production on the primary producer’s land.
Discussion Draft (2) The person may physically possess and use a prescribed weapon on the primary producer’s land, even if the person does not hold a licence that authorises possession of the
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[s 182]
prescribed weapon, if the person only physically possesses and uses the prescribed weapon— (a) with the express consent of the primary producer; and (b) in connection with carrying out primary production on the land. (3) In this section— land, of a primary producer, means land on which the primary producer usually carries out primary production. prescribed weapon means a weapon that the primary producer possesses under the authority of a licence. primary producer means a person— (a) who holds a licence; and (b) whose genuine reason for possession of a weapon under the licence is a need to possess the weapon for an occupational rural purpose; and (c) who usually carries out primary production on the primary producer’s land, even if only as an employee of another person.
182 Unlicensed minor may physically possess and use prescribed weapon under personal supervision (1) This section applies to a minor, other than an excluded person, who is at least 11 years. (2) The minor may physically possess and use a prescribed weapon at a place, other than an approved range, where it is lawful to physically possess and use the prescribed weapon if— (a) the minor is personally supervised by a parent; and (b) the parent holds a licence that authorises possession of the prescribed weapon. Discussion Draft (3) In this section—
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[s 183]
prescribed weapon means— (a) a category A weapon; or (b) a category B weapon; or (c) a category M crossbow.
Part 2 Unlawful altering of weapons
183 Shortening firearm (1) A person must not, without reasonable excuse— (a) shorten a firearm; or (b) possess a firearm that has been shortened; or (c) acquire or sell a firearm that has been shortened. Maximum penalty—200 penalty units or 4 years imprisonment. (2) In this section— firearm includes— (a) an antique firearm; and (b) a permanently deactivated category A, B or C weapon.
184 Modifying construction or action of firearm (1) A person must not, without reasonable excuse— (a) modify the construction or action of a firearm; or (b) possess a firearm the construction or action of which has been modified; or (c) acquire or sell a firearm the construction or action of Discussion Draft which has been modified.
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[s 185]
Maximum penalty—200 penalty units or 4 years imprisonment. (2) A person must not, without reasonable excuse, make operable a firearm that is required to be, and has been, permanently deactivated under this Act. Maximum penalty—200 penalty units or 4 years imprisonment. (3) In this section— firearm includes— (a) an antique firearm; and (b) a permanently deactivated category A, B or C weapon.
185 Altering serial number or other identifying mark of weapon (1) A person must not, without reasonable excuse— (a) alter any serial number or other identifying mark on a weapon; or (b) possess a weapon the serial number or other identifying mark of which has been altered; or (c) acquire or sell a weapon the serial number or other identifying mark of which has been altered. Maximum penalty—200 penalty units or 4 years imprisonment. (2) In this section— alter includes deface or remove. weapon includes a registered regulated item. Discussion Draft
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[s 186] Part 3 Unlawful conduct involving weapons, regulated items and particular articles
186 Definitions for pt 3 In this part— discharge, a weapon that is a laser, includes operate the laser. laser— (a) means a hand-held battery-operated device that is designed to emit a laser beam and may be used for the purpose of aiming, pointing or targeting; and (b) includes a laser pointer. weapon includes— (a) a regulated item; and (b) a thing mentioned in section 8(2)(a), (d), (e), (f), (g), (h) or (i); and (c) a blowgun or blowpipe; and (d) an explosive; and (e) an inert hand grenade; and (f) a sword; and (g) a laser.
187 Discharge of weapon on private land without consent prohibited (1) A person must not, without reasonable excuse, discharge a weapon on or across private land without the express consent of an owner of the land.
Discussion Draft Maximum penalty—40 penalty units or 6 months imprisonment.
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[s 188]
(2) A person must not carry a weapon on private land without the express consent of an owner of the land unless— (a) the person has a reasonable excuse; or (b) the weapon is unloaded, broken or for another reason can not be readily discharged. Maximum penalty—40 penalty units. (3) In this section— private land means land that is not a public place.
188 Particular conduct involving weapon in public place prohibited (1) A person must not, without reasonable excuse, carry a weapon exposed to view in a public place. Maximum penalty—40 penalty units or 6 months imprisonment. (2) A person must not, without reasonable excuse, carry in a public place a loaded firearm or a weapon capable of being discharged. Maximum penalty—120 penalty units or 2 years imprisonment. (3) A person must not, without reasonable excuse, discharge a weapon in, into, towards, over or through a public place. Maximum penalty—200 penalty units or 4 years imprisonment. (4) It is a reasonable excuse for subsection (1) to carry a sword exposed to view in a public place— (a) to perform a lawful activity, duty or employment; or (b) to participate in a lawful entertainment, recreation or sport; or Discussion Draft (c) to exhibit the sword; or (d) for use for a lawful purpose.
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[s 188]
Example for paragraph (a)— A person may carry a sword for ceremonial purposes at an official function attended by the Governor. Example for paragraph (b)— A person may carry a sword as an accessory while playing in a pipe band. Example for paragraph (c)— A person who collects swords may exhibit them at a fete or another public gathering. Example for paragraph (d)— A person may carry a sword as part of an official uniform the person is entitled to wear. (5) It is a reasonable excuse for subsection (1) to carry a weapon exposed to view in a public place for an historical or military re-enactment but only if the person claiming the excuse— (a) holds a licence for the weapon; and (b) a condition of the licence expressly authorises the person to engage in historical or military re-enactments. (6) It is a reasonable excuse for subsection (2) to carry in a public place a loaded firearm or a weapon capable of being discharged, for an historical or military re-enactment, but only if the person claiming the excuse— (a) holds a licence for the firearm or weapon; and (b) a condition of the licence expressly authorises the person to engage in historical or military re-enactments utilising live ammunition. (7) It is not a reasonable excuse for subsection (1) or (2) to carry a weapon in a public place for self-defence. (8) In deciding what is a reasonable excuse for subsection (1) or (2), regard may be had to whether the way the weapon is
Discussion Draft carried, or when and where it is carried, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.
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[s 189]
189 Dangerous conduct with weapon prohibited A person must not— (a) without reasonable excuse; and (b) by the physical possession or use of a weapon; engage in conduct, alone or with another, likely to cause— (c) death or injury to a person; or (d) unlawful destruction of, or damage to, property; or (e) alarm to another person. Maximum penalty—200 penalty units or 4 years imprisonment.
190 Possession of weapon under the influence of liquor or drug prohibited (1) A person must not have physical possession of or use a weapon if the person is under the influence of liquor or a drug. Maximum penalty—40 penalty units. (2) In this section— drug means— (a) a dangerous drug under the Drugs Misuse Act 1986, section 4; or (b) any other substance, article, preparation or mixture (other than liquor) whether gaseous, liquid, solid or in any other form which, when consumed or used by a person, deprives the person either temporarily or permanently of any of the person’s normal mental or physical faculties. liquor see the Liquor Act 1992, section 4B. Discussion Draft
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[s 191]
191 Possession of knife in public place or school prohibited (1) A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment. (2) It is a reasonable excuse for subsection (1) to physically possess a knife— (a) to perform a lawful activity, duty or employment; or (b) to participate in a lawful entertainment, recreation or sport; or (c) for exhibiting the knife; or (d) for use for a lawful purpose. Example for paragraph (a)— A person may carry a knife on his or her belt for performing work in primary production. Examples for paragraph (b)— 1 A scout may carry a knife on his or her belt as part of the scout uniform. 2 A person may carry a knife as an accessory while playing in a pipe band. 3 A fisher may carry a knife for use while fishing. Example for paragraph (c)— A person who collects knives may exhibit them at a fete or another public gathering. Examples for paragraph (d)— 1 A person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park. 2 A person may carry a pen knife, pocket knife or swiss army knife for use for its normal utility purposes. (3) Also, it is a reasonable excuse for subsection (1), to the extent
Discussion Draft the subsection relates to a public place, for a person to physically possess a knife for genuine religious purposes.
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[s 191]
Example— A Sikh may possess, in a public place, a knife known as a kirpan to comply with the person’s religious faith. (4) However, it is not a reasonable excuse to physically possess a knife in a public place or a school for self-defence. (5) In deciding what is a reasonable excuse for subsection (1), regard may be had to whether the way the knife is physically possessed, or when and where it is physically possessed, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed. (6) In this section— knife includes a thing with a sharpened point or blade that is reasonably capable of being— (a) held in 1 or both hands; and (b) used to wound or threaten to wound anyone when held in 1 or both hands. Examples— axe, brush hook, cane knife, dagger, machete, tomahawk school means any part of the premises of— (a) a State educational institution under the Education (General Provisions) Act 2006; or (b) a non-State school under the Education (Accreditation of Non-State Schools) Act 2001. Discussion Draft
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[s 192] 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.
193 Acquisition of weapon (1) An entity may acquire a weapon only if— (a) the entity is a licensed armourer or licensed dealer; or (b) the entity is the holder of a permit to acquire the weapon, and acquires the weapon— (i) from or through a licensed dealer; or (ii) from or through a licensed armourer authorised to sell the weapon under section 211(2)(a) or (b); or (iii) through a police officer in circumstances prescribed under a regulation; or
Discussion Draft (c) the entity acquires the weapon under another lawful authority, justification or excuse.
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[s 193]
Maximum penalty— (a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; or (b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; or (c) for a category A, B or M weapon, or an uncategorised firearm—20 penalty units or 6 months imprisonment. Example 1— J wishes to sell J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. J and S agree on the sale price, but the sale may only be completed through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3). Example 2— J wishes to give J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. The gift of the weapon may only be made through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3). Example 3— J sells J’s weapon to G, a licensed dealer. G later sells the weapon to S who holds an appropriate licence and a permit to acquire the weapon. G must still provide certain information about the acquisition to an authorised officer under subsection (2), but in this case is not entitled to a brokerage fee. Example 4— J pays a deposit on a firearm J is buying from G, a licensed dealer. J has applied for a permit to acquire, but the application has not been finally decided. If J takes possession of the firearm before the permit to acquire is issued, J acquires the weapon and commits an offence against subsection (1). (2) If the weapon is acquired under subsection (1)(b)— (a) the acquirer must give the armourer, dealer or police officer a copy of the permit to acquire or the information Discussion Draft prescribed under a regulation; and
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[s 194]
(b) the armourer or dealer must give to an authorised officer the information prescribed under a regulation within the time and in the way prescribed under the regulation. Maximum penalty—20 penalty units or 6 months imprisonment. (3) If the acquisition happens through a licensed armourer or licensed dealer, the armourer or dealer is entitled to a fee (a brokerage fee) from the acquirer in the amount prescribed under a regulation. (4) The armourer or dealer is not entitled to any other payment for brokering the acquisition. (5) This section does not apply to the acquisition of a weapon if the acquisition consists only of an entity taking possession of the weapon— (a) to repair it; or (b) to store it, if the entity is a licensed armourer or licensed dealer storing it for someone else; or0 (c) on a temporary basis for not more than 3 months in each calendar year without giving consideration for the acquisition or for the weapon; or (d) on a temporary basis under the authority of a licence or a provision of this Act.
194 Obligations if acquisition of weapon under another lawful authority, justification or excuse (1) This section applies to an entity that acquires a weapon under another lawful authority, justification or excuse as mentioned in section 193(1)(c). Examples of acquiring a weapon under another lawful authority, justification or excuse— • a person acquires a weapon as part of a deceased estate Discussion Draft • a person finds a weapon on the person’s property
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[s 195]
(2) The entity must, unless the entity has a reasonable excuse, take immediate action to surrender the weapon by— (a) giving the weapon to a police officer; or (b) giving the weapon to a licensed dealer and obtaining from the licensed dealer a receipt in the approved form for the weapon. Maximum penalty—20 penalty units or 6 months imprisonment.
195 Sale or other disposal of weapon (1) An entity must not sell or otherwise dispose of a weapon unless— (a) the entity sells or otherwise disposes of the weapon to a licensed armourer or licensed dealer; or (b) the entity sells or otherwise disposes of the weapon to another entity that is the holder of a permit to acquire the weapon and the sale or disposal happens— (i) through a licensed dealer; or (ii) through a police officer in circumstances prescribed under a regulation; or (c) the entity sells or otherwise disposes of the weapon under another lawful authority, justification or excuse. Maximum penalty— (a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and (b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and (c) for a category A, B or M weapon, or an uncategorised firearm—20 penalty units or 6 months imprisonment. Discussion Draft
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[s 196]
(2) This section does not apply to the disposal of a weapon to an entity, if the disposal consists only of a disposal— (a) for repair; or (b) to a licensed armourer or licensed dealer for storage by the armourer or dealer; or (c) on a temporary basis for not more than 3 months in a calendar year without receiving consideration for the disposal or for the weapon; or (d) on a temporary basis under the authority of a licence or a provision of this Act.
196 Obligations if sale or disposal of weapon under another lawful authority, justification or excuse (1) This section applies to an entity that sells or otherwise disposes of a weapon under another lawful authority, justification or excuse as mentioned in section 195(1)(c). (2) The entity must give to an authorised officer the information prescribed under a regulation in the way and within the time prescribed under the regulation. Maximum penalty—60 penalty units or 1 year’s imprisonment.
Division 2 Supply, trafficking and other offences
197 Acquisition of weapon by deceit A person must not acquire a weapon or an explosive by any deceitful or fraudulent means. Maximum penalty—60 penalty units or 1 year’s imprisonment. Discussion Draft
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[s 198]
198 Unlawful supply of weapon (1) A person must not unlawfully supply a weapon to another person. Maximum penalty— (a) if the person unlawfully supplies 5 or more weapons at least 1 of which is a category D, E, H or R weapon—13 years imprisonment; or (b) if paragraph (a) does not apply and the person unlawfully supplies 5 or more weapons—500 penalty units or 10 years imprisonment; or (c) if paragraphs (a) and (b) do not apply— (i) for a category D, H or R weapon—500 penalty units or 10 years imprisonment; or (ii) for a category C or E weapon—300 penalty units or 7 years imprisonment; or (iii) for a category A, B, or M weapon, or an uncategorised firearm—200 penalty units or 4 years imprisonment. (2) A person does not contravene subsection (1) if the person to whom the weapon is supplied is authorised to possess the weapon under the authority of a licence or a provision of this Act. Note— See also section 195 in relation to the sale or other disposal of a weapon.
199 Unlawful trafficking in weapons or explosives A person who unlawfully carries on the business of trafficking in weapons or explosives commits a crime. Maximum penalty— (a) if the offence relates to a category H or R weapon—20 Discussion Draft years imprisonment; or
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[s 200]
(b) if the offence relates to a category A, B, C, D, E or M weapon, an uncategorised firearm, or explosives—15 years imprisonment.
200 Advertising of weapon for sale (1) This section applies in relation to a particular weapon that has a serial number. (2) A person must not publish an advertisement for the sale of the weapon unless the advertisement includes the weapon’s serial number. Maximum penalty—10 penalty units. (3) A licensed dealer does not commit an offence against subsection (2) by publishing an advertisement for the sale of a particular type or category of weapon that does not include the serial numbers of each of the weapons of that type or category. (4) A printer or publisher does not commit an offence against subsection (2) merely by, as part of his or her business, printing or publishing an advertisement for another person. (5) In this section— publish, an advertisement, means publish, or cause to be published, in any way including by newspaper, periodical, notice or on the internet, even if— (a) the act done to publish the advertisement in Queensland is done outside Queensland; or (b) if the advertisement is published on an internet site—the site is located outside Queensland. weapon includes a registered regulated item.
201 Dispatch of weapon (1) A person may dispatch a weapon only in the way prescribed Discussion Draft under a regulation.
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[s 202]
Maximum penalty—60 penalty units or 1 year’s imprisonment. (2) A regulation made under subsection (1) may limit the persons to whom a weapon may be dispatched.
Part 5 Offences involving licences and permits
202 Contravention of licence condition (1) A licensee must not contravene a condition of the licence. Maximum penalty— (a) if the condition is in relation to a requirement to keep a register—20 penalty units or 6 months imprisonment; or (b) otherwise—60 penalty units or 1 year’s imprisonment. (2) The penalty under subsection (1) may be imposed in addition to cancellation or suspension of a licence, or surrender of a weapon because of the contravention.
203 Contravention of permit condition (1) A holder of a permit must not contravene a condition of the permit. Maximum penalty—60 penalty units or 1 year’s imprisonment. (2) The penalty under subsection (1) may be imposed in addition to cancellation or suspension of a permit because of the contravention. Discussion Draft
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[s 204]
204 Issue etc. of licence or permit (1) A person, other than an authorised officer, must not issue, renew or alter a licence or permit. Maximum penalty—100 penalty units or 2 years imprisonment. (2) This section is subject to section 126. (3) In this section— issue, renew or alter a licence or permit includes purporting to issue, renew or alter a licence or permit.
205 Unlawful possession of licence or permit A person must not— (a) without reasonable excuse, have possession of— (i) a licence or permit; or (ii) anything resembling a licence or permit; or (iii) any document which was formerly a licence or permit but which is suspended, cancelled or surrendered; or (b) without reasonable excuse— (i) lend any licence or permit issued in that person’s name to any other person; or (ii) permit or allow to be used any licence or permit issued in that person’s name by any other person. Maximum penalty—100 penalty units or 2 years imprisonment. Discussion Draft
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[s 206] Part 6 Matters regulated by licence
Division 1 Armourers
206 Armourer must be licensed (1) A person must not store or repair a weapon in the course of business unless— (a) the person is— (i) a licensed armourer; or (ii) a licensed dealer authorised under the dealer’s licence to store or repair the weapon; or (iii) a qualified weapons employee employed by a licensed armourer or licensed dealer acting in the course of employment; or (iv) otherwise authorised to do so under this Act; and (b) for a person mentioned in paragraph (a)(i), (ii) or (iii), the weapon is stored or repaired at the premises stated on the licence as the premises where the business of armourer or dealer will be conducted. Maximum penalty— (a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; or (b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; or (c) for a category A, B or M weapon, or an uncategorised firearm—20 penalty units or 6 months imprisonment. (2) A person must not manufacture a weapon in the course of business unless— Discussion Draft (a) the person is— (i) a licensed armourer; or
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[s 207]
(ii) a qualified weapons employee employed by a licensed armourer acting in the course of employment; and (b) the weapon is manufactured at— (i) the premises stated on the licence as the premises where the business of armourer will be conducted; or (ii) other premises at which the licensed armourer is authorised under the licence to manufacture weapons. Maximum penalty— (a) for a category D, H or R weapon—500 penalty units or 10 years imprisonment; or (b) for a category C or E weapon—300 penalty units or 7 years imprisonment; or (c) for a category A, B or M weapon, or an uncategorised firearm—200 penalty units or 4 years imprisonment. (3) For subsection (1)— weapon includes a registered regulated item.
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.
208 Licensed armourer must obtain prescribed information A licensed armourer or an employee of the armourer acting in
Discussion Draft the course of employment (each of whom is a trader) must not acquire a weapon from, dispose of a weapon to, or deal in any weapon with, a person unless—
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[s 209]
(a) the trader obtains from the person the particulars prescribed under a regulation; and (b) the trader records, as required under this Act, the particulars in a register. Maximum penalty—60 penalty units.
Division 2 Collectors
209 Collector must be licensed A person must not collect weapons unless the person holds a collector’s licence that authorises possession of the weapons. Maximum penalty—60 penalty units.
210 Collector must not discharge or operate weapon (1) A licensed collector must not discharge or operate a weapon held or proposed to be held under a collector’s licence unless authorised to do so under the licence. Maximum penalty—60 penalty units. (2) In this section— discharge or operate includes cause or permit to be discharged or operated.
Division 3 Dealers
211 Dealer must be licensed (1) A person must not deal in weapons in the course of business unless the person is—
Discussion Draft (a) a licensed dealer; or (b) a qualified weapons employee employed by a licensed dealer acting in the course of employment; or
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[s 212]
(c) otherwise authorised to do so under this Act. Maximum penalty— (a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; or (b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; or (c) for a category A or B or M weapon, or an uncategorised firearm—20 penalty units or 6 months imprisonment. (2) Despite any other provision of this Act, a licensed armourer does not contravene subsection (1) by doing any of the following— (a) selling a weapon manufactured by the armourer to a licensed dealer; (b) selling, through a licensed dealer, a weapon manufactured by the armourer to an entity that has a permit to acquire the weapon; (c) selling a weapon manufactured by the armourer to an entity that is otherwise lawfully authorised to acquire the weapon.
212 Licensed dealer must employ qualified weapons employee A licensed dealer 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.
213 Licensed dealer must obtain prescribed information A licensed dealer or an employee of the dealer acting in the
Discussion Draft course of employment (each of whom is a trader) must not acquire a weapon from, dispose of a weapon to, or deal in any weapon with, a person unless—
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[s 214]
(a) the trader obtains from the person the particulars prescribed under a regulation; and (b) the trader records, as required under this Act, the particulars in a register. Maximum penalty—60 penalty units.
Division 4 Firearms instructors
214 Instructor must be licensed A person must not possess or use a weapon to give instruction for an approved training course unless the person holds a firearms instructor’s licence that authorises possession and use of the weapon. Maximum penalty—60 penalty units.
215 Licensed instructor must not allow possession of other weapons A holder of a firearms instructor’s licence must not allow anyone to whom the holder is giving instruction for an approved training course to possess or use a weapon that is not supplied by the holder. Maximum penalty—10 penalty units.
Division 5 Group licensees
216 Definition for div 5 In this division— employee, of a group licensee that is a body, includes a member or officer of the group licensee. Discussion Draft
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[s 217]
217 Employee must return weapon to secure storage facilities An employee of a group licensee who has physical possession of a weapon under a group licence must return the weapon to secure storage facilities for the weapon as soon as possible after the employee stops performing the specific activity for which the weapon was issued to the employee by the group licensee. Maximum penalty—60 penalty units or 1 year’s imprisonment.
218 Group licensee must ensure weapon is not accessible to unauthorised person A group licensee must take reasonable precautions to ensure that a weapon possessed under the licence is not accessible to a person other than— (a) if the group licensee is an individual—an employee of the group licensee lawfully authorised to possess the weapon; or (b) if the group licensee is a body—an employee of the group licensee lawfully authorised to possess the weapon, or the body’s representative. Maximum penalty—60 penalty units or 1 year’s imprisonment.
Division 6 Security guards and security organisations
219 Armed security guard must be licensed A person must not, in performing functions as a security guard, physically possess a weapon unless the person holds a
Discussion Draft security licence (guard) that authorises possession and use of the weapon. Maximum penalty—60 penalty units.
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[s 220]
220 Armed security organisation must be licensed A security organisation must not possess a weapon, or allow an employee of the organisation to physically possess a weapon in performing functions for the organisation, unless the security organisation holds a security licence (organisation) that authorises possession and use of the weapon. Maximum penalty— (a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; or (b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; or (c) for a category A, B or M weapon—20 penalty units or 6 months imprisonment.
221 Licensed security guard must only carry particular weapons in particular circumstances (1) A licensed security guard who is protecting another entity’s property must not carry a weapon other than— (a) 1 category C shotgun of 12, 16 or 20 gauge; or (b) 1 category H weapon of at least .22 calibre but not more than .40 calibre; or (c) 1 weapon mentioned in paragraph (a) and 1 weapon mentioned in paragraph (b). Maximum penalty—10 penalty units. (2) A licensed security guard who is protecting the security guard’s own property must not carry a weapon other than 1 category H weapon of at least .22 calibre but not more than .40 calibre. Maximum penalty—10 penalty units. Discussion Draft
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[s 222]
222 Licensed security guard must only use particular ammunition (1) A licensed security guard must not use ammunition other than— (a) for a category H weapon—factory loaded semi-wad cutter or hollow point projectiles or glaser safety cartridges; or (b) for a category C shotgun—factory loaded cartridges with a pellet size of not less than that of bird shot and not more than that of SSG. Maximum penalty—10 penalty units. (2) A licensed security guard who is a performing a function as a self-employed security guard must not use ammunition unless— (a) the licensed security guard purchased the ammunition new within 1 year before the day the function is performed; or (b) if the licensed security guard did not purchase the ammunition new—the licensed security guard is reasonably satisfied the ammunition was purchased new within 1 year before the day the function is performed. Maximum penalty—10 penalty units. (3) A person (the employer) who employs a licensed security guard (the employee) must not allow the employee to use ammunition unless the employer issued the ammunition to the employee and— (a) the employer purchased the ammunition new within 1 year before the day the function is performed; or (b) if the employer did not purchase the ammunition new—the employer is reasonably satisfied the
Discussion Draft ammunition was purchased new within 1 year before the day the function is performed. Maximum penalty—10 penalty units.
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[s 223]
(4) In this section— birdshot means birdshot with a pellet size of no more than than 5.08mm in diameter. SSG means buckshot known as ‘small small goose’ with a pellet size of no more than 6.83mm in diameter.
223 Employed security guard must return weapon to employer (1) This section applies to a licensed security guard (the employee) who is employed by a person (the employer) if the employer issues a weapon to the employee during a shift. (2) The employee must return the weapon to the employer at the premises where it was issued to the employee at or before the end of the shift. Maximum penalty—60 penalty units or 1 year’s imprisonment. (3) However— (a) if the employer required the employee to perform security guard duties at least 250km from the premises where the weapon was issued (remote guard duties); and (b) the employee is no longer required to perform remote guard duties; the shift lasts until the earliest practicable time at which the employee can return the weapon to the employer after stopping performing remote guard duties.
224 Self-employed security guard must return weapon to secure storage facilities (1) This section applies to a licensed security guard who is a self-employed security guard and physically possesses a Discussion Draft weapon while performing the functions of a security guard.
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[s 225]
(2) The person must return the weapon to secure storage facilities for the weapon as soon as possible after the person stops performing the functions that reasonably required the person to have physical possession of the weapon. Maximum penalty—60 penalty units or 1 year’s imprisonment.
225 Licensed security organisation must ensure weapon is not accessible to unauthorised person A licensed security organisation must take reasonable precautions to ensure that a weapon possessed under the licence is not accessible to a person other than— (a) the body’s representative; or (b) an employee of the licensee who holds a security licence (guard) or a firearms instructor’s licence. Maximum penalty—60 penalty units or 1 year’s imprisonment.
Division 7 Theatrical ordnance suppliers
226 Theatrical ordnance supplier must be licensed A person must not supply, or have possession for the purpose of supply, any weapon for use in a film, television or theatrical production unless the person is— (a) a licensed theatrical ordnance supplier; or (b) a qualified weapons employee employed by a licensed theatrical ordnance supplier acting in the course of employment. Maximum penalty—100 penalty units or 2 years imprisonment. Discussion Draft
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[s 227]
227 Licensed theatrical ordnance supplier must employ qualified weapons employee A licensed theatrical ordnance supplier 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.
228 Licensed theatrical ordnance supplier must supervise use of weapon (1) A licensed theatrical ordnance supplier must, by personal supervision, ensure that a weapon supplied by the licensee to another person under the licence is properly used. Maximum penalty—20 penalty units. (2) If a licensed theatrical ordnance supplier considers that a weapon supplied by the licensee under the licence is being improperly used, the licensee must immediately take all appropriate steps— (a) to ensure the weapon is properly used; or (b) to recover the weapon. Maximum penalty—20 penalty units. (3) For the purpose of this section, a weapon is properly used if it— (a) is used only for the film, television or theatrical production for which it was supplied; and (b) is not used in an unlawful way; and (c) is not used in a way that may cause death or injury to a person or unlawful destruction of, or damage to, property.
Discussion Draft (4) In this section— personal supervision, by a licensed theatrical ordnance supplier, means—
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[s 229]
(a) personal supervision by the licensee, or if the licensee is a body, the body’s representative; or (b) personal supervision by a qualified weapons employee employed by the licensee.
Part 7 Matters regulated by permit
229 Arms fair requires permit A person must not conduct an arms fair unless the person holds an arms fair permit. Maximum penalty—60 penalty units.
230 Historical society requires permit A person must not conduct an activity that enables members of a group to engage in— (a) the collection, preservation or study of weapons; or (b) historical or military re-enactments; unless the person holds an historical society permit. Maximum penalty—40 penalty units.
231 Recreational shooting club requires permit A person must not conduct an activity that enables members of a group to engage in recreational shooting, unless the person holds a recreational shooting club permit. Maximum penalty—40 penalty units. Discussion Draft
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[s 232]
232 Target shooting club requires permit A person must not conduct an activity that enables members of a group to engage in the sport of target shooting, unless the person holds a target shooting club permit. Maximum penalty—40 penalty units.
233 Weapons club requires permit A person must not conduct an activity that enables members of a group to engage in military simulation games, unless the person holds a weapons club permit. Maximum penalty—40 penalty units.
234 Shooting gallery requires permit A person must not conduct a shooting gallery for a purpose prescribed under a regulation, unless the person holds a shooting gallery permit. Maximum penalty—40 penalty units.
235 Shooting range requires permit (1) A person must not conduct a shooting range for a purpose prescribed under a regulation, unless the person holds a shooting range permit. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to a Commonwealth range.
236 Organised target shooting must be at authorised place A person must not conduct, in an organised way, the sport of target shooting other than at— (a) an approved range; or Discussion Draft (b) a Commonwealth range.
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[s 237]
Maximum penalty—60 penalty units or 1 year’s imprisonment.
237 Shooting venue requires permit A person must not conduct a shooting venue for a purpose prescribed under a regulation, unless the person holds a shooting venue permit. Maximum penalty—40 penalty units.
238 Providing approved training course requires permit A person must not provide an approved training course, unless the person holds a training provider permit. Maximum penalty—60 penalty units or 1 year’s imprisonment.
Chapter 7 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
Discussion Draft (c) imposing requirements about the safe storage and handling of regulated items; and
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[s 240]
(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.
Part 2 Antique handguns
Note— An antique handgun is neither a firearm under section 8 nor a weapon under section 6.
Division 1 Interpretation
241 Meaning of antique handgun An antique handgun is— (a) an antique firearm, other than a pre-percussion handgun, that is less than 75cm in length; or Discussion Draft (b) the frame of an antique firearm that is an antique handgun under paragraph (a).
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[s 242]
242 Meaning of pre-percussion handgun (1) A pre-percussion handgun is an antique firearm that is less than 75cm in length and— (a) is a muzzle loading firearm activated by a fuse, matchlock, wheel lock, snaphaunce, flintlock or miquelet lock; or (b) does not use percussion as a means of igniting a charge and does not accept cartridge ammunition. (2) However, an antique firearm mentioned in subsection (1)(b) is a pre-percussion handgun only if— (a) an authorised officer approved by the commissioner for this paragraph certifies, in the approved form, that the antique firearm does not use percussion as a means of igniting a charge and does not accept cartridge ammunition; or (b) a notice published on the QPS website states that the antique firearm does not use percussion as a means of igniting a charge and does not accept cartridge ammunition. (3) The commissioner may approve an authorised officer for subsection (2)(a) only if the commissioner is satisfied the authorised officer has the necessary expertise or experience to certify that an antique firearm does not use percussion as a means of igniting a charge and does not accept cartridge ammunition.
Division 2 Registration
243 Application of div 2 This division does not apply to a licensed armourer, licensed
Discussion Draft dealer or licensed theatrical ordnance supplier in relation to an antique handgun the particulars of which are required under this Act to be entered in a register kept by the licensee.
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[s 244]
244 Application for registration (1) An entity that acquires an antique handgun must, within 14 days after acquiring the handgun, apply to an authorised officer to include the handgun in the weapons register. Maximum penalty—10 penalty units. (2) The application must— (a) be in the approved form; and (b) be made by— (i) if the entity is an individual—the individual; or (ii) if the entity is a body—the body’s representative; and (c) state— (i) the name and address of— (A) if the entity is an individual—the individual; or (B) if the entity is a body—the body and the body’s representative; and (ii) the action, calibre, make, model and type of the handgun; and (iii) if the handgun has, or is able to have, a magazine—the magazine capacity of the handgun; and (iv) if subparagraph (iii) does not apply—the number of chambers or muzzles of the handgun; and (v) the serial number, if any, of the handgun; and (vi) the address of the place where the handgun will usually be kept; and (d) be accompanied by— Discussion Draft (i) the fee prescribed under a regulation; and (ii) evidence that the handgun is an antique handgun.
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[s 244]
(3) An authorised officer must approve the application if the authorised officer is satisfied that— (a) the application is in relation to an antique handgun; and (b) if the applicant is an individual—the individual is an adult and a fit and proper person to hold a firearms licence; and (c) if the applicant is a body—the body’s representative is an adult and a fit and proper person to be the representative of a body holding a firearms licence. (4) An authorised officer must refuse the application if the authorised officer is not satisfied of the matters mentioned in subsection (3). (5) In deciding the application, the authorised officer may consider anything at the officer’s disposal. (6) If an authorised officer approves the application— (a) the authorised officer must give the applicant— (i) if the applicant is a licensed collector authorised to possess an antique handgun under the collector’s licence—notice of the decision; and (ii) otherwise—a certificate of registration for the antique handgun; and (b) the antique handgun must be included in the weapons register; and (c) the applicant must be recorded in the weapons register as the possessor of the handgun. (7) If an authorised officer refuses the application, the authorised officer must give the applicant— (a) a notice stating that the applicant may commit an offence against this Act if a licence authorising possession of the handgun is not obtained, or the Discussion Draft applicant does not lawfully dispose of the handgun; and (b) a QCAT information notice.
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[s 245]
(8) In this section— acquire, an antique handgun, does not include take possession of a registered antique handgun— (a) to repair it; or (b) to store it, if the entity is a licensed armourer or licensed dealer storing it for someone else; or (c) on a temporary basis for not more than 3 months in a calendar year without giving consideration for the acquisition or for the handgun; or (d) on a temporary basis under the authority of a licence or a provision of this Act.
245 Application may be for more than 1 antique handgun (1) An application under section 244 may be for more than 1 antique handgun. (2) If the application is for more than 1 antique handgun, the fee mentioned in section 244(2)(d)(i) is payable only once.
246 Notice of disposal (1) The registered possessor of a registered antique handgun must, within 14 days after a sale or other disposal of the handgun, give a member of the police service a notice stating— (a) the registered possessor’s name and address; and (b) the contact details of the person to whom the handgun was sold or otherwise disposed of; and (c) the date of the sale or other disposal of the handgun; and (d) the action, calibre, category, make, model and type of the handgun; and Discussion Draft (e) if the handgun has, or is able to have, a magazine—the magazine capacity; and
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[s 247]
(f) if paragraph (e) does not apply—the number of chambers or muzzles of the handgun; and (g) the serial number, if any, of the handgun. Maximum penalty—10 penalty units. (2) In this section— disposal, of a registered antique handgun, does not include disposal of the handgun— (a) for repair; or (b) to a licensed armourer or licensed dealer for storage by the armourer or dealer; or (c) on a temporary basis for not more than 3 months in a calendar year without receiving consideration for the disposal or for the handgun; or (d) on a temporary basis under the authority of a licence or a provision of this Act.
247 Notice of change in circumstances (1) The registered possessor of a registered antique handgun must, within 14 days after the happening of an event mentioned in subsection (2) (the event)— (a) advise a member of the police service of the event; and (b) give the member the particulars of the event the member reasonably requires. Maximum penalty—10 penalty units. (2) The events are any of the following that happen or relate to the registered possessor or, if the registered possessor is a body, the body’s representative— (a) a change of name; (b) a change of address; Discussion Draft (c) a change in mental or physical fitness;
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[s 248]
(d) the discharge from an authorised mental health service; (e) the refusal, outside Queensland, of an authorisation to possess, use, carry or deal in weapons; (f) a conviction for a prescribed offence; (g) the making of a domestic violence order against the registered possessor or the body’s representative; (h) the making of an order under the Peace and Good Behaviour Act 1982, or a similar Act of another State; (i) the making of a court order, or the doing of an official act, in Queensland or elsewhere that adversely affects the ability of the registered possessor or the body’s representative to possess a weapon or regulated item in Queensland or elsewhere.
Division 3 Possession
248 Possession of antique handgun limited (1) A person must not possess an antique handgun unless— (a) the handgun is a registered regulated item and the person is the registered possessor of the handgun; or (b) the handgun is a registered regulated item and the person physically possesses the handgun while being personally supervised by the registered possessor of the handgun; or (c) the person has a reasonable excuse. Maximum penalty—100 penalty units. (2) Despite subsection (1), a person who acquires an antique handgun and makes an application to register the handgun under section 244(1)— Discussion Draft (a) does not contravene subsection (1) while the person’s application is being decided; and
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[s 249]
(b) if the person is given a notice under section 244(7)(a), the person can not be proceeded against for an offence against subsection (1) for the possession of the handgun unless the person still possesses the handgun 7 days after the person receives the notice.
Division 4 Storage and handling
249 Safe storage of antique handgun (1) This part applies to an entity that possesses an antique handgun if— (a) for an entity that is an individual—the handgun is not in the physical possession of the individual; or (b) for an entity that is a body—the handgun is not in the physical possession of the body’s representative. (2) The entity must take reasonable precautions to ensure the handgun is not accessible to persons who are not lawfully authorised to possess the handgun. Examples of taking reasonable precautions—— • placing handgun in a locked container • placing handgun in a secure display bracket Maximum penalty—10 penalty units.
250 Discharge of antique handgun limited A person who possesses an antique handgun must not discharge or operate the handgun unless— (a) the person is a licensed collector, or the body’s representative of a licensed collector; and (b) a condition of the collector’s licence expressly Discussion Draft authorises the discharge or operation. Maximum penalty—10 penalty units.
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[s 251] Part 3 Permanently deactivated category A, B or C weapons
Note— A permanently deactivated category A, B or C weapon is neither a firearm under section 8 nor a weapon under section 6.
Division 1 Preliminary
251 Definition for pt 3 In this part— permanently deactivated category A, B or C weapon includes the action, body, frame or receiver of a permanently deactivated category A, B or C weapon.
Division 2 Registration
252 Application of div 2 This division does not apply to a licensed armourer, licensed dealer or licensed theatrical ordnance supplier in relation to a permanently deactivated category A, B or C weapon the particulars of which are required under this Act to be entered in a register kept by the licensee.
253 Application for registration (1) An entity that acquires a permanently deactivated category A, B or C weapon must, within 14 days after acquiring the item, apply to an authorised officer to include the item in the weapons register. Discussion Draft Maximum penalty—10 penalty units. (2) The application must—
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[s 253]
(a) be in the approved form; and (b) be made by— (i) if the entity is an individual—the individual; or (ii) if the entity is a body—the body’s representative; and (c) state— (i) the name and address of— (A) if the entity is an individual—the individual; or (B) if the entity is a body—the body and the body’s representative; and (ii) the action, calibre, category, make, model and type of the item; and (iii) if the item was capable of firing cartridge ammunition at any time before being permanently deactivated, the type of cartridge capable of being fired; and (iv) if the item has, or is able to have, a magazine—the magazine capacity of the item; and (v) if subparagraph (iv) does not apply—the number of chambers or muzzles of the item; and (vi) the serial number, if any, of the item; and (vii) the address of the place where the item will usually be kept; and (d) be accompanied by— (i) the fee prescribed under a regulation; and (ii) evidence that the item is a permanently deactivated category A, B or C weapon.
Discussion Draft (3) An authorised officer must approve the application if the authorised officer is satisfied that—
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[s 253]
(a) the application is in relation to a permanently deactivated category A, B or C weapon; and (b) if the applicant is an individual—the individual is an adult and a fit and proper person to hold a firearms licence; and (c) if the applicant is a body—the body’s representative is an adult and a fit and proper person to be the representative of a body holding a firearms licence. (4) An authorised officer must refuse the application if the authorised officer is not satisfied of the matters mentioned in subsection (3). (5) In deciding the application, the authorised officer may consider anything at the officer’s disposal. (6) If an authorised officer approves the application— (a) the authorised officer must give the applicant— (i) if the applicant is a licensed collector authorised to possess a permanently deactivated category A, B or C weapon under the collector’s licence—notice of the decision; or (ii) otherwise—a certificate of registration for the item; and (b) the item must be included in the weapons register; and (c) the applicant must be recorded in the weapons register as the possessor of the item. (7) If an authorised officer refuses the application, the authorised officer must give the applicant— (a) a notice stating that the applicant may commit an offence against this Act if a licence authorising possession of the item is not obtained, or the applicant does not lawfully dispose of the item; and Discussion Draft (b) a QCAT information notice. (8) In this section—
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[s 254]
acquire, a permanently deactivated category A, B or C weapon, does not include take possession of a registered permanently deactivated category A, B or C weapon— (a) to repair it; or (b) to store it, if the entity is a licensed armourer or licensed dealer storing it for someone else; or (c) on a temporary basis for not more than 3 months in a calendar year without giving consideration for the acquisition or for the item; or (d) on a temporary basis under the authority of a licence or a provision of this Act.
254 Application may be for more than 1 permanently deactivated category A, B or C weapon (1) An application under section 253 may be for more than 1 permanently deactivated category A, B or C weapon. (2) If the application is for more than 1 permanently deactivated category A, B or C weapon, the fee mentioned in section 253(2)(d)(i) is payable only once.
255 Notice of disposal (1) The registered possessor of a registered permanently deactivated category A, B or C weapon must, within 14 days after a sale or other disposal of the item, give a member of the police service a notice stating— (a) the registered possessor’s name and address; and (b) the contact details of the person to whom the item was sold or otherwise disposed of; and (c) the date of the sale or other disposal of the item; and (d) the action, calibre, category, make, model and type of Discussion Draft the item; and
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[s 256]
(e) if the item was capable of firing cartridge ammunition at any time before being permanently deactivated, the type of cartridge capable of being fired; and (f) if the item has, or is able to have, a magazine—the magazine capacity; and (g) if paragraph (f) does not apply—the number of chambers or muzzles of the item; and (h) the serial number, if any, of the item. Maximum penalty—10 penalty units. (2) In this section— disposal, of a registered permanently deactivated category A, B or C weapon, does not include disposal of the item— (a) for repair; or (b) to a licensed armourer or licensed dealer for storage by the armourer or dealer; or (c) on a temporary basis for not more than 3 months in a calendar year without receiving consideration for the disposal or for the item; or (d) on a temporary basis under the authority of a licence or a provision of this Act.
256 Notice of change in circumstances (1) The registered possessor of a registered permanently deactivated category A, B or C weapon must, within 14 days after the happening of an event mentioned in subsection (2) (the event)— (a) advise a member of the police service of the event; and (b) give the member the particulars of the event the member reasonably requires.
Discussion Draft Maximum penalty—10 penalty units.
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[s 257]
(2) The events are any of the following that happen or relate to the registered possessor or, if the registered possessor is a body, the body’s representative— (a) a change of name; (b) a change of address; (c) a change in mental or physical fitness; (d) the discharge from an authorised mental health service; (e) the refusal, outside Queensland, of an authorisation to possess, use, carry or deal in weapons; (f) a conviction for a prescribed offence; (g) the making of a domestic violence order against the registered possessor or the body’s representative; (h) the making of an order under the Peace and Good Behaviour Act 1982, or a similar Act of another State; (i) the making of a court order, or the doing of an official act, in Queensland or elsewhere that adversely affects the ability of the registered possessor or the body’s representative to possess a weapon or regulated item in Queensland or elsewhere.
Division 3 Possession
257 Possession of permanently deactivated category A, B or C weapon limited (1) A person must not possess a permanently deactivated category A, B or C weapon unless— (a) the item is a registered regulated item and the person is the registered possessor of the item; or (b) the item is a registered regulated item and the person
Discussion Draft physically possesses the item while being personally supervised by the registered possessor of the item; or
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[s 258]
(c) the person has a reasonable excuse. Maximum penalty—60 penalty units. (2) Despite subsection (1), a person who acquires a permanently deactivated category A, B or C weapon and makes an application to register the item under section 253(1)— (a) does not contravene subsection (1) while the person’s application is being decided; and (b) if the person is given a notice under section 253(7)(a), the person can not be proceeded against for an offence against subsection (1) for the possession of the item unless the person still possesses the item 7 days after the person receives the notice.
Division 4 Storage
258 Safe storage of permanently deactivated category A, B or C weapon (1) This part applies to an entity that possesses a permanently deactivated category A, B or C weapon if— (a) for an entity that is an individual—the item is not in the physical possession of the individual; or (b) for an entity that is a body—the item is not in the physical possession of the body’s representative. (2) The entity must take reasonable precautions to ensure the item is not accessible to persons who are not lawfully authorised to possess the item. Examples of taking reasonable precautions—— • placing the item in a locked container • placing the item in secure storage facilities for a weapon Maximum penalty—10 penalty units. Discussion Draft
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[s 259] Part 4 Imitations of category A, B, C or M weapons
259 Possession of imitation of a category A, B, C or M weapon limited A person must not possess an imitation of a category A, B, C or M weapon unless the person holds a licence that authorises possession of a category A, B, C or M weapon. Maximum penalty—60 penalty units.
260 Safe storage of imitation of a category A, B, C or M weapon (1) This part applies to a person who possesses an imitation of a category A, B, C or M weapon if the imitation is not in the physical possession of the person. (2) The person must take reasonable precautions to ensure the imitation is not accessible to persons who are not lawfully authorised to possess the imitation. Examples of taking reasonable precautions—— • placing the imitation in a locked container • placing the imitation in secure storage facilities for a weapon Maximum penalty—10 penalty units.
Part 5 Adjustable stocks
261 Meaning of adjustable stock An adjustable stock— Discussion Draft (a) means a stock that is—
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[s 262]
(i) able to be fitted to a category A, B, C or D weapon; and (ii) is designed to change the overall length of a weapon; and (iii) is collapsible, readily detachable, folding or telescopic; and (iv) is operated by a button, clip, twist-lock, twist-screw, or other action; and (b) includes a pistol grip able to be fitted to a category A, B, C or D weapon; and (c) includes part of— (i) a stock mentioned in paragraph (a); and (ii) a pistol grip mentioned in paragraph (b).
262 Possession of adjustable stock limited (1) Subject to subsection (2), a person must not possess an adjustable stock if the stock is able to reduce the overall length of a category A, B, C or D weapon by more than 75mm unless— (a) the person holds a licence that authorises possession of a category A, B, C or D weapon to which the stock may be fitted; and (b) an express condition of the licence mentioned in paragraph (a) authorises possession of the stock. Maximum penalty—60 penalty units. (2) A person must not possess an adjustable stock if the stock is able to reduce the overall length of a category A, B, C or D weapon in the possession of the person to less than 75cm. Maximum penalty—60 penalty units. Discussion Draft
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[s 263]
263 Safe storage of adjustable stock (1) This part applies to a person who possesses an adjustable stock if the stock is not in the physical possession of the person. (2) The person must take reasonable precautions to ensure the stock is not accessible to persons who are not lawfully authorised to possess the stock. Examples of taking reasonable precautions— • placing the adjustable stock in a locked container • placing the adjustable stock in secure storage facilities for a weapon Maximum penalty—10 penalty units.
Part 6 Detachable magazines
264 Definition for pt 6 In this part— detachable magazine includes part of a detachable magazine.
265 Possession of detachable magazine limited A person must not possess a detachable magazine for a weapon unless— (a) for a magazine able to be used in a category A weapon— (i) the person holds a licence for a category A weapon; or (ii) the person has a reasonable excuse; or
Discussion Draft (b) for a magazine able to be used in a category B or D weapon—
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[s 266]
(i) if the magazine has a capacity of 10 rounds or less— (A) the person holds a licence for the category of weapon in which the magazine is able to be used; or (B) the person has a reasonable excuse; or (ii) if the magazine has a capacity of more than 10 rounds— (A) the person holds a licence for the category of weapon in which the magazine is able to be used; and (B) if the licence mentioned in sub-subparagraph (A) is a firearms licence or group licence—a condition of the licence expressly authorises the person to possess the magazine; or (c) for a magazine able to be used in a category C, H or R weapon— (i) the person holds a licence that authorises possession of the category of weapon in which the magazine is able to be used; and (ii) a condition of the licence mentioned in subparagraph (i) does not prohibit possession of the magazine. Maximum penalty—60 penalty units.
266 Safe storage of detachable magazine (1) This part applies to a person who possesses a detachable magazine for a weapon if the magazine is not in the physical possession of the person. (2) The person must take reasonable precautions to ensure the magazine is not accessible to persons who are not lawfully Discussion Draft authorised to possess the magazine.
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[s 267]
Examples of taking reasonable precautions—— • placing the magazine in a locked container • placing the magazine in secure storage facilities for a weapon Maximum penalty—10 penalty units.
Part 7 Laser pointers
267 Meaning of laser pointer A laser pointer is a device that consists of a hand-held battery-operated device with a power output of more than 1 milliwatt that is designed to emit a laser beam and may be used for the purpose of aiming, pointing or targeting.
268 Possession of laser pointer limited (1) A person must not possess a laser pointer unless— (a) each of the following apply— (i) the person is a member of a recognised astronomical organisation; (ii) the person’s reason for the possession of the laser pointer is to take part in activities associated with astronomy; (iii) the laser pointer has a power output of less than 20 milliwatts; or (b) both of the following apply— (i) the person holds a licence that authorises possession of a firearm in relation to which the laser pointer may be used;
Discussion Draft (ii) the laser pointer has a power output of less than 10 milliwatts; or
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[s 269]
(c) both of the following apply— (i) the person’s reason for the possession of the laser pointer is to take part in activities associated with a recognised occupation; (ii) the laser pointer has a power output of less than 20 milliwatts. Maximum penalty—60 penalty units. (2) For the purpose of subsection (3), definitions recognised astronomical organisation and recognised occupation, an astronomical organisation or an occupation may be published on the QPS website, and is taken to be published on the QPS website for the purposes of this section, for only a single period of not more than 6 months. (3) In this section— member of a recognised astronomical organisation includes a person being personally supervised by a member of a recognised astronomical organisation. recognised astronomical organisation means an astronomical organisation— (a) prescribed under a regulation; or (b) published on the QPS website for the purpose of this paragraph. recognised occupation means an occupation— (a) prescribed under a regulation; or (b) published on the QPS website for the purpose of this paragraph.
269 Safe storage of laser pointer (1) This section applies to a person who possesses a laser pointer if the laser pointer is not in the physical possession of the Discussion Draft person.
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[s 270]
(2) The person must take reasonable precautions to ensure the laser pointer is not accessible to persons who are not lawfully authorised to possess the laser pointer. Examples of taking reasonable precautions— • placing the laser pointer in a locked container • placing the laser pointer in other secure storage facilities for a weapon Maximum penalty—10 penalty units.
Part 8 Restricted articles
270 Meaning of restricted article Restricted article means— (a) handcuffs, thumbcuffs, or a similar device that is constructed or adapted to restrain a person; or (b) nunchaku or kung-fu sticks, or any similar device that— (i) consists of 2 or more hard non-flexible sticks, clubs, pipes or rods connected by a length of rope, cord, wire or chain; and (ii) is designed to be used in connection with the practice of martial arts; and (iii) is capable of causing bodily harm; or (c) a baton or a billy club that— (i) is not a toy; and (ii) is capable of causing bodily harm; or (d) a device (other than a category M weapon) that—
Discussion Draft (i) is designed to be used as a telescopic baton; and (ii) is not a toy; and
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[s 271]
(iii) is capable of causing bodily harm; or (e) a blowgun or blowpipe, or any dart or similar article designed to be projected from a blowgun or blowpipe; or (f) an article prescribed as a restricted article under a regulation.
271 Possession of restricted article limited (1) A person must not possess a restricted article unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (2) Subject to subsection (3), a security guard who possesses a restricted article mentioned in section 270(a) or (c) may claim a reasonable excuse under subsection (1) only if the possession— (a) happens after the person has completed an approved safety training course (security guard); or (b) is for the purpose of lawfully participating in an approved safety training course (security guard). (3) For subsection (1), it is not a reasonable excuse to possess a restricted article for— (a) crowd or traffic control; or (b) self-defence.
272 Safe storage of restricted article (1) This section applies to a person who possesses a restricted article if the restricted article is not in the physical possession of the person. (2) The person must—
Discussion Draft (a) store the restricted article in a locked container; and
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[s 273]
Examples of containers— • a briefcase • a locker (b) take reasonable precautions to ensure the restricted article is not accessible to persons who are not lawfully authorised to possess the restricted article. Examples of taking reasonable precautions— • placing keys to a container in a hidden location • storing tools that may be used to open a container away from the container Maximum penalty—10 penalty units. (3) It is a defence to a prosecution for an offence defined in subsection (2) for the defendant to prove that the defendant believed, on reasonable grounds— (a) that the restricted article the subject of the offence was in the physical possession of another person lawfully authorised to possess the restricted article; or (b) that another person lawfully authorised to possess the restricted article had complied with subsection (2). (4) The defendant must prove that the belief mentioned in subsection (3) was held at all times during which the restricted article was not in the physical possession of the defendant.
273 Wearing of restraining device (1) A person must not wear a restraining device in a public place unless— (a) the person has completed an approved safety training course (security guard); and (b) the restraining device is in a closed pouch. Maximum penalty—10 penalty units. Discussion Draft (2) In this section—
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[s 274]
restraining device means a restricted article mentioned in section 270(a). wear does not include wear during— (a) a film, television or theatrical performance; or (b) an historical or military re-enactment.
274 Wearing of baton (1) A person must not wear a telescopic baton in a public place unless the baton is in a closed pouch. Maximum penalty—10 penalty units. (2) A person must not wear a baton (other than a telescopic baton) in a public place unless it is secured in a holder that is— (a) appropriate for the size and shape of the baton; and (b) securely attached to a belt around the person’s waist. Maximum penalty—10 penalty units. (3) In this section— baton means a restricted article mentioned in section 270(c). telescopic baton means a restricted article mentioned in section 270(d). wear does not include wear during— (a) a film, television or theatrical performance; or (b) an historical or military re-enactment. Discussion Draft
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[s 275] Part 9 Supply and dispatch of regulated items
275 Supply of regulated item limited A person must not supply a regulated item to another person unless— (a) the other person is authorised to possess the item under a provision of this Act; or (b) the person reasonably believes the other person is authorised to possess the item under a provision of this Act. Maximum penalty— (a) if the person supplies 5 or more regulated items—100 penalty units or 1 year’s imprisonment; or (b) otherwise—60 penalty units or 6 months imprisonment.
276 Record of disposal of regulated item (1) A person who sells or otherwise disposes of a regulated item to another person must keep a record of the sale or other disposal under subsection (2). Maximum penalty—20 penalty units. (2) The record must include the following particulars— (a) the contact details of the other person; (b) the date of the sale or other disposal; (c) a description of the regulated item; (d) the serial number, if any, of the regulated item. (3) However, this section does not apply if—
Discussion Draft (a) the particulars of the sale or other disposal are required under this Act to be entered in a register kept by the person; or
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[s 277]
(b) section 246 or 255 applies to the sale or other disposal. (4) In this section— disposal, of a regulated item, does not include disposal of the item— (a) for repair; or (b) to a licensed armourer or licensed dealer for storage by the armourer or dealer; or (c) on a temporary basis for not more than 3 months in a calendar year without receiving consideration for the disposal or for the item; or (d) on a temporary basis under the authority of a licence or a provision of this Act.
277 Dispatch of regulated item A person may dispatch a regulated item only in the way prescribed under a regulation. Maximum penalty—60 penalty units.
Part 10 Excluded persons
278 Acquisition and possession of regulated item prohibited Despite any other provision of this chapter, an excluded person must not acquire or possess a regulated item. Maximum penalty—100 penalty units. Discussion Draft
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[s 279] 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. Discussion Draft
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[s 281]
281 Protection of criminal intelligence (1) This section applies to any proceeding relating to— (a) a review of a decision mentioned in section 279; or (b) a review, under the Judicial Review Act 1991, of a decision made under this Act; or (c) an appeal, under the QCAT Act, in relation to a decision mentioned in section 279. (2) The court or tribunal hearing the proceeding— (a) must ensure that it does not, in the reasons for its decision or otherwise, disclose the content of any criminal intelligence on which the decision mentioned in subsection (1) is based; and (b) to the extent necessary to prevent the disclosure of the criminal intelligence, must receive evidence and hear argument in the absence of the public, the applicant for review and the applicant’s lawyer or representative. (3) In this section— criminal intelligence means criminal intelligence or other information of the type mentioned in section 45(2)(e), 48(2)(c), 115(2)(e) or 118(2)(c) that could, if disclosed, reasonably be expected to— (a) prejudice the investigation of a contravention or possible contravention of this Act; or (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of this Act, to be ascertained; or (c) endanger a person’s life or physical safety; or (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention
Discussion Draft of this Act; or
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[s 282]
(e) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety.
Chapter 9 Miscellaneous
Part 1 Appointments
282 Approved officer (1) The commissioner may appoint a member of the police service or a public service employee as an approved officer. (2) However, a person may be appointed as an approved officer only if, in the commissioner’s opinion, the person has the necessary expertise or experience to be an approved officer.
283 Authorised officer (1) For this Act, the following persons are authorised officers— (a) the commissioner; (b) an executive officer or commissioned officer; (c) another member of the police service appointed as an authorised officer by the commissioner. (2) However, a member of the police service may be appointed as an authorised officer only if, in the commissioner’s opinion, the member has the necessary expertise or experience to be an authorised officer.
Discussion Draft Part 2 Declarations, statements and exclusion notices
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[s 284]
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 Discussion Draft subsection (4) of the declaration.
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[s 285]
(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.
285 Statement required under Customs (Prohibited Imports) Regulations 1956 (Cwlth) (1) This section applies to the importer of an article mentioned in the Customs (Prohibited Imports) Regulations 1956 (Cwlth), schedule 2 or 6. (2) The importer may apply to the commissioner for a statement or a certificate required, under the Customs (Prohibited Imports) Regulations 1956 (Cwlth), from a member of the police service in relation to the article. (3) The application must be— (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. (4) The commissioner must consider the application and decide to issue the statement or certificate or refuse to issue it. (5) If the commissioner decides to refuse to issue the statement or certificate, the commissioner must give the importer a QCAT information notice for the decision.
286 Statement of eligibility (1) This section applies to a person who— (a) does not hold a licence or permit; and Discussion Draft
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[s 287]
(b) because of the person’s occupation, or another reason, may come into possession of, or have access to, a weapon. (2) The person may apply to an authorised officer for a statement (a statement of eligibility) of whether the person is, under section 45, a fit and proper person to hold a licence. (3) The application must be— (a) made in the approved form; and (b) accompanied by the fee prescribed under a regulation. (4) The authorised officer must consider the application and decide to issue the statement of eligibility or refuse to issue it. (5) In deciding the application, the authorised officer may consider anything at the authorised officer’s disposal. (6) Chapter 2, part 3, divisions 2 and 3 apply to an application under this section as if the application were an application for the issue, or renewal, of a licence. Note— Under section 41, as applied by this subsection, if an authorised officer refuses to issue a statement of eligibility to a person, the authorised officer must give the person a QCAT information notice for the decision. (7) A statement of eligibility is current for 3 months after the day it is signed by an authorised officer. (8) An authorised officer may cancel a statement of eligibility issued to a person if the authorised officer is satisfied the person is, or is no longer, a fit and proper person to hold a licence. (9) If an authorised officer decides to cancel a statement of eligibility issued to a person, the authorised officer must give the person a QCAT information notice for the decision.
287 Exclusion notice Discussion Draft (1) This section applies to a person—
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[s 287]
(a) who does not hold a licence or permit; and (b) who is not an excluded person within the meaning of schedule 5, definition excluded person, paragraph (a)(i) to (viii); and (c) in relation to whom there is criminal intelligence or other information to which the commissioner has access, including information given to the commissioner under part 4, that indicates— (i) the individual is a risk to public or individual safety; or (ii) that authorising the individual to possess or use a weapon would be contrary to the public interest. (2) The commissioner may give the person a notice (an exclusion notice) stating that the person is an excluded person because of 1 or more of the matters mentioned in subsection (1)(c). (3) The exclusion is for— (a) the term, of not more than 5 years, stated on the exclusion notice; or (b) if no term is stated on the exclusion notice—5 years. (4) The exclusion notice takes effect when the notice is given to the person. (5) The commissioner must give the person a QCAT information notice for the decision to give the person an exclusion notice. (6) However, if a ground for giving the person an exclusion notice is based on criminal intelligence or other information that is not publicly available, it is enough that the QCAT information notice states that the ground is based on ‘confidential information’. (7) The commissioner may give a copy of the exclusion notice to any entity that the commissioner reasonably considers may
Discussion Draft give the person to whom the notice was given access to a weapon or regulated item. Examples of entities who may give access to a weapon—
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[s 288]
• the holder of a target shooting club permit or shooting range permit • a licensed dealer (8) An exclusion notice is current for the term mentioned in subsection (3). (9) Nothing in this section limits the number of exclusion notices that may be given to a person. (10) The giving of a copy of an exclusion notice to an entity under subsection (7) does not give rise to any criminal or civil action or remedy, or any administrative proceedings, against the commissioner.
Part 3 QPS website
288 What is the QPS website The QPS website is the website used by the commissioner to provide public access to information about matters relating to this Act. Editor’s note— The QPS website is at
289 When information is published on the QPS website (1) Information is published on the QPS website if it is made accessible in full on the website. (2) The date on which information is published on the QPS website is the date notified by the commissioner (whether as part of the information or elsewhere) as the date of its publication. (3) The date of publication must not be earlier than the date on Discussion Draft which it was first made accessible under subsection (1).
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[s 290] Part 4 Disclosure of information by particular entities
290 Professional carer (1) This section applies if a professional carer is of the opinion that a person is an unsuitable person to possess a weapon for either of the following reasons— (a) the person’s mental or physical condition; (b) the danger the person may pose to himself or herself or someone else. (2) The professional carer may inform the commissioner of the opinion and give the commissioner any relevant information about the person, including, for example, about the person’s identity or condition. (3) The giving of an opinion or information by a professional carer under subsection (2) does not give rise to any criminal or civil action or remedy, or any administrative proceedings, against the professional carer. (4) This section applies despite any duty of confidentiality owed by the professional carer to the person. (5) In this section— health service means a service prescribed under a regulation for maintaining, improving or restoring a person’s health or wellbeing. professional carer means— (a) a doctor; or (b) a psychologist; or (c) a nurse within the meaning of the Nursing Act 1992, section 4; or Discussion Draft (d) a person prescribed under a regulation who is engaged in providing a health service.
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[s 291]
291 Relevant entity (1) This section applies if a majority of the governing body of a relevant entity is of the opinion that a prescribed person is an unsuitable person to possess a weapon for either of the following reasons— (a) the person’s mental or physical condition; (b) the danger the person may pose to himself or herself or someone else. (2) The entity may inform the commissioner in writing of the governing body’s opinion and give the commissioner any relevant information about the person, including, for example, about the person’s identity or condition. (3) The giving of an opinion or information by an entity under subsection (2) does not give rise to any criminal or civil action or remedy, or any administrative proceedings, against the entity, or a representative of the entity, or a member of the governing body of the entity. (4) This section applies despite any duty of confidentiality owed by the entity, or a representative of the entity, or a member of the governing body of the entity, to the person. (5) In this section— prescribed person means a person who— (a) is or was a member of a relevant entity; or (b) communicates with a relevant entity about becoming a member of the relevant entity; or (c) attends an activity conducted by a relevant entity. Examples of activities conducted by a relevant entity— • recreational shooting conducted by an approved recreational shooting club • target shooting conducted by an approved target shooting club Discussion Draft relevant entity means—
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[s 292]
(a) an approved historical society; or (b) an approved recreational shooting club; or (c) an approved target shooting club; or (d) an approved weapons club; or (e) a shooting association.
292 Requirement to give information under condition of permit (1) This section applies if a condition of a permit requires the body that holds the permit to give an authorised officer information about— (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 condition applies despite any duty of confidentiality owed by the body, or a representative of the body, or a member of the governing body of the body, to the member. (3) The giving of information by the body under the condition does not give rise to any criminal or civil action or remedy against the body, or a representative of the body, or a member of the governing body of the body.
Part 5 Owners of rural land
293 Owner of rural land giving permission to shoot must keep register
Discussion Draft (1) This section applies to an owner of rural land who provides permission to shoot a weapon on the owner’s rural land— (a) to a person for a fee or reward; or
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(b) to more than 50 persons. Note— Whether an owner of rural land may give permission for recreational shooting, or the sport of target shooting, to take place on the owner’s land may depend on land use approvals for the land. However, if the sport of target shooting is conducted in an organised way, an offence may be committed under section 236. If a shooting range is conducted, an offence may be committed under section 235. (2) The owner must keep, at the rural land, a register containing, for each permission to shoot, the following particulars— (a) the contact details of the person to whom the permission was given; (b) the date the permission was given; (c) if the permission was limited by time—the day the permission ends. Maximum penalty—10 penalty units. (3) For subsection (1), permission given to a body allowing its members, or members of another body affiliated with the body, to shoot on the owner’s rural land is taken to be a single permission to shoot given to 1 person. (4) In this section— person includes a body.
294 Owner of rural land incurs no liability merely by giving written permission to shoot for particular purpose (1) An owner of rural land does not incur any liability merely because the owner provides an entity with written permission to shoot a weapon on the owner’s land for the purpose of the entity applying for the issue or renewal of a licence or permit. (2) Without limiting subsection (1), an owner does not contravene section 231, 232, 233 or 236 merely because the owner
Discussion Draft provides an entity with written permission to shoot a weapon on the owner’s land for the purpose of the entity applying for the issue or renewal of a licence or permit.
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[s 295] Part 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 Discussion Draft stated position within the association.
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(2) The shooting association must give to an authorised officer, within the reasonable time stated in the notice mentioned in subsection (1), a notice stating the information requested. Maximum penalty—60 penalty units. (3) An authorised officer may extend the time stated in the notice mentioned in subsection (1) if— (a) the association applies to the authorised officer for an extension within the time stated in the notice mentioned in subsection (1); and (b) the authorised officer is satisfied there are exceptional circumstances. (4) 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. (5) 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. (6) In this section— particulars, of the persons who hold or held particular stated positions within the association, means— (a) the names of the persons; and (b) the licence numbers, if any, of the persons; and (c) the date the persons were appointed to the positions; and (d) if the persons no longer hold the positions—the date the persons stopped holding the positions. Discussion Draft
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[s 297] Part 7 Advisory council
297 Advisory council may be established (1) The Minister may establish an advisory council to advise the Minister in the administration of this Act. (2) The advisory council is to consist of the members appointed to the council by the Minister.
Part 8 Amnesty for weapons
298 Amnesty declaration (1) The commissioner may, with the approval of the Minister, declare an amnesty (amnesty declaration) for weapons of particular types. (2) An amnesty declaration must be published— (a) in a gazette notice; and (b) in a newspaper circulating generally throughout the State. (3) The effect of an amnesty declaration is that a person must not be proceeded against for an offence against section 178 for the possession of a weapon of a type mentioned in the amnesty declaration if the person takes action, in the amnesty period for the type of weapon, in accordance with the conditions stated in the amnesty declaration— (a) to surrender the weapon; or (b) to obtain the necessary authority under this Act to possess the weapon.
Discussion Draft (4) Subsection (3) does not stop the commissioner from, with the approval of the Minister, amending or revoking an amnesty declaration.
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Examples of amendment of amnesty declaration— • an amendment changing the types of weapons mentioned in the amnesty declaration • an amendment shortening or lengthening the amnesty period for a type of weapon mentioned in the amnesty declaration • an amendment changing the conditions stated in the amnesty declaration (5) The commissioner must ensure, to the extent it is reasonably practicable, that an amendment or revocation of an amnesty declaration does not defeat the expectation a person may have had, before the amendment or revocation, to be able to take action to surrender, or to obtain the necessary authority to possess, a weapon. Example— If an amnesty declaration is to be amended to omit from the declaration the mention of a particular type of weapon, the amendment should, if reasonably practicable, operate to allow a person reasonable time to surrender, or to obtain the necessary authority to possess, a weapon of the particular type before the amendment takes affect. (6) The commissioner may include in an amnesty declaration any information or advice the commissioner considers appropriate to support the effectiveness of the declaration. (7) No compensation is payable by the State for the surrender of a weapon under an amnesty declaration. (8) In this section— amnesty period, for a type of weapon mentioned in an amnesty declaration, means the period stated in the amnesty declaration as the period for taking action to surrender, or to obtain the necessary authority under this Act to possess, a weapon of the type.
299 Dealing with surrendered weapon (1) This section applies if a person surrenders a weapon of a type Discussion Draft mentioned in an amnesty declaration under section 298 in
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accordance with the conditions stated in the amnesty declaration. (2) On the surrender of the weapon, the weapon— (a) becomes the property of the State; and (b) is taken, for the Police Powers and Responsibilities Act 2000, chapter 21, part 3, division 7 to have been forfeited to the State.
Part 9 Legal proceedings
Division 1 Procedure
300 Indictable offences (1) An offence against this Act punishable by at least 7 years imprisonment is a crime. (2) An offence against this Act punishable by more than 2 years imprisonment but less than 7 years imprisonment is a misdemeanour.
301 Proceedings for an offence (1) Subject to subsections (2) and (3), a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following— (a) 1 year after the offence is committed; (b) 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. Discussion Draft (2) A proceeding for an indictable offence punishable by more than 10 years imprisonment may only be taken on indictment.
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(3) A proceeding for an indictable offence, other than an indictable offence punishable by more than 10 years imprisonment, may, at the election of the prosecution, be taken— (a) by way of summary proceedings under subsection (1); or (b) on indictment. (4) A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— (a) for the summary conviction of the person; or (b) for an examination of witnesses in relation to the charge. (5) If a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order as defined under the Justices of the Peace and Commissioners for Declarations Act 1991. (6) If the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment, the magistrate— (a) must not decide the charge as a summary offence; and (b) must proceed by way of a committal proceeding. (7) If a magistrate acts under subsection (6)— (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and (c) before committing the person for trial or sentence, the magistrate must make a statement to the person under
Discussion Draft the Justices Act 1886, section 104(2)(b).
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(8) The maximum penalty that may be imposed on a summary conviction of an indictable offence against this Act is 150 penalty units or 3 years imprisonment.
302 Joinder of charges (1) Charges that a person contravened section 198(1) on stated occasions over a stated period may be joined in the same complaint or indictment. (2) Charges that a person contravened section 206(1) on stated occasions over a stated period may be joined in the same complaint or indictment. (3) Charges that a person contravened a prescribed provision on stated occasions over a stated period may be joined in the same complaint. (4) This section does not limit the Criminal Code, section 567 or the Justices Act 1886, section 43. (5) In this section— prescribed provision means a provision of this Act that requires a person to keep a record or a register. Notes— 1 Under section 276, a person who sells or otherwise disposes of a regulated item is required to keep a record of the disposal. 2 Under section 292, an owner of rural land is required to keep a register relating to permissions to shoot. 3 Under schedule 2, section 6, a regulation may require a person to keep a register relating to weapons.
303 Protection of informer (1) If an informer supplies information to a police officer in relation to the commission of an indictable offence against this Act, the informer’s identity must, at all times, be kept Discussion Draft confidential.
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(2) A person must not disclose the name of an informer or any other particular that may be likely to lead to the informer’s identification. Maximum penalty—2 years imprisonment. (3) However, a person does not contravene subsection (2) if— (a) the informer consents to the information being disclosed; or (b) the disclosure was made in good faith for the protection of the informer’s interests; or (c) a court orders the disclosure after being satisfied that— (i) disclosing the information is not likely to jeopardise the informer’s safety; and (ii) the disclosure is in the public interest.
304 Source of information not to be disclosed (1) This section applies to a proceeding under this Act or another Act if an informer has supplied information to a police officer in relation to the commission of an indictable offence against this Act. (2) The prosecutor or a prescribed witness in the proceeding can not be compelled to disclose— (a) the name of an informer, or any other particular that may be likely to lead to the informer’s identification; or (b) the fact that, in relation to the offence, the prosecutor or witness received information from, or gave information to, an informer; or (c) the nature of the information mentioned in paragraph (b). (3) A police officer appearing as a prosecutor or witness in the
Discussion Draft proceeding can not be compelled— (a) to produce a report or document, made or received by the police officer in the police officer’s official capacity
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[s 305]
or containing information given by the informer in relation to the offence; or (b) to make a statement in relation to the report or document or information contained in the report or document. (4) However the prosecutor, prescribed witness or police officer in the proceeding may be compelled to disclose information, or a report or document, to the extent— (a) the informer consents to the particular information, or all or a particular part of the report or document, being disclosed; or (b) a court orders that particular information, or all or a particular part of the report or document, be disclosed after being satisfied that the disclosure is not likely to jeopardise the informer’s safety and is in the public interest. (5) In this section— prescribed witness means— (a) a person appearing as a witness for the prosecution; or (b) a police officer appearing as a witness for the defence.
305 Power to prohibit publication of proceedings (1) In a proceeding arising out of a charge of having committed an indictable offence against this Act, the presiding judicial officer may make an order prohibiting the publication of all or any part of the proceeding and the name and address of any witness. (2) An application for an order under subsection (1) may be made in closed court in the presence of any person the presiding judicial officer permits and no other person. (3) On the hearing of the application, the presiding judicial officer may receive and act on any information the presiding Discussion Draft judicial officer considers appropriate.
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(4) When considering an application to prohibit publication, the presiding judicial officer must have regard to— (a) the safety of any person; and (b) the extent to which the detection of offences of a like nature may be affected; and (c) the need to guarantee the confidentiality of information given by an informer. (5) A person who contravenes an order made by a presiding judicial officer under subsection (1) commits an offence. Maximum penalty— (a) if the order is made by a magistrate—2 years imprisonment; or (b) if the order is made by a judge—5 years imprisonment. (6) This section is in addition to and not in substitution for the Child Protection Act 1999, sections 192 and 193 and the Youth Justice Act 1992. (7) In this section— presiding judicial officer, for a proceeding, means— (a) the magistrate hearing and deciding the matter summarily or conducting the examination of witnesses; or (b) the judge presiding over the court to which a person has been committed for trial or sentence.
306 Disqualification and other orders (1) This section applies if a person is— (a) convicted of an offence against a law of the State; or (b) the subject of a prescribed order.
Discussion Draft (2) The court may, in addition to any other penalty imposed under a law of the State, do 1 or more of the following—
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(a) impose a condition on any licence or permit held by the person; (b) declare any licence or permit held by the person to be cancelled; (c) disqualify the person from holding or obtaining a licence or permit, or from being the representative of a body holding a licence or permit, for a period stated by the court; (d) direct the person to surrender any licence or permit held by the person at a stated police establishment at a stated reasonable time; (e) order that any of the following owned or in the possession of the person is forfeited to the State— (i) a weapon; (ii) a weapon as defined in section 186; (iii) a knife as defined in section 191(5). (3) A declaration under subsection (2)(b) is taken to cancel the licence or permit stated in the declaration. (4) A disqualification under subsection (2)(c) is taken to cancel any licence or permit held by the person. (5) In this section— prescribed order means— (a) a restraining order under the Criminal Code, section 359F; or (b) an order under the Mental Health Act 2000; or (c) an order under the Peace and Good Behaviour Act 1982; or (d) an order under any other Act if a purpose of the order is the physical protection of another person. Discussion Draft
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Division 2 Evidentiary provisions
307 Application of div 2 This division applies to a proceeding under or in relation to this Act.
308 Appointments and authority The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it— (a) the appointment of the Minister, the commissioner, the deputy commissioner, an executive officer, a commissioned officer, a police officer, an authorised officer or an approved officer; (b) the power of any person mentioned in paragraph (a) to do anything under this Act.
309 Signatures A signature purporting to be the signature of a person mentioned in section 308(a) is evidence of the signature it purports to be.
310 Other evidentiary aids (1) A certificate signed by an authorised officer stating any of the following matters is evidence of the matter— (a) a stated document is a licence, permit or other document issued or given under this Act or a copy of the document; (b) at or during a stated time, in relation to a place, person or body there was or was not a stated licence, permit or other document issued or given under this Act; Discussion Draft
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[s 311]
(c) a licence, permit or other document issued or given under this Act was subject to the terms, conditions or limitations stated in the document. (2) A certificate signed by the commissioner or a deputy commissioner stating either of the following matters is evidence of the matter— (a) that the commissioner or deputy commissioner, acting personally under section 49, approved an authorised officer’s decision to refuse to issue or renew, or to suspend or cancel, a licence; (b) that the commissioner or deputy commissioner, acting personally under section 119, approved an authorised officer’s decision to refuse to issue or renew, or to suspend or cancel, a permit.
311 Information published on QPS website A certificate signed by the commissioner or a deputy commissioner stating any of the following matters is evidence of the matter— (a) that a specified website is currently used, or was used during a stated period or on a stated day, to provide public access to information about matters relating to this Act; or (b) that stated information was published on the QPS website during a stated period or on a stated day.
312 Entries in weapons register A document purporting to contain information extracted from the weapons register and signed by an authorised officer is evidence that the information is included in the weapons register. Discussion Draft
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313 Entries in registers kept under Act An entry in a register kept by a person under this Act, or found on premises of a person required to keep a register under this Act, is taken, unless the contrary is shown, to have been made by or with the authority of that person.
314 Statement in complaint A statement in a complaint under the Justices Act 1886 of any of the following matters is evidence of the matter— (a) a place is or is not an approved gallery, an approved range or an approved venue; (b) a body is or is not an approved historical society, an approved recreational shooting club, an approved target shooting club or an approved weapons club; (c) an entity is or is not an approved training provider; (d) a person is or is not of a particular age; (e) an entity was, or was not, the holder of a stated licence, permit or other document issued or given under this Act at or during a stated time; (f) that the matter of complaint came to the knowledge of the complainant on a stated day.
315 Evidence given by approved officer (1) This section applies to a document signed by an approved officer stating any of the following matters, and served on a person charged with an offence against this Act (the defendant) at least 14 clear days before the hearing of the complaint— (a) that at a stated time a weapon or other thing was or was not—
Discussion Draft (i) a weapon; or
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[s 315]
(ii) a weapon of a particular action, calibre, category, class, make, model or type; or (iii) a weapon capable of firing a particular type of cartridge ammunition; or (iv) a firearm; or (v) an antique firearm; or (vi) a weapon as defined in section 186; or (vii) an imitation of a weapon or other thing; or (viii)a regulated item; or (ix) for a firearm—temporarily deactivated or permanently deactivated; (b) that at a stated time a weapon or other thing— (i) did or did not have a serial number or other identifying mark; or (ii) has had a serial number or other identifying mark altered, defaced or removed. (2) On the production of the document in a proceeding relating to the complaint, the document is evidence of the matters stated in it. (3) However, the defendant may challenge a matter stated in the document at a hearing of the complaint if the defendant gives notice of the challenge to the prosecution at least 3 business days before the day fixed for the hearing. (4) Even if the defendant fails to give notice under subsection (3), a court may, in the interests of justice, allow the defendant to challenge a matter stated in the document and for that purpose may order the approved officer to be called as a witness and grant any necessary adjournment. Discussion Draft
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[s 316]
316 Opinion evidence of particular matters not required (1) A court or tribunal may decide whether a thing produced to it, and examined by it, is 1 of the following without the assistance of opinion evidence— (a) a weapon; (b) a weapon of a particular action, calibre, category, class, make, model or type; (c) a weapon capable of firing a particular type of cartridge ammunition; (d) a firearm; (e) an antique firearm; (f) a knife as defined in section 191(5); (g) a thing mentioned in section 186, definition weapon, paragraph (b), (c), (e), (f) or (g); (h) an imitation of a weapon or other thing; (i) a regulated item. (2) Subsection (1) does not apply if the court or tribunal considers the interests of justice require that opinion evidence be given.
317 Presumption of possession (1) In relation to a charge involving the unlawful possession of a weapon under section 178, proof that the weapon was at the material time in or on a place of which a person was the occupier, or concerned in the management or control, is evidence that the weapon was then in the person’s possession. (2) Subsection (1) does not apply if the person proves on the balance of probabilities— (a) that the weapon was brought to the place by someone who was authorised to have possession of the weapon;
Discussion Draft or
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[s 318]
(b) that the person neither knew nor had reason to suspect that the weapon was in or on the place; or (c) that someone other than the person had responsibility for the weapon.
318 Special evidentiary provision—age of person Where the age of any person is material, a court may decide, upon its own view and judgment, whether any person charged or present before it has or has not attained any age mentioned in this Act but the age of that person may be proved by other means.
319 Onus of proof—exemption Proof that section 15, 16, 17, 18 or 19 applies to a person lies upon the person who relies on the provision.
Part 10 Other miscellaneous provisions
320 Executive officer must ensure corporation complies with Act (1) The executive officers of a corporation must ensure the corporation complies with this Act. (2) If a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision. Maximum penalty—the penalty for the commission of the
Discussion Draft offence by an individual.
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[s 321]
(3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision. (4) However, it is a defence for an executive officer to prove— (a) if the officer was in a position to influence the conduct of the corporation in relation to the offence, the officer exercised reasonable diligence to ensure the corporation complied with the provision; or (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence. (5) In this section— executive officer, of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive officer.
321 Treatment of unincorporated bodies (1) Subject to this section, an offence provision applies to an unincorporated body as if the unincorporated body were a person. (2) If, because of the operation of subsection (1), an offence against a provision of this Act is taken to have been committed by the unincorporated body, the offence is taken to have been committed by each of the management members of the body. (3) However, it is a defence for a management member to prove— (a) if the management member was in a position to influence the conduct of the body in relation to the
Discussion Draft offence—the management member exercised reasonable diligence to ensure the body complied with the provision; or
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[s 322]
(b) the management member was not in a position to influence the conduct of the body in relation to the offence. (4) In this section— management member, of an unincorporated body, means— (a) if the body has a governing body—each member of the governing body; or (b) otherwise—each member who is concerned with, or takes part in, the body’s management, whatever name is given to the member’s position in the body. offence provision means a provision of this Act the contravention of which by a person exposes that person to a finding of guilt by a court.
322 False or misleading statements A person must not state anything in a document required to be kept, given or made under this Act that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units or 2 years imprisonment.
323 Service of documents (1) If a document is required or permitted under this Act to be given to a person, the document may be given to the person by— (a) posting it by registered post to the address of the place of residence or business of the person last known to the giver of the document; or (b) sending it by email to the email address of the person last known to the giver of the document. Discussion Draft (2) If a document is required or permitted under this Act to be given to a body, the document is taken to have been given to
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the body if it is given to the body’s representative in a way mentioned in subsection (1). (3) A document given to an entity under subsection (1)(a) is taken to have been given on the day it would be delivered in the ordinary course of registered post, unless the contrary is proved. (4) A document given to an entity under subsection (1)(b) is taken to have been given on the day it is sent, unless the contrary is proved. (5) This section does not limit the other means of giving documents authorised or permitted by law, including, for example, under the Acts Interpretation Act 1954, part 10.
324 Approval of forms The commissioner may approve forms for use under this Act.
325 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) Without limiting subsection (1), the Governor in Council may make regulations in relation to the matters mentioned in schedule 2. (3) A regulation may— (a) prescribe the fees that are payable under this Act and the matters for which fees are payable; and (b) create offences and prescribe penalties of not more than 20 penalty units for each offence. (4) A regulation under subsection (3)(a) may prescribe fees that are payable for an application and fees that are payable having regard to the period for which a licence or permit is issued. Discussion Draft
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326 Transitional regulation-making power (1) A transitional regulation may provide for a matter for which this Act does not provide or does not sufficiently provide. (2) A transitional regulation may have retrospective operation to a day that is not earlier than the day on which this section commences. (3) A transitional regulation must declare it is a transitional regulation. (4) This section and any transitional regulation expire 1 year after the day on which this section commences.
Chapter 10 Repeal provision
327 Repeal The Weapons Act 1990, No. 71 is repealed.
Chapter 11 Transitional provisions
Part 1 Preliminary
328 Definitions for ch 11 In this chapter— commencement means the commencement of this section. new Act means the Weapons Act 2010. Discussion Draft repealed Act means the Weapons Act 1990.
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repealed regulation means the Weapons Regulation 1996.
329 Acts Interpretation Act, s 20 not limited This chapter does not limit the Acts Interpretation Act 1954, section 20.
Part 2 Application of Act
330 Continuing effect of authority in relation to scientific or experimental work (1) This section applies to an authority granted to a person, under section 2(1)(i) of the repealed Act, that is in force immediately before the commencement. (2) If the person is not an excluded person, the authority is taken to have been granted under section 15(1)(k) of the new Act and has effect according to its terms.
331 Continuing effect of exemption granted by commissioner (1) This section applies to an exemption granted to a person, under section 2(1)(m) of the repealed Act, that is in force immediately before the commencement. (2) The exemption— (a) is taken to have been granted under section 18 of the new Act and applies to the provisions of the new Act that correspond to the provisions of the repealed Act to which the exemption previously applied; and (b) may be amended or cancelled under the new Act. Discussion Draft
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[s 332]
332 Permanently inoperable firearms (1) This section applies to a firearm that is certified, under section 7 of the repealed Act, as being incapable of being discharged. (2) The firearm is taken to be permanently deactivated under section 12 of the new Act.
Part 3 Licences
333 Table of corresponding licences A licence stated in the following table, column 1 is the licence under the new Act that corresponds to a licence under the repealed Act stated in column 2 opposite the reference to the first licence— Table
Column 1 Column 2 Licence under new Act Licence under repealed Act
armourer’s licence armourer’s licence blank-fire firearms blank-fire firearms licence licence collector’s licence collector’s licence (heirloom) or (weapons) concealable firearms concealable firearms licence licence dealer’s licence dealer’s licence firearms licence firearms licence firearms instructor’s firearms licence (instructor)
Discussion Draft licence group licence group licence
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Column 1 Column 2 Licence under new Act Licence under repealed Act
minor’s licence minor’s licence miscellaneous weapons miscellaneous weapons licence licence security licence (guard) security licence (guard) security licence security licence (organisation) (organisation) theatrical ordnance theatrical ordnance supplier’s licence supplier’s licence visitor’s licence visitor’s licence
334 Continuing effect of existing licences (1) A licence under the repealed Act that is in force immediately before the commencement, continues in force and is taken to be a licence under the new Act that corresponds to it. (2) A licence continued in force by subsection (1)— (a) does not authorise anything that was not authorised by the licence immediately before the commencement; and (b) subject to the new Act, continues in force for the unexpired portion of its term. (3) A representative endorsed on a licence continued in force by subsection (1) that is held by a body is taken to be the body’s representative under the new Act.
335 Licence subject to condition (1) This section applies if a licence issued under the repealed Act to which section 334 applies is subject to a condition
Discussion Draft immediately before the commencement.
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(2) The licence, as a licence under the new Act, is taken to be subject to the same condition under the new Act whether or not the licence is taken to be a licence of a different type because of section 333. (3) However, if there is an inconsistency between a condition to which the licence is subject under section 60 of the new Act, and a condition to which the licence was subject immediately before the commencement, the condition mentioned in section 60 of the new Act prevails.
336 Continuing effect of suspension (1) Subsection (2) applies if a licence issued under the repealed Act is suspended by a suspension notice issued under section 28 of that Act and the suspension is in force immediately before the commencement. (2) The licence, as a licence under the new Act, is taken to be suspended under section 65 of the new Act and the suspension notice is, from the commencement, taken to have been issued under that section. (3) Subsection (4) applies if the time for complying with a direction contained in the suspension notice issued under section 28 of the repealed Act has not expired before the commencement and the licensee fails to comply with the direction. (4) The licensee may be prosecuted and convicted of an offence against section 69(4) of the new Act and the maximum penalty for the offence is the penalty that applied for a contravention of section 30(3) of the repealed Act.
337 Revocation notice under s 29 of repealed Act (1) Subsection (2) applies if the time for complying with a
Discussion Draft direction contained in a revocation notice issued under section 29 of the repealed Act has not expired before the commencement.
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(2) The revocation notice is taken to be a cancellation notice issued under section 68 of the new Act. (3) However, if the licensee fails to comply with the direction, the licensee may be prosecuted and convicted of an offence against section 67(4) of the new Act and the maximum penalty for the offence is the penalty that applied for a contravention of section 30(3) of the repealed Act.
338 Continuing effect of amendment (1) Subsection (2) applies if a licence issued under the repealed Act is amended by a written notice issued under section 25 of that Act and the period for which the amendment is to take effect has not ended before the commencement. (2) The licence, as a licence under the new Act, is taken to be amended under section 62(3) of the new Act and the written notice is, from the commencement, taken to have been issued under section 62(4) of the new Act.
Part 4 Permits, approvals and other authorities
339 Table of corresponding permits A permit stated in the following table, column 1 is the permit under the new Act that corresponds to a permit, approval or other authority under the repealed Act stated in column 2 opposite the reference to the first permit— Discussion Draft
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[s 339]
Table
Column 1 Column 2 Permit under new Act Permit, approval or other authority under repealed Act
permit to acquire permit to acquire under section 40 of the repealed Act arms fair permit approval of conduct of arms fair under section 79 of the repealed Act historical society permit -historical society permit under section 69B of the repealed regulation -approval of weapons club under section 70D of the repealed regulation if the primary purpose of the club is the study, preservation or collection of category M crossbows recreational shooting -approval of weapons club under club permit section 70D of the repealed regulation if the primary purpose of the club is recreational shooting target shooting club -shooting club permit under section permit 87 of the repealed Act -approval of weapons club under section 70D of the repealed regulation if the primary purpose of the club is to conduct the sport of target shooting with category M crossbows or to give training in the use of category M crossbows weapons club permit none shooting gallery permit approval to conduct a shooting gallery under section 111 of the Discussion Draft repealed Act
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[s 340]
Column 1 Column 2 Permit under new Act Permit, approval or other authority under repealed Act
shooting range permit approval to conduct a range for weapons target shooting under section 101 of the repealed Act shooting venue permit none training provider permit none
340 Continuing effect of existing permits, approvals and other authorities (1) A permit, approval or other authority under the repealed Act that is in force immediately before the commencement, continues in force and is taken to be a permit under the new Act that corresponds to it. (2) A permit, approval or other authority continued in force by subsection (1)— (a) does not authorise anything that was not authorised by the permit, approval or other authority immediately before the commencement; and (b) subject to the new Act, continues in force for the unexpired portion of its term. (3) A representative endorsed on a permit, approval or other authority continued in force by subsection (1) that is held by a body is taken to be the body’s representative under the new Act.
341 Permit, approval or other authority subject to condition (1) This section applies if a permit, approval or other authority issued under the repealed Act to which section 341 applies is
Discussion Draft subject to a condition immediately before the commencement.
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[s 342]
(2) The permit, approval or other authority, as a permit under the new Act, is taken to be subject to the same condition under the new Act whether or not the permit, approval or other authority is taken to be a permit of a different type because of section 339. (3) However, if there is an inconsistency between a condition to which the permit is subject under section 130 of the new Act, and a condition to which the permit, approval or other authority was subject immediately before the commencement, the condition mentioned in section 130 of the new Act prevails.
342 Continuing effect of suspension (1) Subsection (2) applies if a permit or approval issued under the repealed Act is suspended by a written notice issued under section 96, 106 or 113C of that Act and the suspension is in force immediately before the commencement. (2) The permit or approval, as a permit under the new Act, is taken to be suspended under section 135 of the new Act and the written notice is, from the commencement, taken to have been issued under that section. (3) Subsection (4) applies if the time for complying with a direction contained in the written notice issued under section 96, 106 or 113C of the repealed Act has not expired before the commencement and the holder of the permit fails to comply with the direction. (4) The holder of the permit can not be prosecuted, under section 137(4) of the new Act, for failure to comply with the direction.
343 Revocation notice under section 96, 106 or 113C of
Discussion Draft repealed Act (1) Subsection (2) applies if the period for complying with a direction contained in a written notice issued under section
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[s 344]
96, 106 or 113C of the repealed Act has not ended before the commencement. (2) The revocation notice is taken to be a cancellation notice issued under section 136 of the new Act. (3) However, the holder of the permit can not be prosecuted, under section 137(4) of the new Act, for failure to comply with the direction.
344 Continuing effect of amendment (1) Subsection (2) applies if a permit or approval issued under the repealed Act is amended by a written notice issued under section 94(2), 105(2) or 113B(2) of that Act and the period for which the amendment is to take effect has not ended before the commencement. (2) The permit or approval, as a permit under the new Act, is taken to be amended under section 133 of the new Act and the written notice is, from the commencement, taken to have been issued under section 133(2) of the new Act. (3) Subsection (4) applies if an amendment of a permit or approval issued under the repealed Act has been extended by written notice under section 94(5), 105(5) or 113B(5) of that Act and the extended period for which the amendment is to take effect has not ended before the commencement. (4) The permit or approval, as a permit under the new Act, is taken to be amended under section 133 of the new Act and the written notice is, from the commencement, taken to have been issued under section 133(5) of the new Act. Discussion Draft
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[s 345] Part 5 Domestic violence orders
345 Domestic violence orders (1) Chapter 2, part 12 of the new Act applies with all necessary and convenient changes in relation to— (a) a temporary protection order or protection order made before the commencement; and (b) a licence, permit, approval or other authority issued under the repealed Act that is taken to be a licence or permit under the new Act; and (c) the authority of a respondent in a domestic violence order to possess a weapon. (2) The following provisions do not limit, but may extend, the application of chapter 2, part 12. (3) Subsection (4) applies if, immediately before the commencement, a body’s licence is suspended under section 27A(2)(b) of the repealed Act. (4) On the commencement the body’s licence is taken to have been suspended under section 91(2)(b) of the new Act. (5) Subsection (6) applies if a body’s licence issued under the repealed Act is subject to being suspended under section 27A(2)(b) of that Act immediately before the commencement. (6) The body’s licence, as a licence under the new Act, is suspended under section 91(2)(b) of the new Act on the day 7 days after the licensee mentioned in section 27A(2)(b) of the repealed Act was given a copy of the temporary protection order unless within that period the body’s licence is amended to change the body’s representative. (7) Subsection (8) applies if a body’s licence issued under the repealed Act is subject to being suspended under section
Discussion Draft 28A(2)(b) of that Act immediately before the commencement. (8) The body’s licence, as a licence under the new Act, is suspended under section 92(2)(b) of the new Act on the day 7
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days after the licensee mentioned in section 28A(2)(b) of the repealed Act was given a copy of the protection order unless within that period the body’s licence is amended to change the body’s representative. (9) A person may be prosecuted for, and convicted of, an offence against section 93(4) or (5) of the new Act in relation to the disclosure, after the commencement, of information about a domestic violence order a copy of which was given to an effective individual under section 29A of the repealed Act and for that purpose the domestic violence order is taken to have been explained under section 93(2) of the new Act. (10) Subsection (11) applies if arrangements were made with a police officer under section 29B(2) of the repealed Act and, but for the commencement of the new Act, section 29B(5) of the repealed Act could have applied in relation to the arrangements. (11) The— (a) arrangements are taken to have been made under section 94(2) of the new Act and section 94(5) of that Act applies in relation to the arrangements; and (b) the maximum penalty for an offence against section 94(5) of the new Act is the penalty that was the maximum penalty for an offence against section 29B(5) of the repealed Act. (12) If immediately before the commencement section 29B(3) applied to a respondent named in a domestic violence order and the period of 1 day mentioned in the provision had not ended at that time, section 94(3) of the new Act applies. (13) For applying section 94(6) of the new Act to a weapon given to a police officer under section 29B of the repealed Act, the weapon is taken to have been given to the police officer under section 94 of the new Act. Discussion Draft
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[s 346] Part 6 Applications
346 Effect of commencement on applications for licences, permits, approvals and other authorities (1) This section applies to an application for a licence, permit, approval or other authority under the repealed Act, if the application is not decided before the commencement. (2) From the commencement, the application for the licence, permit, approval or other authority is taken to be an application for the licence or permit under the new Act that corresponds to it, as mentioned in section 333 or 339. (3) In this section— application, for a licence or permit, includes an application for the renewal or replacement of a licence or permit.
347 Information about application for licence (1) This section applies if an officer in charge of police or an authorised officer under the repealed Act has obtained, before the commencement, information under section 14 of the repealed Act in relation to an application for a licence. (2) The information is taken to be information to which section 51 of the new Act applies. Note— Section 51 of the new Act restricts the use that may be made of information.
348 Information about application for permit to acquire (1) This section applies if an officer in charge of police or an authorised officer under the repealed Act has obtained, before the commencement, information under section 41 of the
Discussion Draft repealed Act in relation to an application for a permit to acquire.
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[s 349]
(2) The information is taken to be information to which section 121 of the new Act applies. Note— Section 121 of the new Act restricts the use that may be made of information.
349 Application for amendment of licence conditions (1) This section applies to a licensee’s application under section 25(1)(a) of the repealed Act to amend the conditions of a licence, if the application is not decided before the commencement. (2) The application is taken to be an application, under section 61 of the new Act, for an amendment of the licence as a licence under the new Act.
350 Application for change of approved place (1) This section applies to a licensee’s application, under section 26 of the repealed Act, to change an approved place endorsed on a licence, if the application is not decided before the commencement. (2) The application is taken to be an application, under section 61 of the new Act, for an amendment of the licence as a licence under the new Act.
351 Application for licensee’s representative (1) This section applies to an application by a licensee, under section 31 of the repealed Act, for the licence to be endorsed with the name of a fit and proper individual as the licensee’s representative, if the application is not decided before the commencement.
Discussion Draft (2) The application is taken to be an application, under section 61 of the new Act, for an amendment of the licence as a licence under the new Act.
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[s 352]
352 Application for approval of alternative way of marking serial number (1) This section applies to an application by a person, under section 48B of the repealed Act, to mark a serial number on a firearm in another way, if the application is not decided before the commencement. (2) The application is taken to be an application, under section 156 of the new Act, to mark the serial number on the firearm in an alternative way.
353 Application for amendment of shooting club permit conditions (1) This section applies to a shooting club’s application under section 94 of the repealed Act to amend the conditions applying to a shooting club permit, if the application is not decided before the commencement. (2) The application is taken to be an application, under section 131 of the new Act, for an amendment of the target shooting club permit that the approval has become.
354 Application for amendment of range approval conditions (1) This section applies to a range operator’s application under section 104 of the repealed Act to amend the conditions applying to an approval of a range for weapons target shooting, if the application is not decided before the commencement. (2) The application is taken to be an application, under section 131 of the new Act, for an amendment of the shooting range permit that the approval has become.
Discussion Draft 355 Application for amendment of gallery approval conditions (1) This section applies to a gallery operator’s application under section 113A of the repealed Act to amend the conditions
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[s 356]
applying to an approval to conduct a shooting gallery, if the application is not decided before the commencement. (2) The application is taken to be an application, under section 131 of the new Act, for an amendment of the shooting gallery permit that the approval has become.
356 Application for representative of holder of gallery approval (1) This section applies to an application by the holder of an approval to conduct a shooting gallery, under section 113 of the repealed Act, for the approval to be endorsed with the name of a fit and proper person as the representative of the holder of the approval, if the application is not decided before the commencement. (2) The application is taken to be an application, under section 131 of the new Act, for an amendment of the shooting gallery permit that the approval has become.
357 Application for amendment of weapons club approval conditions (1) This section applies to a weapons club’s application under section 70K of the repealed regulation to amend the conditions applying to a weapons club approval, if the application is not decided before the commencement. (2) The application is taken to be an application, under section 131 of the new Act, for an amendment of the historical society permit, recreational shooting club permit, or target shooting club permit that the approval has become. Discussion Draft
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[s 358] Part 7 Notices
358 Notice of proposed amendment of licence conditions (1) This section applies if— (a) an authorised officer under the repealed Act has, before the commencement, given written notice, under section 25(2) of the repealed Act, to a licensee of a proposed amendment of the conditions of a licence; and (b) immediately before the commencement, the authorised officer— (i) has not decided whether to make the proposed amendment; or (ii) has decided to make the amendment but has not given written notice of the amendment to the licensee. (2) The notice is taken to be a notice given under section 62 of the new Act and has effect according to its terms.
359 Requirement to give declaration about dealer’s associates (1) This section applies if— (a) an authorised officer under the repealed Act has, before the commencement, by written notice under section 25A of the repealed Act, required a licensed dealer to give a declaration to the authorised officer about the associates of the dealer; and (b) immediately before the commencement, the period within which the dealer was required to comply had not ended. (2) The notice is taken to be a notice given under section 72 of the
Discussion Draft new Act and has effect according to its terms.
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[s 360]
360 Notice of intention to revoke because dealer’s associate not fit and proper (1) This section applies if— (a) an authorised officer under the repealed Act has, before the commencement, given a notice, under section 27B of the repealed Act, to a licensed dealer; and (b) immediately before the commencement, the authorised officer— (i) has not decided whether to revoke the dealer’s licence; or (ii) has decided to revoke the dealer’s licence but has not given written notice of the revocation to the dealer. (2) The notice is taken to be a notice given under section 73 of the new Act and has effect according to its terms.
361 Requirement to mark serial number (1) This section applies if— (a) an authorised officer under the repealed Act has, before the commencement, required the registered owner of a firearm, under section 48A of the repealed Act, to mark a serial number on a firearm; and (b) immediately before the commencement, the period within which the owner was required to comply had not ended. (2) The requirement is taken to have been made under section 154 of the new Act and has effect according to its terms.
362 Requirement to mark serial number in alternative way
Discussion Draft (1) This section applies if— (a) an authorised officer under the repealed Act has, before the commencement, required the registered owner of a
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[s 363]
firearm, under section 48B(3) of the repealed Act, to mark a serial number on a firearm in the way stated in an approval under that section; and (b) immediately before the commencement, the period within which the owner was required to comply had not ended. (2) The requirement is taken to have been made under section 156(5) of the new Act and has effect according to its terms.
363 Notice of proposed amendment of shooting club permit conditions (1) This section applies if— (a) an authorised officer has, before the commencement, given written notice, under section 94 of the repealed Act, to an approved shooting club of a proposed amendment of the conditions applying to a shooting club permit; and (b) immediately before the commencement, the authorised officer— (i) has not decided whether to make the proposed amendment; or (ii) has decided to make the amendment but has not given written notice of the amendment to the shooting club. (2) The notice is taken to be a notice given under section 132 of the new Act and has effect according to its terms.
364 Notice of proposed temporary amendment of shooting club permit conditions (1) Subsection (2) applies if—
Discussion Draft (a) an authorised officer under the repealed Act has, before the commencement, given written notice, under section 95(2) of the repealed Act, to an approved shooting club
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[s 365]
of a proposed temporary amendment of the conditions applying to a shooting club permit; and (b) immediately before the commencement, the authorised officer— (i) has not decided whether to make the proposed amendment; or (ii) has decided to make the amendment but has not given written notice of the amendment to the shooting club. (2) The notice is taken to be a notice given under section 133(2) of the new Act and has effect according to its terms.
365 Notice of proposed amendment of range approval conditions (1) This section applies if— (a) an authorised officer under the repealed Act has, before the commencement, given written notice, under section 104 of the repealed Act, to a range operator of an approved range of a proposed amendment of the conditions applying to the approval; and (b) immediately before the commencement, the authorised officer— (i) has not decided whether to make the proposed amendment; or (ii) has decided to make the amendment but has not given written notice of the amendment to the range operator. (2) The notice is taken to be a notice given under section 132 of the new Act and has effect according to its terms.
Discussion Draft 366 Notice of proposed temporary amendment of range approval conditions (1) Subsection (2) applies if—
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[s 367]
(a) an authorised officer under the repealed Act has, before the commencement, given written notice, under section 105(2) of the repealed Act, to a range operator of an approved range of a proposed temporary amendment of the conditions applying to the approval; and (b) immediately before the commencement, the authorised officer— (i) has not decided whether to make the proposed amendment; or (ii) has decided to make the amendment but has not given written notice of the amendment to the range operator. (2) The notice is taken to be a notice given under section 133(2) of the new Act and has effect according to its terms.
367 Notice of proposed amendment of gallery approval conditions (1) This section applies if— (a) an authorised officer under the repealed Act has, before the commencement, given written notice, under section 113A of the repealed Act, to a gallery operator of an approved gallery of a proposed amendment of the conditions applying to the approval; and (b) immediately before the commencement, the authorised officer— (i) has not decided whether to make the proposed amendment; or (ii) has decided to make the amendment but has not given written notice of the amendment to the gallery operator. (2) The notice is taken to be a notice given under section 132 of
Discussion Draft the new Act and has effect according to its terms.
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[s 368]
368 Notice of proposed temporary amendment of gallery approval conditions (1) Subsection (2) applies if— (a) an authorised officer under the repealed Act has, before the commencement, given written notice, under section 113B(2) of the repealed Act, to a gallery operator of an approved gallery of a proposed temporary amendment of the conditions applying to the approval; and (b) immediately before the commencement, the authorised officer— (i) has not decided whether to make the proposed amendment; or (ii) has decided to make the amendment but has not given written notice of the amendment to the gallery operator. (2) The notice is taken to be a notice given under section 133(2) of the new Act and has effect according to its terms.
369 Show cause notice—participation condition (1) This section applies if— (a) an authorised officer has, before the commencement, given a show cause notice, under section 135 of the repealed Act, in relation to a failure to comply with a participation condition, to a licensee; and (b) immediately before the commencement, the show cause period, under section 135(2)(d) of the repealed Act, for the notice had not ended. (2) The notice is taken to be a notice given under section 83 of the new Act and has effect according to its terms. Discussion Draft 370 Notice to dispose (1) This section applies if—
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[s 371]
(a) an authorised officer has, before the commencement, given a written notice, under section 137 of the repealed Act, requiring a licensee to dispose of a particular category H weapon or class of category H weapon; and (b) immediately before the commencement, the period within which the licensee was required to dispose of the the category H weapon or class of category H weapon had not ended. (2) The notice is taken to be a notice given under section 85 of the new Act and has effect according to its terms.
371 Show cause notice—annual report of approved pistol club (1) This section applies if— (a) an authorised officer has, before the commencement, given a show cause notice, under section 141 of the repealed Act, in relation to a failure to give a report under section 140 of the repealed Act, to an approved pistol club; and (b) immediately before the commencement, the show cause period, under section 141(2)(d) of the repealed Act, for the notice had not ended. (2) The notice is taken to be a notice given under section 135(1)(e) of the new Act and has effect according to its terms.
Part 8 Offences
372 Effect of commencement on proceedings
Discussion Draft (1) This section applies if a person is alleged to have committed an offence against the repealed Act before the commencement.
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[s 373]
(2) Despite the Criminal Code, section 11, proceedings for the offence may be started or continued, and the court may hear and decide the proceedings, as if this Act had not commenced.
373 Effect of commencement on sentencing (1) This section applies to the sentencing of a person convicted of an offence committed against the repealed Act before the commencement even if the conviction happens after the commencement. (2) The repealed Act as in force immediately before the commencement continues to apply to the sentencing. (3) This section does not limit the Acts Interpretation Act 1954, section 20C or the Criminal Code, section 11.
Part 9 Reviews
374 Review not commenced (1) This section applies if— (a) a person is entitled to apply to QCAT for a review of a decision under section 142 of the repealed Act; and (b) the person has not applied for review before the commencement. (2) The person may apply for a review of the decision under section 279 of the new Act as if— (a) a decision refusing an application for the issue of a licence, permit, approval or other authority under the repealed Act as mentioned in section 142(a) of the repealed Act were a decision, under section 33 or 104 of
Discussion Draft the new Act, refusing an application for a licence or permit under the new Act that corresponds, under
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[s 374]
section 333 or 339, to the licence, permit, approval or other authority; and (b) a decision refusing an application for the renewal of a licence, permit, approval or other authority under the repealed Act as mentioned in section 142(a) of the repealed Act were a decision, under section 37 or 107 of the new Act, refusing an application for the renewal of a licence or permit under the new Act that corresponds, under section 333 or 339, to the licence, permit, approval or other authority; and (c) a decision refusing to accept the nomination of a person by an applicant for a shooting club permit as mentioned in section 142(b) of the repealed Act were a decision under section 131 of the new Act to refuse an application to amend a target shooting club permit to change the body’s representative of the club; and (d) a decision refusing to accept a representative notice under section 92 of the repealed Act as mentioned in section 142(c) of the repealed Act were a decision under section 131 of the new Act to refuse an application to amend a target shooting club permit to change the body’s representative of the club; and (e) a decision imposing or amending a condition applying to a licence, permit, approval or other authority under the repealed Act as mentioned in section 142(d) of the repealed Act were a decision under section 62 or 132 of the new Act to amend a licence or permit under the new Act that corresponds, under section 333 or 339, to the licence, permit, approval or other authority; and (f) a decision revoking or suspending a licence, permit, approval or other authority under the repealed Act as mentioned in section 142(e) of the repealed Act were a decision cancelling or suspending a licence or permit
Discussion Draft under the new Act that corresponds, under section 333 or 339, to the licence, permit, approval or other authority.
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[s 375]
375 Review not finally decided (1) This section applies if— (a) a person has applied to QCAT for the review of a decision under section 142 of the repealed Act; and (b) the review has not been finally decided before the commencement. (2) The tribunal must hear, or continue to hear, and decide the application under section 279 of the new Act as if— (a) a decision refusing an application for the issue of a licence, permit, approval or other authority under the repealed Act as mentioned in section 142(a) of the repealed Act were a decision, under section 33 or 104 of the new Act, refusing an application for a licence or permit under the new Act that corresponds, under section 333 or 339, to the licence, permit, approval or other authority; and (b) a decision refusing an application for the renewal of a licence, permit, approval or other authority under the repealed Act as mentioned in section 142(a) of the repealed Act were a decision, under section 37 or 107 of the new Act, refusing an application for the renewal of a licence or permit under the new Act that corresponds, under section 333 or 339, to the licence, permit, approval or other authority; and (c) a decision refusing to accept the nomination of a person by an applicant for a shooting club permit as mentioned in section 142(b) of the repealed Act were a decision under section 131 of the new Act to refuse an application to amend a target shooting club permit to change the body’s representative of the club; and (d) a decision refusing to accept a representative notice
Discussion Draft under section 92 of the repealed Act as mentioned in section 142(c) of the repealed Act were a decision under section 131 of the new Act to refuse an application to
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[s 376]
amend a target shooting club permit to change the body’s representative of the club; and (e) a decision imposing or amending a condition applying to a licence, permit, approval or other authority under the repealed Act as mentioned in section 142(d) of the repealed Act were a decision under section 62 or 132 of the new Act to amend a licence or permit under the new Act that corresponds, under section 333 or 339, to the licence, permit, approval or other authority; and (f) a decision revoking or suspending a licence, permit, approval or other authority under the repealed Act as mentioned in section 142(e) of the repealed Act were a decision cancelling or suspending a licence or permit under the new Act that corresponds, under section 333 or 339, to the licence, permit, approval or other authority.
Part 10 Miscellaneous
376 Firearms register (1) This section applies to the firearms register mentioned in section 49 of the repealed Act. (2) The register may form, or form part of, the weapons register under section 146 of the new Act.
377 Register kept by licensee or holder of permit, approval or other authority (1) This section applies to a register required to be kept by a licensee or holder of a permit, approval or other authority
Discussion Draft under the repealed Act. (2) The register is taken to be the corresponding register required to be kept by the licensee or permit-holder under the new Act.
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[s 378]
378 Register kept by landowner (1) This section applies to a register required to be kept by a landowner under section 168A of the repealed Act. (2) The register is taken to be a register required to be kept by the landowner under section 292 of the new Act.
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.
381 Approved officers A person who, immediately before the commencement, was an approved officer under section 152 the repealed Act is taken to have been appointed as an approved officer under section 282 of the new Act.
382 Authorised officers A person who, immediately before the commencement, was
Discussion Draft an authorised officer under section 153(1)(b) of the repealed Act is taken to have been appointed as an authorised officer under section 283(1)(c) of the new Act.
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[s 383]
383 Authorised officers—antique firearms (1) This section applies if, immediately before the commencement, a person was a specially authorised authorised officer under section 154 of the repealed Act. (2) The person is taken to be a person approved by the commissioner for the purpose of section 9(2)(a) of the new Act.
384 Approved training courses (1) Subsection (2) applies to a training course approved by the commissioner under section 10A(2) of the repealed Act if, immediately before the commencement, the approval is still in force. (2) On the commencement, unless the commissioner withdraws the approval, the training course is taken to be an approved safety training course (general) under the new Act. (3) Subsection (4) applies to a training course approved by the commissioner under section 124(1) of the repealed Act if, immediately before the commencement, the approval is still in force. (4) On the commencement, unless the commissioner withdraws the approval, the training course is taken to be an approved safety training course (security guard) under the new Act.
385 References to repealed Act If the context permits, a reference in another Act or document to the repealed Act may be taken to be a reference to the new Act.
386 Compensation Compensation is not payable by the State because a thing previously permitted under the repealed Act is prohibited or Discussion Draft regulated under the new Act.
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Chapter 12 Amendment of legislation
387 Legislation amended in sch 3 Schedule 3 amends the legislation it mentions.
Chapter 13 Weapons Categories Regulation 2010
388 Making of Weapons Categories Regulation 2010 (1) Schedule 4 has effect to make the Weapons Categories Regulation 2010 that is set out in the schedule as a regulation under this Act. (2) To remove any doubt, it is declared that the Weapons Categories Regulation 2010, on the commencement of schedule 1, stops being a provision of this Act and becomes a regulation made under this Act. (3) The making of the Weapons Categories Regulation 2010 under this section does not affect the power of the Governor in Council to further amend the regulation or to repeal it. Discussion Draft
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Schedule 1 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 Discussion Draft
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Schedule 1
Section Description of decision
Miscellaneous 174 refusal to change safe storage address 244 refusal to register antique handgun 253 refusal to register permanently deactivated category A, B or C weapon 285 refusal to issue statement or certificate required under the Customs (Prohibited Imports) Regulations 1956 (Cwlth) 286(4) refusal to issue statement of eligibility 286(8) decision to cancel statement of eligibility 287 decision to issue exclusion notice Discussion Draft
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Schedule 2 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.
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.
6 Registers Providing for entities to keep registers relating to weapons
Discussion Draft and for the information to be included in the registers.
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Schedule 2
7 Duties of bodies’ representative and governing body members For bodies holding particular permits, providing for the duties of the bodies’ representatives, and members of the governing bodies, of the bodies.
8 Duties of persons engaging in activities conducted by permit holders Providing for the duties of persons engaging in activities conducted by permit holders.
9 Shooting galleries, shooting ranges and shooting venues Providing for— (a) the duties of persons attending, or supervising other persons attending, a shooting gallery, shooting range or shooting venue; or (b) when an unlicensed person may possess and use a weapon at a shooting gallery, shooting range or shooting venue.
10 Approved training course Providing for— (a) the duties of persons attending, or supervising other persons attending, an approved training course; or (b) when an unlicensed person may possess and use a weapon for an approved training course.
11 Functions and powers The discharge of any function or the exercise of any power by any person appointed under this Act. Discussion Draft
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Schedule 2
12 Conditions of licences, permits and exemptions (1) Providing for the conditions of licences, permits and exemptions, including, for example, the consequences of failing to comply with a condition. (2) For subsection (1), the consequences of failing to comply with a condition requiring a particular level of participation in the sport of target shooting may include the surrender of a weapon. Discussion Draft
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Schedule 3 Schedule 3 Legislation amended
section 387
Adoption Act 2009
1 Part 16, division 2, heading, after ‘transitional’— insert— ‘for Act No. 29 of 2009’.
2 After section 346— insert— ‘Division 3 Transitional provision for Weapons Act 2010
‘347 Amendment of regulation by Weapons Act 2010 does not affect powers of Governor in Council ‘The amendment of the Adoption Regulation 2009 by the Weapons Act 2010 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’.
Adoption Regulation 2009
1 Schedule 1, item 18, ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’. Discussion Draft
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Schedule 3
Brisbane Forest Park Act 1977
1 After section 91— insert— ‘Part 8 Transitional provision
‘92 Amendment of by-law by Weapons Act 2010 does not affect powers of Governor in Council ‘The amendment of the Brisbane Forest Park By-law 1999 by the Weapons Act 2010 does not affect the power of the administration authority to further amend the by-law or to repeal it or the power of the Governor in Council to approve the further amendment or repeal.’.
Brisbane Forest Park By-law 1999
1 Schedule 4, definition appliance, paragraph (h), ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
Charitable and Non-Profit Gaming Act 1999
1 After section 199— insert— ‘Division 4 Transitional provision for Weapons
Discussion Draft Act 2010
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Schedule 3
‘200 Amendment of rule by Weapons Act 2010 does not affect powers of Governor in Council ‘The amendment of the Charitable and Non-Profit Gaming Rule 1999 by the Weapons Act 2010 does not affect the power of the Minister to further amend the rule or to repeal it.’.
Charitable and Non-Profit Gaming Rule 1999
1 Section 22(3), definition weapon, ‘Weapons Act 1990, section 5’— omit, insert— ‘Weapons Act 2010, section 6’.
Commission for Children and Young People and Child Guardian Act 2000
1 After section 504— insert— ‘Part 14 Transitional provision for Weapons Act 2010
‘505 Amendment of regulation by Weapons Act 2010 does not affect powers of Governor in Council ‘The amendment of the Commission for Children and Young People and Child Guardian Regulation 2001 by the Weapons Act 2010 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. Discussion Draft
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Schedule 3
Commission for Children and Young People and Child Guardian Regulation 2001
1 Schedule 2, dot point 7, ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
Corrective Services Act 2006
1 Chapter 7A, after section 490— insert— ‘Part 5 Transitional provision for Weapons Act 2010
‘490A Amendment of regulation by Weapons Act 2010 does not affect powers of Governor in Council ‘The amendment of the Corrective Services Regulation 2006 by the Weapons Act 2010 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’.
Corrective Services Regulation 2006
1 Section 20(a)— omit, insert— ‘(a) a weapon, or imitation of a weapon, under the Weapons
Discussion Draft Act 2010; ‘(ab) a regulated item under the Weapons Act 2010;’.
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Schedule 3
Criminal Code
1 Section 359E(3)(b), ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
Criminal Organisation Act 2009
1 Sections 19(2)(c)(i), 21(5)(c)(i) and (ii), and schedule 2, definition prescribed activity, paragraph (d), ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
2 Schedule 2, definition weapon— omit, insert— ‘weapon see the Weapons Act 2010, section 6.’.
Criminal Proceeds Confiscation Act 2002
1 Schedule 2, part 2, item 10, after ‘1990’— insert— ‘or Weapons Act 2010’. Discussion Draft
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Schedule 3
Domestic and Family Violence Protection Act 1989
1 Section 5(2), ‘Weapons Act, section 29B’— omit, insert— ‘Weapons Act, section 94’.
2 Section 23— omit, insert— ‘23 Weapons Act to apply to respondent otherwise exempt ‘(1) This section applies to a person to whom, under the Weapons Act, chapter 1, part 4, that Act does not apply when the person— (a) possesses or uses a weapon as part of the person performing functions as mentioned in the Weapons Act, section 15(1)(d) or (e); or (b) is engaged in the transport under consignment of merchandise for a licensed dealer or the defence force or an authority of the Commonwealth or a State as mentioned in the Weapons Act, section 15(1)(j); or (c) is engaged in scientific or experimental work with a weapon under an authority granted by the Minister as mentioned in the Weapons Act, section 15(1)(k); or (d) is an employee of a government service entity within the meaning of the Weapons Act, section 17, and the person’s acquisition, possession or use of a weapon is part of performing functions as mentioned in the Weapons Act, section17(1); or (e) is actually engaged in the manufacture, assembly, handling, transport or warehousing of a weapon for a prescribed entity, as mentioned in the Weapons Act, section 18(1); or (f) is a person to whom the commissioner of the police Discussion Draft service granted an exemption from the Weapons Act or
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a provision of the Weapons Act as mentioned in the Weapons Act, section 19. ‘(2) If the person is named as the respondent in a domestic violence order, the Weapons Act applies to the person for the duration of the order despite the Weapons Act, chapter 1, part 4. ‘(3) Despite subsection (2), if the respondent is not present in court when the court makes the domestic violence order, the respondent can not be convicted of an offence under the Weapons Act, because of the operation of subsection (2), for an act or omission that happened before a copy of the domestic violence order is served on the respondent. ‘(4) In this section— defence force means the defence force under the Defence Act 1903 (Cwlth). prescribed entity means— (a) the defence force; or (b) the armed forces of any government associated with the defence force; or (c) an authority of the Commonwealth or a State.’.
3 Section 24(2)(b), ‘section 2’— omit, insert— ‘chapter 1, part 4’.
4 Section 26(3), ‘Weapons Act 1990’— omit, insert— ‘Weapons Act’.
5 Section 50(1)(a)(ii)—
Discussion Draft omit, insert—
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‘(ii) if the respondent has a weapons licence, or is a body’s representative (within the meaning of the Weapons Act) of a body holding a weapons licence, the respondent is dealt with under the Weapons Act, section 91 or 92;’.
6 Schedule, definition Weapons Act, ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
Electricity Act 1994
1 Schedule 5, definition weapon— omit, insert— ‘weapon see the Weapons Act 2010, section 6.’.
Explosives Act 1999
1 Section 7— insert— ‘(4) In this section— government entity includes— (a) an employee or a member of a government entity acting in that capacity; and (b) a government entity of another State that is carrying out official functions in Queensland.’. Discussion Draft
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2 Section 38(2)(c), ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
3 Part 11, heading— omit, insert— ‘Part 11 Other transitional provisions
‘Division 1 Transitional provision for Mining and Other Legislation Amendment Act 2007’.
4 Part 11, after section 144— insert— ‘Division 2 Transitional provision for Weapons Act 2010
‘145 Amendment of regulation by Weapons Act 2010 does not affect powers of Governor in Council ‘The amendment of the Explosives Regulation 2003 by the Weapons Act 2010 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’.
Explosives Regulation 2003
1 Section 8— omit, insert— ‘8 Exempt government entities—Act, s 7 Discussion Draft ‘(1) For section 7 of the Act, the following are exempt from part 4, divisions 2, 7 and 8 of the Act—
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(a) the Queensland Police Service; (b) a member of the Queensland Police Service who is performing official functions in Queensland for the Queensland Police Service; (c) a member of the Queensland Police Service while the person is not on duty as a member of the police service in relation to that person’s possession, use, storage or transport of explosives, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession, use, storage and transport of explosives; (d) an officer of another State’s police service who is performing official functions in Queensland for the Queensland Police Service. ‘(2) An inspector is exempt from part 4, divisions 2 and 6 to 8 of the Act. ‘(3) However, the exemptions in subsections (1)(b) and (d) and (2) do not apply to a person who is not acting in the course of the person’s official functions. ‘(4) In this section— member of the Queensland Police Service means each of the following— (a) a police officer; (b) a special constable; (c) a trainee member of the Queensland Police Service; (d) any other member of the Queensland Police Service authorised by the commissioner for the purpose of this paragraph.’. Discussion Draft
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2 Sections 39(3)(k), 44(1)(g), 45(2)(c), 75(b)(ii), 75(c), 78B(3)(b)(ii), 78B(7), 78C(4)(a), 78C(7), 86(1)(c) and 120(1)(b) and (g) and schedule 4, items 1 and 9,‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
3 Section 74(e), from ‘licensed’ to ‘1990’— omit, insert— ‘licensed dealer under the Weapons Act 2010’.
Fossicking Act 1994
1 Section 8(4) and 91(5), ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
Judicial Review Act 1991
1 Schedule 2, section 5A— omit, insert— ‘5A Particular decisions under the Weapons Act 2010 ‘Decisions relating to whether a person is or is not a fit and proper person for any purpose under the Weapons Act 2010 if the decision is made on the basis of criminal intelligence or other information of a type mentioned in section 45(2)(e), 48(2)(c), 115(2)(e) or 118(2)(c) of that Act.’. Discussion Draft
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Mutual Recognition (Queensland) Act 1992
1 Schedule, item 4 of schedule 2, ‘Weapons Act 1991’— omit, insert— ‘Firearms Act 1996’.
Nature Conservation Act 1992
1 Part 12, after section 186— insert— ‘Division 4 Transitional provision for Weapons Act 2010
‘187 Amendment of regulations by Weapons Act 2010 does not affect powers of Governor in Council ‘The amendment of the Nature Conservation (Protected Areas Management) Regulation 2006 or the Nature Conservation (Wildlife Management) Regulation 2006 by the Weapons Act 2010 does not affect the power of the Governor in Council to further amend the regulations or to repeal them.’.
2 Schedule, definition appliance, paragraph (a), ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’. Discussion Draft
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Nature Conservation (Protected Areas Management) Regulation 2006
1 Schedule 9, definition weapon— omit, insert— ‘weapon see the Weapons Act 2010, section 6.’.
Nature Conservation (Wildlife Management) Regulation 2006
1 Schedule 4, definition weapon— omit, insert— ‘weapon see the Weapons Act 2010, section 6.’.
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’. Discussion Draft
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3 Sections 610(1) and 715(b), ‘Weapons Act 1990, section 29B’— omit, insert— ‘Weapons Act 2010, section 94’.
4 Schedule 2, after section 6— insert— ‘6A Weapons Act 2010 ‘An offence against the following provisions of the Weapons Act 2010— • section 198(1) (Unlawful supply of weapon), if paragraph (c)(iii) of the penalty applies • section 206(2) (Armourer must be licensed), to the extent it relates to a category A, B or M weapon, or an uncategorised firearm’.
5 Schedule 3, after section 11— insert— ‘11A Weapons Act 2010 ‘An offence against the following provisions of the Weapons Act 2010— • section 72(2) (Requirement to give information about associate) • section 85(3), (4) or (5) (Notice to dispose) • section 165(1) (Secure storage facilities at safe storage address) • section 166(1) (Container in locked room) • section 167(1) or (3) (Vehicle) • section 168(2) (Prescribed licensees)
Discussion Draft • section 169(2) (Multiple weapons) • section 172(2), (3), (5) or (7) (Interstate licensees in Queensland)
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• section 178(1) (Unlawful possession of weapon prohibited) if the penalty in paragraph (a)(iii)(C) or (b)(iii)(C) applies • section 180(2) or (3) (Possession by licensee of unregistered firearm, prescribed part or conversion unit prohibited) • section 183(1) (Shortening firearm) • section 184(1) or (2) (Modifying construction or action of firearm) • section 185(1) (Altering serial number or other identify mark of weapon) • section 187(1) or (2) (Discharge of weapon on private land without consent prohibited) • section 188(1), (2) or (3) (Particular conduct involving weapon in public place prohibited) • section 189 (Dangerous conduct with weapon prohibited) • section 190(1) (Possession of weapon under the influence of liquor or drug prohibited) • section 193(1) or (2) (Acquisition of weapon) • section 194(2) (Obligations if acquisition of weapon under another lawful authority, justification or excuse) • section 195(1) (Sale or other disposal of weapon) • section 196(2) (Obligations if sale or disposal of weapon under another lawful authority, justification or excuse) • section 197 (Acquisition of weapon by deceit) • section 201(1) (Dispatch of weapon) • section 202 (Contravention of licence condition) • section 204(1) (Issue etc. of licence or permit) Discussion Draft • section 205 (Unlawful possession of licence or permit) • section 206(1) or (2) (Armourer must be licensed)
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• section 209 (Collector must be licensed) • section 210(1) (Collector must not discharge or operate weapon) • section 211(1) (Dealer must be licensed) • section 213 (Licensed dealer must obtain prescribed information) • section 271(1) (Possession of restricted article limited) • section 303(2) (Protection of informer).’.
6 Schedule 5, part 1, after section 3— insert— ‘3A Weapons Act 2010 ‘An offence against the following provisions of the Weapons Act 2010— • section 178(1) (Unlawful possession of weapon prohibited) if the penalty in paragraph (a)(iii)(B) or (C) or (b)(iii)(B) or (C) applies • section 183(1) (Shortening firearm) • section 184(1) or (2) (Modifying construction or action of firearm)’.
7 Schedule 5, part 2, after section 10— insert— ‘10A Weapons Act 2010 ‘An offence against the following provisions of the Weapons Act 2010— • section 193(1) or (2) (Acquisition of weapon) • section 194(2) (Obligations if acquisition of weapon under another lawful authority, justification or excuse)
Discussion Draft • section 195(1) (Sale or other disposal of weapon)
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• section 196(2) (Obligations if sale or disposal of weapon under another lawful authority, justification or excuse) • section 197 (Acquisition of weapon by deceit) • section 201(1) (Dispatch of weapon).’.
8 Schedule 6, definition antique firearm— omit, insert— ‘antique firearm— (a) in relation to the Weapons Act 1990—see the Weapons Act 1990, schedule 2; or (b) in relation to the Weapons Act 2010—see the Weapons Act 2010, section 9.’.
9 Schedule 6, definition weapon— omit, insert— ‘weapon— (a) for chapter 21, part 3—includes an antique firearm, a restricted item and a restricted article; and (b) in relation to the Weapons Act 1990—see the Weapons Act 1990, schedule 2; and (c) otherwise—see the Weapons Act 2010, section 6.’.
10 Schedule 6— insert— ‘restricted article see the Weapons Act 2010, section 270’.
11 Schedule 6, definition identifying particulars offence, paragraph (b), after ‘Weapons Act 1990’—
Discussion Draft insert— ‘• Weapons Act 2010; or’.
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12 Schedule 6, definitions serious indictable offence, paragraph (l), and photo licence, after ‘Weapons Act 1990’— insert— ‘or the Weapons Act 2010’.
13 Chapter 24, after section 865— insert— ‘Part 11 Transitional provision for Weapons Act 2010
‘866 Amendment of regulation by Weapons Act 2010 does not affect powers of Governor in Council ‘The amendment of the Police Powers and Responsibilities Regulation 2000 by the Weapons Act 2010 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’.
Police Powers and Responsibilities Regulation 2000
1 Schedule 2, entry for Weapons Act 1990— omit, insert— ‘Weapons Act 2010, but only in relation to a place used for 1 of the following purposes under a licence or permit under that Act— (a) armourer; (b) collector; (c) dealer;
Discussion Draft (d) security guard; (e) security organisation;
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(f) theatrical ordnance supplier; (g) approved target shooting club; (h) approved gallery; (i) approved range; (j) approved venue.’.
Queensland Civil and Administrative Tribunal Act 2009
1 After section 280— insert— ‘Chapter 9 Transitional provision for Weapons Act 2010
‘281 Amendment of regulation by Weapons Act 2010 does not affect powers of Governor in Council ‘The amendment of the Queensland Civil and Administrative Tribunal Regulation 2009 by the Weapons Act 2010 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’.
Queensland Civil and Administrative Tribunal Regulation 2009
1 Schedule 1, part 3, entry for Weapons Act 1990— omit, insert— Discussion Draft ‘Weapons Act 2010’.
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Recreation Areas Management Act 2006
1 Section 130(4), definition weapon— omit, insert— ‘weapon see the Weapons Act 2010, section 6.’.
Second-hand Dealers and Pawnbrokers Act 2003
1 Section 6(2)(c), ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
Security Providers Act 1993
1 Schedule 2, definition disqualifying offence, paragraph (a)(i), after ‘Weapons Act 1990’— insert— ‘or the Weapons Act 2010’.
2 Schedule 2, definition unarmed category, paragraph (b), ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’. Discussion Draft
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State Buildings Protective Security Act 1983
1 Section 3, definition firearm, ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
Statutory Instruments Act 1992
1 Schedule 2A, ‘Weapons Categories Regulation 1997’— omit, insert— ‘Weapons Categories Regulation 2010’.
Supreme Court of Queensland Act 1991
1 After section 139— insert— ‘140 Amendment of rules by Weapons Act 2010 does not affect powers of Governor in Council ‘The amendment of the Criminal Practice Rules 1999 by the Weapons Act 2010 does not affect the power of the Governor in Council to further amend the rules or to repeal them.’. Discussion Draft
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Tow Truck Act 1973
1 Section 4C(1)(i), ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
2 Section 21(1), example 1, ‘Weapons Act 1990’— omit, insert— ‘Weapons Act 2010’.
3 Schedule 2, definition criminal history, paragraph (b)(iii), after ‘Weapons Act 1990’— insert— ‘or the Weapons Act 2010’.
Transport Operations (Passenger Transport) Act 1994
1 Section 129D(2)— omit, insert— ‘(2) The Weapons Act 2010, sections 271(1) and 273(1)(a) do not apply to a transit officer who possesses or wears handcuffs for exercising a power under this part. Note— See also the Weapons Act 2010, section 273(1)(b).’.
2 After section 187— insert— Discussion Draft
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Schedule 3 ‘Part 10 Transitional provision for Weapons Act 2010
‘188 Amendment of standard by Weapons Act 2010 does not affect powers of Governor in Council ‘The amendment of the Transport Operations (Passenger Transport) Standard 2000 by the Weapons Act 2010 does not affect the power of the chief executive to further amend the standard or to repeal it or the power of the Governor in Council to approve the further amendment or repeal.’.
3 Schedule 1A, part 2, after entry for Weapons Act 1990— insert—
‘Weapons Act 2010 section 199 (Unlawful trafficking in weapons or explosives)’.
4 Schedule 3, definitions category C driver disqualifying offence and disqualifying offence, after ‘Weapons Act 1990’— insert— ‘or the Weapons Act 2010’.
Transport Operations (Passenger Transport) Standard 2000
1 Section 4(3), definition weapon, ‘Weapons Act 1990’— omit, insert—
Discussion Draft ‘Weapons Act 2010’.
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Youth Justice Act 1992
1 Section 25(1), dot point 6, and section 255(1)(f), after ‘Weapons Act 1990’— insert— ‘or the Weapons Act 2010’. Discussion Draft
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section 388
Part 1 Preliminary
1 Short title This regulation may be cited as the Weapons Categories Regulation 2010.
2 Purpose—Act, sections 6(1)(b) and 7 and sch 5, definition class The purpose of this regulation is to— (a) prescribe, for section 7(1) of the Act, the categories of weapons; and (b) prescribe, for section 6(1)(b) of the Act, things that are within a category of weapon; and (c) prescribe, for section 7(2) of the Act, particular firearms to be within a category of weapon; and (d) prescribe, for schedule 5 of the Act, definition class, the classes of category H weapons.
Part 2 Categories of weapons
3 Prescribed categories of weapons Discussion Draft The categories of weapons are as follows— (a) category A weapons;
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(b) category B weapons; (c) category C weapons; (d) category D weapons; (e) category E weapons; (f) category H weapons; (g) category M weapons; (h) category R weapons.
4 Category A weapons (1) Each of the following is a category A weapon— (a) each of the following that is at least 75cm in length— (i) an airgun; (ii) an air rifle; (iii) a blank-fire firearm; (iv) a single or double barrel shotgun; (v) a rim-fire rifle (other than a self-loading rim-fire rifle); (vi) a paint-pellet gun; (b) a powerhead; (c) a miniature cannon less than 120cm in length that is a black powder and muzzle-loading cannon, depicting a scale model of a historical artillery piece or naval gun. (2) However, subsection (1) does not apply if the weapon is permanently deactivated. Note— A permanently deactivated category A, B or C weapon is a regulated item—see 240(b) of the Act. (3) A major component part of a weapon mentioned in subsection (1) is a category A weapon. Discussion Draft (4) A conversion unit is a category A weapon.
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(5) In this section— conversion unit means a barrel, device or unit that can be fitted to a category A weapon and is designed to convert the weapon from one calibre to another calibre.
5 Category B weapons (1) Each of the following, that is at least 75cm in length, is a category B weapon— (a) a muzzle-loading firearm, including, for example, a device known as a ‘spudgun’ or ‘spudzooka’; (b) a single shot centre-fire rifle; (c) a double barrel centre-fire rifle; (d) a repeating centre-fire rifle; Note— A repeating centre-fire rifle may use a bolt, lever or pump action. (e) a break action shotgun and rifle combination. (2) However, subsection (1) does not apply if the weapon is permanently deactivated. Note— A permanently deactivated category A, B or C weapon is a regulated item—see 240(b) of the Act. (3) A major component part of a weapon mentioned in subsection (1) is a category B weapon. (4) A conversion unit is a category B weapon. (5) In this section— conversion unit means a barrel, device or unit that can be fitted to a category B weapon and is designed to convert the weapon from one calibre to another calibre.
Discussion Draft 6 Category C weapons (1) Each of the following, that is at least 75cm in length, is a category C weapon—
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(a) a self-loading rim-fire rifle with a magazine capacity of not more than 10 rounds; (b) a self-loading shotgun with a magazine capacity of not more than 5 rounds; (c) a pump action shotgun with a magazine capacity of not more than 5 rounds. (2) However, subsection (1) does not apply if the weapon is permanently deactivated. Note— A permanently deactivated category A, B or C weapon is a regulated item—see 240(b) of the Act. (3) A major component part of a weapon mentioned in subsection (1) is a category C weapon.
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. Discussion Draft
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8 Category E weapons (1) Each of the following is a category E weapon— (a) body armour; (b) a bulletproof vest; (c) a protective body vest. (2) In this section— body armour— (a) means an article designed for anti-ballistic purposes that is designed to be worn on a part of the body; and (b) does not include a helmet, or other article, designed for sight or hearing protection.
9 Category H weapons (1) A firearm that is less than 75cm in length is a category H weapon. (2) Subsection (1) does not apply to— (a) a powerhead; or Note— A powerhead of any length is a category A weapon. (b) a category D or R weapon. (3) Subsection (1) applies even if the firearm is permanently deactivated. (4) A major component part of a firearm to which subsection (1) applies is a category H weapon. (5) A conversion unit is a category H weapon. (6) An imitation of a firearm to which subsection (1) applies is a category H weapon. (7) To remove any doubt, it is declared that a category A, B or C weapon to which section 4(1)(a), 5(1) or 6(1) applies that is
Discussion Draft shortened or modified to less than 75cm in length is a category H weapon.
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(8) In this section— conversion unit means a barrel, device or unit that can be fitted to a category H weapon and is designed to convert the weapon from one calibre to another calibre.
10 Category H weapon classes For schedule 5 of the Act, definition class, each of the following is a class of category H weapons— (a) an air pistol; (b) a centre-fire pistol with a calibre of .38 inch or less, or a black powder pistol; (c) a centre-fire pistol with a calibre of more than .38 inch but not more than .45 inch; (d) a rim-fire pistol.
11 Category M weapons (1) Each of the following is a category M weapon— (a) a crossbow designed to be discharged by the use of 2 hands that, when discharged, is capable of causing bodily harm or damage to property; (b) a crossbow designed to be discharged by the use of 1 hand (that is not a toy crossbow) that, when discharged, is capable of causing bodily harm or damage to property; (c) a ballistic knife that propels or releases a knife-like blade of any material by any means other than an explosive; (d) a butterfly knife, a knife known as a ‘balisong’, a pantographic knife, or a similar device that consists of a single-edged or multi-edged blade or spike that fits within 2 handles attached to the blade or spike by transverse pivot pins or pantographic linkage and is Discussion Draft capable of being opened by gravity or centrifugal force;
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(e) a flick knife, or a similar device of any material that has a blade folded or recessed into the handle that opens automatically by gravity or centrifugal force or if pressure is applied to a button, spring or device in or attached to the handle of the device; (f) a push knife, or a similar device designed as a weapon that consists of a single-edged or multi-edged blade or spike and allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action; (g) a sheath knife, or a similar device of any material that has a sheath which withdraws into its handle by gravity or centrifugal force or if pressure is applied to a button, spring or device attached to or forming part of the sheath, handle or blade of the device; (h) a star knife, or a similar device that consists of more than 1 angular point, blade or spike, of any material, disposed outwardly about a central axis point and that are designed to spin around the central axis point in flight when thrown at a target; (i) a trench knife, or a similar device that consists of a single-edged or multi-edged blade or spike of any material that is fitted with a handle made of any hard substance that is designed to be fitted over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or blow; (j) a braced slingshot, or a similar article that is designed for use with, or a component of which is, a brace that fits or rests on a person’s forearm or another part of the person’s body to support the person’s wrist against the tension of elastic material used to propel a projectile from the device; Example—
Discussion Draft a Saunders ‘Falcon’ hunting sling (k) an article that consists of claws that are designed to be attached to or worn on the hands or feet;
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Examples— ninja claws, ninja hand claws, ninja foot claws (l) a knuckleduster, or a similar article that is designed to be fitted over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or blow; (m) a device known as a ‘manrikiguisari’ or ‘kusari’, that consists of a length of rope, cord, wire or chain fastened at each end to a geometrically shaped weight or handgrip, designed to be used as a weapon; (n) a studded glove, or a similar article (including a fingerless glove) that has a number of raised studs or spikes made of a hard substance and positioned over the back of the article, designed to be used as a weapon; (o) a weighted glove, or a similar article (including a fingerless glove), designed to be used as a weapon; (p) a shark dart, or a similar device that is designed to expel, on or after contact, any gas or other substance capable of causing bodily harm; (q) a dart projector known as a ‘Darchery dartslinger’, or a similar device that is designed to project a dart by means of an elasticised band; (r) a flail, or a similar article, that consists of a staff or handle that has fitted to 1 end, by any means, a freely swinging striking part that is weighted, armed with spikes or studded with any protruding matter; (s) a mace, or a similar article capable of causing bodily harm that consists of a club or staff fitted with a flanged or spiked or weighted head, other than a ceremonial mace made for and used solely as a symbol of authority on ceremonial occasions; (t) a blackjack, cosh, leather billy club, or similar article loaded with lead shot or other material, that is designed to be used as a flexible bludgeon;
Discussion Draft (u) any device, not a toy, designed as a telescopic baton, the extension of which is actuated by the operation of a mechanical trigger;
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(v) a riding crop that contains, conceals or disguises a knife, stiletto or any other single-edged or multi-edged blade or spike of any length or of any material; (w) a walking stick or cane that contains, conceals or disguises a sword or any other single-edged or multi-edged blade, knife or spike of any length or of any material; (x) an incendiary or inflammable device, primarily designed for vegetation management, that contains any substance capable of causing bodily harm or damage to property; (y) either of the following that is primarily designed for the control of native or feral animals— (i) a gas or substance (other than a gas or substance lawfully authorised to be discharged by a predicide ejector) of a corrosive, noxious or irritant nature or that is capable of causing bodily harm; (ii) a device (other than a predicide ejector) capable of discharging the gas or substance mentioned in subparagraph (i); (z) any clothing, apparel, accessory or other thing designed to disguise any cutting or piercing instrument capable of causing bodily harm. Examples— a bowen knife belt, a credit card knife (2) Subsection (1) applies to a weapon mentioned in the subsection even if the weapon is inert.
12 Category R weapons (1) Each of the following is a category R weapon— (a) a firearm designed to operate with a fully automatic or burst-fire action regardless of the length of the firearm;
Discussion Draft (b) a unit or device that is capable of being used for converting a firearm to a weapon mentioned in paragraph (a);
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(c) a firearm capable of firing .50 calibre BMG cartridge ammunition; (d) either of the following that is primarily designed for antipersonnel use— (i) a gas or substance of a corrosive, noxious or irritant nature, or that is capable of causing bodily harm; (ii) a device capable of discharging the gas or substance mentioned in subparagraph (i); (e) a portable acoustic antipersonnel device that is designed to cause permanent or temporary incapacity or disability to persons, or to otherwise physically disorientate persons; (f) an electrical antipersonnel device (other than a cattle prod that may be lawfully used on animals) that is designed to administer an electric shock on contact of an intensity that is capable of causing temporary incapacitation or bodily harm; (g) a hand grenade (other than an inert hand grenade) or antipersonnel mine; (h) a silencer or other device designed to reduce the sound caused by discharging a firearm; (i) a rocket launcher, recoilless rifle, antitank rifle, bazooka or rocket-propelled grenade-type launcher; (j) a mortar; (k) artillery; (l) an incendiary or inflammable device (other than a device mentioned in section 11(1)(x)) that contains any substance capable of causing bodily harm or damage to property. (2) Subsection (1) applies to— (a) a firearm mentioned in the subsection even if the firearm
Discussion Draft is permanently deactivated; and
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(b) any other thing mentioned in the subsection even if the thing is inert. (3) A major component part of a weapon mentioned in subsection (1) is a category R weapon. (4) An imitation of a weapon mentioned in subsection (1) is a category R weapon. (5) A thing mentioned in subsection (1)(a), (c), (i), (j) or (k) is not a category R weapon if it is a public monument.
Part 3 Repeal provision
13 Repeal The Weapons Categories Regulation 1997 is repealed. Discussion Draft
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section 5
acquire, a weapon or regulated item, means purchase, accept, receive or otherwise take possession of the weapon or regulated item. adjustable stock see section 261. ammunition see the Explosives Act 1999, schedule 2. antique firearm see section 9. antique handgun see section 241. applicable participation condition, for chapter 2, part 9, see section 81. applicant— (a) for chapter 2, part 3, division 2—see section 42; or (b) for chapter 3, part 3, division 2—see section 112. appropriate person— (a) to hold a permit—means an appropriate person under section 122; or (b) to be the representative of a body holding a permit—means an appropriate person under section 122; or (c) to be a member of the governing body of a body holding a permit—means an appropriate person under section 122. approved arms fair means an arms fair for which an arms fair permit, in force at the material time, has been issued. approved form see section 324. approved gallery means a shooting gallery for which a
Discussion Draft shooting gallery permit, in force at the material time, has been issued.
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approved historical society means the body in whose name an historical society permit, in force at the material time, has been issued. approved officer see section 282. approved range means a shooting range for which a shooting range permit, in force at the material time, has been issued. approved recreational shooting club means the body in whose name a recreational shooting club permit, in force at the material time, has been issued. approved safety training course (general) means a course, prescribed under a regulation, about the safe use, storage and maintenance of a weapon authorised to be possessed under a licence other than a security licence (guard). approved safety training course (security guard) means a course, prescribed under a regulation, about the safe use, storage and maintenance of— (a) a weapon authorised to be possessed under a security licence (guard); or (b) a restricted article. approved target shooting club means the body in whose name a target shooting club permit, in force at the material time, has been issued. approved training course means— (a) an approved safety training course (general); or (b) an approved safety training course (security guard). approved training provider means the adult or body in whose name a training provider permit, in force at the material time, has been issued. approved venue means a shooting venue for which a shooting venue permit, in force at the material time, has been issued. approved weapons club means the body in whose name a weapons club permit, in force at the material time, has been Discussion Draft issued.
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armourer means an entity that manufactures, modifies, stores or repairs weapons in the course of business. armourer’s licence see section 20(a). arms fair means an event— (a) that involves the temporary display of weapons for the purpose of exhibition or sale; and (b) to which the public has access. arms fair permit see section 96(b). associate— (a) of a prescribed licensee or an applicant for a prescribed licence— (i) means a person who— (A) holds or will hold a relevant financial interest in the business conducted or proposed to be conducted under the licence; or (B) is or may be entitled to exercise a relevant power, whether in the person’s own right or for someone else, in the business conducted or proposed to be conducted under the licence; or (C) holds or will hold a relevant position, whether in the person’s own right or for someone else, in the business conducted or proposed to be conducted under the licence; and (ii) does not include a financial institution; or (b) of a prescribed permit holder or an applicant for a prescribed permit— (i) means a person who— (A) holds or will hold a relevant financial interest in the activity conducted or proposed to be
Discussion Draft conducted under the permit; or
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(B) is or may be entitled to exercise a relevant power, whether in the person’s own right or for someone else, in the activity conducted or proposed to be conducted under the permit; or (C) holds or will hold a relevant position, whether in the person’s own right or for someone else, in the activity conducted or proposed to be conducted under the permit; and (ii) does not include a financial institution. authorised mental health service means a health service declared under the Mental Health Act 2000, section 495 to be an authorised mental health service for that Act. authorised officer see section 283. blank-fire firearm means a firearm, or an imitation of a firearm, that is designed to emit noise or smoke but is permanently incapable of discharging a projectile. Note— A firearm that is temporarily incapable of discharging a projectile while it is equipped with an adaptor is not a blank-fire firearm. blank-fire firearms licence see section 20(b). blowgun or blowpipe means a device that consists of a pipe or tube through which a projectile in the form of a dart is capable of being projected by the exhaled breath of the user of the device or by any other means other than an explosive, and that is designed for that purpose. body includes— (a) a corporation; and (b) an unincorporated body. body’s representative—
Discussion Draft (a) in relation to a body applying for the issue, renewal or amendment of a licence or permit—means the individual authorised to make the application on the
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body’s behalf and who is to be stated on the licence or permit as the body’s representative; or (b) in relation to a body holding a licence or permit—means the individual stated on the licence or permit as the body’s representative; or (c) in relation to a body applying for registration of a regulated item under section 244 or 253—means the individual authorised to make the application on the body’s behalf. brokerage fee see section 193(3). cancel, in relation to a licence or permit, includes revoke. cancellation notice— (a) in relation to a licence—see section 66; or (b) in relation to a permit—see section 136. captive bolt humane killer means a device that— (a) has a firing pin and discharges a projectile known as a captive bolt; and (b) is designed for use in an abattoir for the killing of livestock. category A weapon see the Weapons Categories Regulation 2010, section 4. category B weapon see the Weapons Categories Regulation 2010, section 5. category C shotgun means a shotgun mentioned in the Weapons Categories Regulation 2010, section 6(1)(b) or (c). category C weapon see the Weapons Categories Regulation 2010, section 6. category D weapon see the Weapons Categories Regulation 2010, section 7. category E weapon see the Weapons Categories Regulation
Discussion Draft 2010, section 8. category H weapon see the Weapons Categories Regulation 2010, section 9.
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category M braced slingshot means a slingshot mentioned in the Weapons Categories Regulation 2010, section 11(1)(j). category M crossbow means a crossbow mentioned in the Weapons Categories Regulation 2010, section 11(1)(a). category M pistol crossbow means a crossbow mentioned in the Weapons Categories Regulation 2010, section 11(1)(b). category M weapon see the Weapons Categories Regulation 2010, section 11. category of weapon see section 7. category R weapon see the Weapons Categories Regulation 2010, section 12. class, in relation to a category H weapon, means a class of category H weapons stated in a regulation. Note— See the Weapons Categories Regulation 2010, section 10. collection, preservation or study of weapons means the collection, preservation or study of weapons that involves the physical possession of weapons. collector means an entity that collects or holds out as being ready to collect, whether for the entity or another entity, a weapon or weapons. collector’s licence see section 20(c). commencement, for chapter 11, see section 328. commissioned officer see the Police Service Administration Act 1990, section 1.4. commissioner means the commissioner of the Queensland Police Service under the Police Service Administration Act 1990. Commonwealth range means a place authorised under a Commonwealth Act or other Commonwealth law to be used for the sport of target shooting. Discussion Draft concealable firearms licence see section 20(d). contact details, of a person, means—
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(a) the person’s name; and (b) the person’s address; and (c) the person’s licence number (if any) or the person’s driver licence number (if any). conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded. criminal history, of a person, means the convictions, including spent convictions, of the person for offences in Queensland or elsewhere and whether before or after the commencement of this definition. criminal intelligence, in relation to a person, means any information about the person’s connection with or involvement in criminal activity. crossbow means a crossbow other than a category M crossbow or a category M pistol crossbow. dealer means an entity, other than an armourer or theatrical ordnance supplier, that— (a) carries on the business, whether or not for reward or benefit, of acquiring, selling or otherwise disposing of weapons in any way; or (b) for trade or business, displays a weapon for sale or possesses a weapon for sale. dealer’s licence see section 20(e). defence force means the defence force under the Defence Act 1903 (Cwlth). deputy commissioner means a deputy commissioner of the Queensland Police Service under the Police Service Administration Act 1990. designed, for a particular purpose or use, includes constructed, adapted or modified for the purpose or use. detachable magazine, for chapter 7, part 6, see section 264.
Discussion Draft discharge—
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(a) a weapon or other thing, includes fire the weapon or other thing; or (b) a laser, for chapter 6, part 3, see section 186. 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 domestic violence order— (a) means a domestic violence order under the Domestic and Family Violence Protection Act 1989; and (b) includes an interstate domestic violence order. employ, a person, includes engage the person as an agent or contractor, whether or not for reward or benefit. employed security guard means a person who— (a) holds a licence for carrying out the functions of a security officer under the Security Providers Act 1993; and (b) is employed by a licensed security organisation. employee— (a) generally—includes an agent or a contractor, whether or not acting for reward or benefit; or (b) for chapter 6, part 6, division 5—see section 216. excluded person—
Discussion Draft (a) means a person—
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(i) who has been convicted in Queensland or elsewhere of— (A) murder or manslaughter; or (B) armed robbery; or (C) unlawful wounding; or (D) grievous bodily harm; or (E) an offence involving drugs, weapons or violence that is punishable by at least 7 years imprisonment; or (ii) who, in the 5 year period immediately before the relevant date, has been— (A) convicted in Queensland or elsewhere of a prescribed offence; or (B) unconditionally released from custody in Queensland or elsewhere after being sentenced to imprisonment for a prescribed offence; or (C) unconditionally discharged in Queensland or elsewhere after being given a suspended sentence for a prescribed offence; or (iii) who, in the 5 year period immediately before the relevant date, has been named as the respondent in a protection order; or (iv) who, in the 5 year period immediately before the relevant date, was detained under the Mental Health Act 2000, chapter 2, part 4 or a similar law of another State; or (v) who has been refused a licence, or whose licence has been cancelled, in the 5 year period immediately before the relevant date, because the person is not, or is no longer, a fit and proper person to hold the licence; or Discussion Draft (vi) who is named as a respondent in a current temporary protection order; or
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(vii) who is prevented by an order, other than a domestic violence order, of a Queensland court or another court including a court outside Australia, from possessing a weapon or holding a licence (or an authority corresponding to a licence) unless the order permits the person to possess or use a weapon under supervision; or (viii)whose licence is suspended; or (ix) who is named in a current exclusion notice; and (b) does not include a person who holds a current statement of eligibility. exclusion notice see section 287(2). executive officer see the Police Service Administration Act 1990, section 1.4. explosive see the Explosives Act 1999, schedule 2. firearm see section 8. firearms instructor’s licence see section 20(f). firearms licence see section 20(g). fit and proper person— (a) to hold a licence—means a fit and proper person under section 45; or (b) to be the representative of a body holding a licence—means a fit and proper person under section 45; or (c) to be an associate of a prescribed licensee—means a fit and proper person under section 48; or (d) to hold a permit—means a fit and proper person under section 115; or (e) to be the representative of a body holding a permit—means a fit and proper person under section
Discussion Draft 115; or (f) to be an associate of a prescribed permit holder—means a fit and proper person under section 118.
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genuine reason, for possession of a weapon, or type or category of weapon, see section 29. group licence see section 20(h). group licensee means an adult or body in whose name a group licence, in force at the material time, has been issued. historical or military re-enactment means an historical or military re-enactment, or demonstration, that involves the physical possession of weapons. historical society permit see section 96(c). holder, in relation to a licence or permit, means the entity to which it is issued. identifying particular, of a person, means a fingerprint, palm print or footprint of the person. imitation— (a) of a weapon—see section 11(1); or (b) of a crossbow, longbow or spear gun—see section 11(2); or (c) of a category A, B, C or M weapon means— (i) an imitation of a weapon mentioned in the Weapons Categories Regulation 2010, section 4(1), (3) or (4); or (ii) an imitation of a weapon mentioned in the Weapons Categories Regulation 2010, section 5(1), (3) or (4); or (iii) an imitation of a weapon mentioned in the Weapons Categories Regulation 2010, section 6(1) or (3); or (iv) an imitation of a weapon mentioned in the Weapons Categories Regulation 2010, section 11(1). intensive correction order see the Penalties and Sentences Act
Discussion Draft 1992, section 4.
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interstate domestic violence order means an interstate order under the Domestic and Family Violence Protection Act 1989, whether or not the interstate order is registered under that Act. interstate licence, for a weapon, or type or category of weapon, means an authority issued under the law of another State that authorises the possession and use of the weapon, or type or category of weapon, in that State. laser, for chapter 6, part 3, see section 186. laser pointer see section 267. licence means a licence issued or renewed under this Act and in force at the material time. licensed armourer means the adult or body in whose name an armourer’s licence, in force at the material time, has been issued. licensed collector means the adult or body in whose name a collector’s licence, in force at the material time, has been issued. licensed dealer means the adult or body in whose name a dealer’s licence, in force at the material time, has been issued. licensed security guard means the adult in whose name a security licence (guard), in force at the material time, has been issued. licensed security organisation means the body in whose name a security licence (organisation), in force at the material time, has been issued. licensed theatrical ordnance supplier means the adult or body in whose name a theatrical ordnance supplier’s licence, in force at the material time, has been issued. licensee— (a) generally—means an entity in whose name a licence, in force at the material time, has been issued; or (b) for chapter 2, part 9—see section 81. Discussion Draft
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live ammunition, for a category M crossbow, includes a projectile or other thing discharged from the category M crossbow. magazine, for a weapon or regulated item— (a) means a receptacle, whether integrated or detachable, designed to hold ammunition for the weapon or regulated item; and (b) does not include a chamber of the weapon or regulated item. magazine capacity, of a weapon or regulated item, means the number of rounds of ammunition capable of being held in— (a) if the weapon or regulated item has an integrated magazine—the integrated magazine; or (b) if a detachable magazine is able to be fitted to the weapon or regulated item—the detachable magazine. major component part, of a weapon, means— (a) for a weapon that is a firearm— (i) the action, barrel, body, breech block or bolt, frame, receiver or top slide of the firearm; or (ii) any other part of the firearm without which the firearm would be considered deactivated or incomplete; or (b) otherwise—any part of the weapon without which the weapon would be considered inert or incomplete. martial arts weapon means a weapon mentioned in the Weapons Categories Regulation 2010, section 11(1)(h) or (m). member of the police service means a member of the Queensland Police Service under the Police Service Administration Act 1990. military simulation game means a game in which persons use paint-pellet guns to discharge paint-pellets or other non-lethal projectiles at other persons or at things. Discussion Draft Examples— Paintball, Skirmish
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minor’s licence see section 20(i). miscellaneous weapons licence see section 20(j). new Act, for chapter 11, see section 328. non-renewable permit means— (a) a permit to acquire; or (b) an arms fair permit. notice means written notice. notify means notify in writing. occupational rural purpose means a purpose connected with primary production. occupier, of land, means the person entitled to possession of the land. owner, of land, means— (a) the owner of the land; or (b) the occupier of the land; or (c) a person authorised by the owner or occupier of the land to act on the owner’s or occupier’s behalf in the general management or control of the land. paint-pellet gun means a firearm that discharges paint-pellet projectiles or other similar non-lethal projectiles, whether or not the projectiles are capable of marking a surface. parent, of a minor, includes— (a) a guardian of the minor; and (b) another person who is acting in the place of a parent or guardian of the minor. permanently deactivated, in relation to a firearm, see section 12. permanently deactivated category A, B or C weapon— (a) generally, means— Discussion Draft
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(i) a firearm mentioned in the Weapons Categories Regulation 2010, section 4(1) that is permanently deactivated; or (ii) a firearm mentioned in the Weapons Categories Regulation 2010, section 5(1) that is permanently deactivated; or (iii) a firearm mentioned in the Weapons Categories Regulation 2010, section 6(1) that is permanently deactivated; or (b) for chapter 7, part 3, division 1—see section 251. permit means a permit issued or renewed under this Act and in force at the material time. permit to acquire see section 96(a). personal supervision, of a person, means direct, exclusive and immediate supervision of the person. physical possession, of a weapon or thing, means— (a) physically holding the weapon or thing; or (b) having an immediate ability to physically hold the weapon or thing. place includes a vehicle. police establishment means a police establishment under the Police Service Administration Act 1990, section 10.10. police station means a police station under the Police Service Administration Act 1990, section 10.10. possession, of a weapon or thing, includes— (a) having the weapon or thing in one’s custody; and (b) having the weapon or thing under one’s control, whether or not another person has custody of the weapon or thing; and (c) having an ability to obtain custody of the weapon or
Discussion Draft thing at will; and (d) having a claim to custody of the weapon or thing if the claimant has committed the weapon or thing to the
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custody of another person, even if the weapon or thing is temporarily not under the claimant’s control. pre-percussion handgun see section 242. prescribed licence means— (a) an armourer’s licence; or (b) a dealer’s licence; or (c) a security licence (organisation); or (d) a theatrical ordnance supplier’s licence. prescribed licensee means an entity that holds a prescribed licence. prescribed offence means— (a) an offence relating to the misuse of drugs; or (b) an offence involving the use or threatened use of violence; or (c) an offence involving the use, carriage, discharge or possession of a weapon. prescribed permit means a permit other than a permit to acquire. prescribed permit holder means an entity that holds a prescribed permit. prescribed weapon, for chapter 2, part 9, see section 81. primary production means a business carried on in a primary production industry including the agricultural, aquacultural, horticultural and pastoral industries. protection order means a protection order under the Domestic and Family Violence Protection Act 1989 and includes an interstate domestic violence order corresponding to a protection order. psychologist means a person registered under the Psychologists Registration Act 2001.
Discussion Draft public monument see section 10.
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public place means a place that the public is entitled to use or is open to the public or is used by the public, whether on payment or otherwise. purchase means obtain under a sale. QCAT information notice means a notice complying with the QCAT Act, section 157(2). QPS website see section 288. qualified weapons employee means a person who— (a) is an adult; and (b) holds a licence; and (c) is not disqualified from holding an armourer’s, dealer’s or theatrical ordnance supplier’s licence. reasonably believes means believes on reasonable grounds. recognised martial arts organisation means any of the following that are published on the QPS website for the purpose of this definition— (a) a State, national or international martial arts organisation; (b) a genuine training organisation that conducts training courses in the use of martial arts weapons; (c) an organisation that is affiliated with an organisation mentioned in paragraph (a). recreational shooting— (a) includes— (i) hunting; and (ii) using a weapon for a purpose preparatory to, or for the purpose of, hunting; and Examples of using a weapon for a purpose preparatory to hunting— • checking the functioning of the weapon for hunting
Discussion Draft • receiving instruction or training in the use of the weapon for hunting
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• sighting the weapon for hunting (b) does not include the sport of target shooting. recreational shooting club permit see section 96(d). registered possessor, of a weapon or regulated item, see section 149. registered regulated item see section 148. registered weapon see section 147. regulated item see section 240. relevant date, for the definition excluded person as applying to— (a) section 15(1)(k)—means the date the person engages in the scientific or experimental work; or (b) section 18(1)—means the date the person engages in the authorised activity; or (c) section 178(1), penalty—means the date the person unlawfully possesses the weapon; or (d) section 181(1)—means the date the person possesses and uses the weapon as mentioned in section 181(2); or (e) section 182(1)—means the date the minor possesses and uses the prescribed weapon as mentioned in section 182(2); or (f) section 278—means the date the person acquires or possesses the regulated item; or (g) section 287(1)—means the date the commissioner gives the person the exclusion notice; or (h) otherwise—has the meaning given under a regulation. relevant financial interest— (a) in relation to a business conducted or proposed to be conducted under a prescribed licence, means— (i) any interest in the capital or assets of the business; Discussion Draft or
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(ii) any entitlement to receive any income derived from the business, whether the entitlement arises at law, in equity or otherwise; or (b) in relation to an activity conducted or proposed to be conducted under a prescribed permit, means— (i) any interest in the capital or assets associated with the activity; or (ii) any entitlement to receive any income derived from the activity, whether the entitlement arises at law, in equity or otherwise. relevant position— (a) in relation to a business conducted or proposed to be conducted under a prescribed licence, means a position that entitles the holder of the position to participate in the management of the business whether as director, manager, secretary or in any other capacity; or (b) in relation to an activity conducted or proposed to be conducted under a prescribed permit, means a position that entitles the holder of the position to participate in the management of the activity whether as director, manager, secretary or in any other capacity. relevant power— (a) in relation to a business conducted or proposed to be conducted under a prescribed licence, means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (i) to participate in any managerial or executive decision of the business; or (ii) to elect or appoint a person to a relevant position in relation to the business; or (b) in relation to an activity conducted or proposed to be conducted under a prescribed permit, means a power, whether exercisable by voting or otherwise and whether
Discussion Draft exercisable alone or in association with others—
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(i) to participate in any managerial or executive decision associated with the activity; or (ii) to elect or appoint a person to a relevant position in relation to the activity. repealed Act, for chapter 11, see section 328. repealed regulation, for chapter 11, see section 328. replacement licence means a licence issued in replacement of an existing licence under section 87. replacement permit means a permit issued in replacement of an existing permit under section 144. restricted article see section 270. rural land means land in Queensland, or land in another State that is adjacent to land in Queensland, other than land situated in any city or town or, in the case of a shire, in any township in the shire. safe storage address see section 161. secure gun rack see section 161. secure premises see section 161. secure receptacle see section 161. secure safe see section 161. secure storage facilities, for a weapon, or type or category of weapon, see section 162. secure storeroom see section 161. secure vault see section 161. security guard— (a) means a person who patrols, protects, watches over or guards (protects) the person’s property, other persons or other persons’ property— (i) in the course of carrying on a business; or
Discussion Draft (ii) in the course of employment; and
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Example— A jeweller transporting jewellery in the course of carrying on a business who does not employ someone else to guard the jewellery while it is being transported is a security guard. (b) does not include— (i) a person who protects property if the protection is carried out in the course of primary production; or (ii) a person who employs someone else to protect property for the person. security licence (guard) see section 20(k). security licence (organisation) see section 20(l). security officer see the Security Providers Act 1993, section 7. security organisation means a body that provides security guards and the services of security guards. self-employed security guard means a person who— (a) holds a licence for carrying out the functions of a security officer under the Security Providers Act 1993; and (b) is not employed by a licensed security organisation. sell includes— (a) sell by wholesale, retail or auction; and (b) supply under a lease, exchange, hire or other commercial arrangement; and (c) supply under a lay-by transaction; and (d) agree to sell; and (e) cause or permit to be sold. serial number, of a weapon or regulated item— (a) means an individual number, or combination of letters and numbers, given to the weapon or regulated item for identification; and Discussion Draft (b) does not include numbers or letters that are not in the English language.
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shanghai means a Y-shaped device that— (a) has a thing with elastic properties fixed to it; and (b) is capable of being used to propel a projectile. shooting association means— (a) the Australian Police Pistol Association; or (b) the Australian Service Rifle Association; or (c) the North Queensland Rifle Association Inc; or (d) the Queensland Amateur Pistol Shooting Association Inc; or (e) the Queensland Clay Target Association; or (f) the Queensland Rifle Association; or (g) the Queensland Sporting Clays Association Inc; or (h) the Queensland Target Sports Inc; or (i) the Sporting Shooters Association of Australia Inc, Queensland branch; or (j) an association prescribed under a regulation. shooting gallery— (a) means a place, whether indoor or outdoor, used for the practice of shooting with tethered weapons usually from a stationary position; and (b) includes a mobile or temporary shooting gallery. shooting gallery permit see section 96(g). shooting range means a place, whether indoor or outdoor, used for the practice of shooting with weapons usually from a stationary position. shooting range permit see section 96(h). shooting venue— (a) means a place used for the practice of shooting with
Discussion Draft weapons, usually from a moveable position; and (b) includes a mobile or temporary shooting venue.
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Examples— a venue used for military simulation games, a venue used for an historical or military re-enactment shooting venue permit see section 96(i). show cause notice, for chapter 2, part 9, see section 81. show cause period, for chapter 2, part 9, see section 81. slingshot— (a) includes a catapult or shanghai; and (b) does not include a category M braced slingshot. special constable see the Police Service Administration Act 1990, section 1.4. spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. sport of target shooting— (a) means— (i) the competitive sport of shooting at targets to test proficiency in the use of a weapon including, for example, accuracy and consistency; or (ii) using a weapon for a purpose preparatory to, or for the purpose of, the sport mentioned in subparagraph (i); and Examples of using a weapon for a purpose preparatory to the sport mentioned in subparagraph (i)— • checking the functioning of the weapon for the sport of target shooting • receiving instruction or training in the use of the weapon for the sport of target shooting Discussion Draft • sighting the weapon for the sport of target shooting (b) does not include hunting.
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Schedule 5
statement of eligibility see section 286(2). supply includes— (a) give, distribute, sell or transport; and (b) offer to supply; and (c) do an act preparatory to, or to further, or for the purpose of, supply. suspension notice— (a) in relation to a licence—see section 65(1); or (b) in relation to a permit—see section 135(1). sword means a thing consisting of a long blade (straight or curved) fixed in a hilt or handle, the blade of which is either— (a) pointed; or (b) sharp-edged on 1 or both sides. Examples— broadsword, rapier target shooting club permit see section 96(e). temporarily deactivated, in relation to a firearm, see section 13. temporary protection order means a temporary protection order under the Domestic and Family Violence Protection Act 1989 and includes an interstate domestic violence order corresponding to a temporary protection order. tethered, in relation to a weapon, means tethered to a fixed object in a way that is designed to prevent the weapon from being removed from the vicinity of the object or used in a way likely to cause death or injury to a person or unlawful destruction of, or damage to, property. theatrical ordnance supplier means an entity that carries on the business, whether or not for reward or benefit, of supplying on a temporary basis weapons for use in film,
Discussion Draft television or theatrical productions in circumstances in which the supply involves no change in ownership. theatrical ordnance supplier’s licence see section 20(m).
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[s 13]
thing includes a substance. training provider permit see section 96(j). uncategorised firearm means a firearm, or a major component part of a firearm, that is not mentioned in the Weapons Categories Regulation 2010. Note— Any firearm that is less than 75cm in length is a category H weapon under the Weapons Categories Regulation 2010, section 9(1). However, it may be that a particular firearm that is at least 75cm in length is not a category A, B, C, D or R weapon under the Weapons Categories Regulation 2010. unlawful means without lawful authorisation, justification or excuse. unloaded, in relation to a firearm, means the firearm contains no ammunition in its breech, chamber, magazine or muzzle. vehicle includes any aircraft or vessel. visitor’s licence see section 20(n). weapon— (a) generally—see section 6; or (b) for chapter 6, part 3—see section 186; or (c) for chapter 6, part 4—see section 192. weapons club permit see section 96(f). weapons register see section 146(1). Discussion Draft
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