Weapons Regulation 1996

1Short title

This regulation may be cited as the Weapons Regulation 1996 .

2Commencement

This regulation commences on 15 January 1997.

2ADefinitions

The dictionary in schedule 3 defines particular words used in this regulation.

s 2A ins 2003 SL No. 357 s 3

amd 2010 SL No. 287 s 3

3Possession or use of weapon unlawful to extent another licence is needed to authorise that possession or use

(1)The possession or use of a weapon under a licence is unlawful to the extent that a licence of another class 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 firearm.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 (heirloom) or (weapons) is needed); or

(b)in performing duties as a security guard (a security licence (guard) is needed); or

(c)as a security organisation (a security licence (organisation) is needed); or

(d)to store, manufacture, modify or repair the weapon in the course of the licensee’s business of storing, manufacturing, modifying or repairing weapons (an armourers 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 the production of a theatrical, film or television production (a theatrical ordnance supplier’s licence is needed); or

(g)to provide an approved training course (a firearms licence (instructor) is needed).

(2)A licence given after the commencement of this regulation must contain a copy of subsection (1).

(3)Failure to comply with subsection (2) does not invalidate any proceeding for an offence.

s 3 amd 1998 SL No. 103 s 4; 2011 Act No. 37 s 36

3APossession of weapon for transport not authorised unless necessarily incidental to licence activities

(1)To remove any doubt, it is declared that a licence does not authorise possession of a weapon for or during its transportation unless the transportation is necessarily incidental to engaging in an activity for which the weapon may be used under the licence.

Examples of transportation for which possession of a weapon is authorised—

1transportation of a weapon to or from a range for use in target shooting

2transportation of a weapon from a licensee’s secure storage facilities to a licensed armourer or dealer, and its return transportation

(2) Subsection (1) does not apply to a minor’s licence.

s 3A ins 1998 SL No. 103 s 5

3BRequirements for training courses—Act, s 10AA

(1)For section 10AA (1) (b) of the Act, the requirements of the training course are—

(a)the content of the course will give a person who completes the course the knowledge required to ensure the safe use, storage and maintenance of a weapon to which the course relates; and

(b)the method of assessment for the course is able to determine whether a person has the knowledge mentioned in paragraph (a).

(2)For section 10AA (2) (b) of the Act, the requirements of the training course are—

(a)the content of the course will give a person who completes the course the knowledge required to ensure the safe use, storage and maintenance of a weapon or restricted item to which the course relates; and

(b)the method of assessment for the course is able to determine whether a person has the knowledge mentioned in paragraph (a).

s 3B ins 2011 Act No. 37 s 37

4Additional genuine reasons for possession of a weapon

For section 11 (e) of the Act, the following are reasons for possession of a weapon—

(a)a military or medieval re-enactment or historical demonstration;

(b)for a sporting organisation to possess a firearm to start sporting events;

(c)for a theatrical organisation to possess a firearm for a theatrical production;

(d)paint pellet sports.

s 4 amd 2011 Act No. 37 s 38

5Other particulars to accompany application for licence

(1)For section 13 (1) (c) (iii) of the Act, the following particulars about each firearm owned by the applicant must accompany an application for a licence—

(a)the type, action, make, model, serial number and calibre of the weapon;

(b)the magazine or chamber capacity of the firearm;

(c)if the application relates to recreational shooting—enough information about the location, area and surrounding features of the rural land involved to enable its suitability for recreational shooting to be assessed.

(2)For section 18B of the Act, the period is 1 year immediately before the declaration is made.

s 5 amd 2003 SL No. 134 s 4

6Applying for licence or licence renewal

An application for a licence, or renewal of a licence, may be made only—

(a)at a police station or police establishment; or

(b)in a way published on the QPS website including, for example, by submitting the application online.

s 6 sub 2010 SL No. 287 s 4

7Waiting period before licence can be decided

For section 15 (1) of the Act, the period before an authorised officer may decide an application for a licence is—

(a)for a licence other than a visitor’s licence—

(i)until the end of the 28th day after the application is lodged; or

(ii)if satisfied there are exceptional circumstances—until the end of the day the application is lodged; or

(b)for a visitor’s licence—until the end of the day the application is lodged.

9Temporary recognition of interstate licences

Each of the following is a purpose for visiting Queensland for section 32 (1) (b) of the Act—

(a)to undertake recreational shooting on rural land with permission, given before the visit, from the landowner to shoot on the land;

(b)to perform an occupational requirement to shoot on rural land for a rural purpose;

(c)to participate in a shooting competition conducted by a club that is, or is affiliated with, an organisation that is recognised by the commissioner as being—

(i)a State or national archery organisation; or

(ii)a State, national or international historical or military re-enactment organisation; or

(iii)a genuine historical or military re-enactment organisation that gives training in the use of category M crossbows.

s 9 sub 1998 SL No. 103 s 6

amd 2004 SL No. 228 s 4

10Queensland licence corresponding to interstate licence

For section 33 (6) of the Act, the corresponding licence to a licence held under the law of another State is the licence under this Act that—

(a)authorises possession or use of the weapon only to the extent allowed under the interstate licence and available under a Queensland licence; and

(b)is of the class that is the narrowest available in Queensland to authorise that possession or use; and

(c)is subject to—

(i)the conditions, limitations, restrictions and prohibitions applying under the interstate licence, with all necessary changes to adapt them to Queensland; and

(ii)any limitations or restrictions applying to that class of Queensland licence.

11Visitor’s licence—Act, s 12 (1) (k)

(1)A visitor’s licence may be issued to an adult who—

(a)resides outside Queensland and intends visiting Queensland to engage in an activity that is a reason for possession of a weapon under section 11 of the Act; and

(b)is entitled by law (whether or not under a licence) to possess and use a firearm or type of firearm in the State or country where the person usually resides.

(2)The licence authorises the licensee to possess and use a firearm or type of firearm endorsed on the licence to the extent, and for the activity, stated on the licence.

(3)The licence may only be issued—

(a)for an activity that is a reason for possession of a weapon under section 11 of the Act; and

(b)for a firearm or type of firearm—

(i)the visitor is entitled to possess and use in the State or country where the person usually resides; and

(ii)for which the visitor could obtain a Queensland licence, other than a visitor’s licence, authorising possession and use, to the extent and for the activity, stated on the licence.

(4)The maximum term for which a visitor’s licence may be given is 3 months.

(5)A person who—

(a)is a resident of another country; and

(b)is visiting Queensland to participate in an internationally recognised shooting competition;

is exempt from paying the application fee for a visitor’s licence.

(6)In this section—

firearm includes a category M crossbow.

s 11 amd 2003 SL No. 134 s 5; 2004 SL No. 228 s 5

12Limitation on weapons’ physical possession and use under licence held by body

(1)Despite any other provision of this regulation, a licence held by a body does not authorise the body to physically possess a weapon, other than by its representative endorsed on the licence.

(2)A licence held by a body for a weapon authorises the body’s representative endorsed on the licence to physically possess and use the weapon for the purposes of the body that are authorised by the licence, if this regulation does not already give that authorisation.

s 12 sub 1998 SL No. 103 s 7

13Automatic licence suspension if endorsed representative loses authority to represent

(1)A licence held by a body is automatically suspended if its representative endorsed on the licence dies or his or her authority to represent the body in the conduct of its business or affairs is suspended or revoked or expires.

(2)The suspension lasts until the representative is reinstated or another representative is endorsed on the licence.

(3)The term of the licence continues to run during the licence suspension.

14Additional changes in circumstances that must be advised by licensee

For section 24 (2) (g) of the Act, the changes in circumstances are—

(a)a court order is made, or an official act is done, in Queensland or elsewhere that adversely affects the licensee’s or the licensee’s representative’s ability to own, possess, use, carry or deal in weapons in Queensland or elsewhere; or

(b)the licensee or the licensee’s representative—

(i)is refused, outside Queensland, an official authorisation to own, possess, use, carry or deal in weapons; or

(ii)becomes subject to an order under the Peace and Good Behaviour Act 1982 , or a similar Act of another State; or

(iii)is discharged from a psychiatric hospital, training centre, security patient’s hospital or another similar institution established under the Mental Health Act 1974 , or a similar institution in another State.

Editor’s note—

Now see the Mental Health Act 2000 , section 546.

Examples of court orders and official acts for paragraph (a)—

1disqualification or suspension from obtaining a weapons licence, approval or other authorisation or from being a licensee’s representative

2disqualification or suspension from owning, possessing, using, carrying or dealing in a weapon

3revocation of a weapons licence, approval or other authorisation

4forfeiture, or police seizure, of a weapon

s 14 amd 1998 SL No. 103 s 3 sch; 2001 SL No. 87 s 5; 2003 SL No. 357 s 4

14AAWay licensee to advise of change in circumstances—Act, s 24

For section 24 (2A) of the Act, a licensee must give the advice—

(a)if the advice is only about a change of address—at a police station or police establishment, or by using the QPS website; or

(b)otherwise—at a police station or police establishment.

s 14AA ins 2013 SL No. 7 s 3

14ALicence conditions

(1)A condition may be stated on a licence by a code.

(2)A code in schedule 1A that is stated on a licence is taken to be the corresponding condition in schedule 1A.

s 14A ins 2004 SL No. 228 s 6

14BTransfer of firearm between licensee’s licences

(1)This section applies if a licensee who is an individual—

(a)has more than 1 licence; and

(b)has a firearm endorsed on 1 licence; and

(c)wants to transfer the endorsement to another licence (the other licence).

(2)The licensee must apply to an authorised officer to transfer the endorsement to the other licence.

(3)The application must—

(a)be made in the approved form; and

(b)for a category B, C, D or H weapon—state the licensee’s reason for needing to transfer the endorsement to the other licence, and why this need can not be satisfied in another way; and

(c)be accompanied by—

(i)if the application is to transfer the endorsement of a a temporarily inoperable modern handgun to a collector’s licence (weapons)—a declaration signed by an approved historical society’s representative stating that the representative is satisfied that the weapon is of obvious and significant commemorative, historic, thematic or investment value; and

(ii)any other relevant particulars that the authorised officer reasonably requires.

(4)The authorised officer must decide the application as if it were an application for a licence of the same type as the other licence.

(5)For that purpose, sections 14 to 16 of the Act apply to the application as if it were an application for a licence of the same type as the other licence.

s 14B ins 2004 SL No. 228 s 6

14CRecreational shooting club—Act, s 13 (3) (b)

A recreational shooting club that is an approved weapons club is prescribed for section 13 (3) (b) of the Act.

s 14C ins 2004 SL No. 228 s 6

15Blank-fire firearms licence

(1)A blank-fire firearms licence may be issued only to—

(a)an individual; or

(b)a theatrical organisation; or

(c)an athletic or other sporting organisation.

(2)A blank-fire firearms licence held—

(a)by an individual—authorises the licensee to physically possess and use, for an authorised purpose, any blank-fire firearm in the category stated on the licence and owned by the licensee; or

(b)by an organisation—

(i)authorises the licensee to non-physically possess, for an authorised purpose, any blank-fire firearm in the category stated on the licence and owned by the licensee; and

(ii)authorises the organisation’s representative endorsed on the licence to physically possess and use, for an authorised purpose, any blank-fire firearm in the category endorsed on the licence and owned by the licensee.

(3)The licence also authorises any eligible member of the organisation, with the permission, and under the instruction, of the endorsed representative, to possess and use, for an authorised purpose, any blank-fire firearm owned by the organisation and in the category endorsed on the licence.

(4)In this section—

authorised purpose means—

(a)for an individual who applied for the licence for theatrical productions—for use in theatrical productions; or

(b)for a theatrical organisation—for use in theatrical productions in the conduct of the organisation’s activities; or

(c)for an individual who applied for the licence to start sporting events—for starting sporting events; or

(d)for a sporting organisation—for starting sporting events in the conduct of the organisation’s activities.

eligible person means a member who is eligible to hold a licence.

start, a sporting event, includes end an event, and mark a stage or other happening of official significance to the event.

s 15 amd 1998 SL No. 103 s 8

16What concealable firearms licence authorises

(1)A concealable firearms licence authorises the licensee to possess or use any pistol not in category R for the purpose stated on the licence.

(2)However, a concealable firearms licence does not authorise the possession or use of a weapon for recreational shooting.

s 16 amd 1998 SL No. 103 s 9

17When and how category H firearm may be worn

(1)A person may wear a category H firearm only if the person has an occupational requirement to wear it.

Maximum penalty—10 penalty units.

Note—

This section applies to all concealable firearms, whether or not under a concealable firearms licence, for example those worn by security guards.

(2)A person wearing a category H firearm must comply with subsections (3) to (7).

Maximum penalty—10 penalty units.

(3)The firearm must be carried in a holster that is consistent with the shape and size of the firearm.

(4)The holster must be designed with a retention device, and the device must be engaged.

(5)The holster must be designed so that the trigger is not exposed.

(5A)However, subsections (4) and (5) do not apply if—

(a)the person is using the weapon for sports or target shooting at an approved range; and

(b)compliance with the subsections is impractical because of the type of sports or target shooting.

(6)If the holster is worn in conjunction with a belt, the holster must be securely attached to the belt.

(7)The wearer’s clothes must conceal the holster and firearm.

(8)However, subsection (7) does not apply—

(a)if the person is performing duties under a security licence (guard) and is wearing clothing that readily identifies the person as a security guard; or

(b)if the wearer is using the firearm on rural land while engaged in primary production; or

(c)if the wearer is using the firearm for sports or target shooting at an approved range; or

(d)if the wearer is actually performing in—

(i)a theatrical production; or

(ii)a military re-enactment; or

(iii)a historical demonstration.

(9)In this section—
retention device, for a holster in which a category H firearm is carried, means a device designed to secure the firearm in the holster while the device is engaged.

Examples—

safety strap, thumb break, trigger guard lock

s 17 amd 1997 SL No. 15 s 3; 1998 SL No. 103 ss 10, 3 sch; 2014 SL No. 326 s 5

18Firearms licence—category A or B weapons

Other than as provided in sections 19 to 21, a firearms licence—

(a)may only be given for a category A or B weapon; and

(b)authorises the licensee to possess and use any weapon in the category endorsed on the licence.

19Firearms licence—category C shotguns for clay target shooting

(1)A member of an approved shooting club that takes part in, or is affiliated with a body that takes part in, national and international clay target shooting competition (the member’s club) may apply for a firearms licence with an endorsement for category C shotguns.

(2)The applicant must, because of a lack of strength or dexterity, have a physical need for a category C shotgun to enable the applicant to take part in clay target shooting.

(3)A document supporting the existence of that physical need because of a medical condition, that is signed by a doctor, must be lodged with the application.

(4) Subsections (2) and (3) do not apply to an applicant who, on 14 November 1996—

(a)owned a category C shotgun; and

(b)was a member of an approved shooting club that takes part in, or is affiliated with a body that takes part in, national and international clay target shooting competition.

(5)The licence authorises the licensee to use any category C shotgun at an approved range, for a clay target shooting competition approved by the member’s club or a training program associated with that competition, and to possess any category C shotgun for that purpose.

(6)The licensee must not load or allow anyone else to load more than 2 rounds of ammunition into a weapon to which the licence applies.

Maximum penalty—10 penalty units.

s 19 amd 1998 SL No. 103 s 3 sch; 2004 SL No. 228 s 7

20Firearms licence—category C rifle and category C shotgun for occupational rural purpose on rural land

(1)A person who, in the conduct of the person’s business or employment on rural land, has a need for 1 category C rifle or 1 category C shotgun, or both, for a rural purpose, may apply for a firearms licence with an endorsement for 1 category C rifle or 1 category C shotgun or both.

(2)A person who, in the conduct of the person’s business or employment on rural land, has a need for more than 1 category C rifle and 1 category C shotgun for a rural purpose, may apply for a firearms licence with an endorsement for more than 1 category C rifle and 1 category C shotgun.

(3)However, a person may apply under subsection (2) only if the need arises because of the area or location of the land involved.

(4)An authorised officer may issue a licence endorsed under subsection (1) or (2) only if the authorised officer is satisfied the applicant’s need for the firearm can not be satisfied in another way.

(5)A licence endorsed under subsection (1) authorises the licensee to possess and use—

(a)1 category C rifle; or

(b)1 category C shotgun; or

(c)1 category C rifle and 1 category C shotgun;

stated on the licence, but only to satisfy the need stated on the licence.

(6)For subsection (2), an authorised officer may endorse the licence with the number of category C rifles or shotguns the authorised officer decides is reasonably necessary to satisfy the applicant’s need.

(7)A licence endorsed under subsection (2) authorises the licensee to possess and use the number of category C rifles and category C shotguns endorsed on the licence, but only to satisfy the need stated on the licence.

20AFirearms licence—1 category C weapon for occupational fisher

(1)A person who, in the conduct of the person’s business as, or employment by, a commercial fisher, has a need on a particular vessel, for 1 category C weapon may apply for a firearms licence with an endorsement for the weapon.

(2)An authorised officer may issue a licence endorsed under subsection (1) only if the authorised officer is satisfied the applicant’s need for the firearm can not be satisfied in another way.

(3)A licence endorsed under subsection (1) authorises the licensee to possess and use the single category C weapon stated on the licence, but only to satisfy the need stated on the licence.

(4)In this section—

commercial fisher means the holder of a commercial fisher licence under the Fisheries Act 1994 .

s 20A ins 1998 SL No. 103 s 11

21Firearms licence—category D firearms for occupational culling of animals

(1)A person who, in the conduct of the person’s business or employment (whether or not in primary production), has a need for a category D weapon to cull animals may apply for a firearms licence with an endorsement for no more than 2 category D weapons.

(2)An authorised officer may endorse the licence with the number of category D weapons, not being more than 2 category D weapons, the authorised officer decides is reasonably necessary to satisfy the applicant’s need.

(3)The licence authorises the licensee to possess and use the number of category D weapons endorsed on the licence, not being more than 2 category D weapons, but only to satisfy the need stated on the licence.

(4)The licence must state the area where the weapon may be used.

s 21 amd 1998 SL No. 103 ss 12, 3 sch; 2012 SL No. 131 s 6

sub 2012 SL No. 187 s 9

21AConcealable firearms licence for sports or target shooting

(1)This section applies to a person who has surrendered a concealable firearms licence for sports or target shooting under section 68K (5).

(2)An authorised officer must not issue a concealable firearms licence for sports or target shooting to the person if the person applies for the licence within 5 years after the person received compensation under section 176 of the Act.

s 21A ins 2003 SL No. 134 s 6

22Firearms licence (instructor)

(1)A firearms licence (instructor) authorises the licensee to possess and use any weapon, at an approved range or elsewhere, in the category endorsed on the licence to provide an approved training course.

(2)However, the licence does not authorise the firing of a weapon unless the firing is done at an approved range for the category of weapon by a person entitled to use the weapon at the range.

Editor’s note—

See the Act, sections 52 (2) and 53 and part 4, division 5 for supervision and other requirements at approved ranges.

(3)A holder of a firearms licence (instructor) must not allow anyone undertaking a course under the licence to possess or use a weapon that is not supplied by the licensee.

Maximum penalty—10 penalty units.

s 22 amd 1997 SL No. 382 s 2 sch; 1998 SL No. 103 s 3 sch; 2011 Act No. 37 s 39

23Minor’s licence

(1)A minor’s licence may be issued only—

(a)to authorise the licensee to physically possess any category A, B or H weapon to—

(i)transport it to and from an approved range for the category of weapon; and

(ii)use it under the supervision of a range officer at the approved range for the category of weapon; or

(b)to authorise the licensee to physically possess any category A or B weapon to use it in primary production on rural land in the conduct of the licensee’s business or employment; or

(c)to authorise the same possession and use of a weapon that is available to an adult under any of sections 19, 20 or 20A.

(2)A minor’s licence authorises the possession and use of the weapon of the category or type stated on the licence for the purpose stated on the licence.

(3)A minor’s licence may be issued for a category C weapon only if the applicant would be entitled to a licence endorsed under section 19, 20 or 20A for the weapon if the minor were an adult.

s 23 sub 1998 SL No. 103 s 13

23AConditions for minor’s licence

(1)It is a condition of a minor’s licence that the licensee must not possess any of these category H weapons under the authority of a minor’s licence—

(a)a weapon that—

(i)is semi-automatic; and

(ii)has a barrel length of less than 120mm, unless it has an overall length of at least 250mm measured parallel to the barrel; or

(b)a weapon that—

(i)is not semi-automatic; and

(ii)has a barrel length of less than 100mm, unless it has an overall length of at least 250mm measured parallel to the barrel; or

(c)a weapon with a magazine with a maximum capacity of more than 10 rounds; or

(d)a weapon designed to be used without a magazine that has a maximum capacity of more than 10 rounds; or

(e)a weapon that has a calibre of more than .38 inch.

(2)Despite subsection (1) (e), an authorised officer may, by condition endorsed on the licence, authorise the licensee to possess a category H weapon if the authorised officer is satisfied that the licensee is to possess the weapon for use in an accredited event.

(3)In this section—

category H weapon does not include a black-powder pistol.

s 23A ins 2004 SL No. 228 s 8

24Theatrical ordnance supplier’s licence

(1)A theatrical ordnance supplier’s licence authorises the licensee to supply, and possess for the purpose of supply, any of the following in the production of a theatrical, film or television production—

(a)a blank-fire firearm or permanently inoperable firearm;

Editor’s note—

A firearm that is temporarily incapable of firing a projectile while it is equipped with an adaptor is not a blank-fire firearm. See the Act, schedule 2 (Dictionary), definition blank-fire firearm.

(b)a weapon that is not a firearm (other than a category E weapon, an antipersonnel gas, device, mine or substance, an incendiary or inflammable device or a hand grenade);

Editor’s note—

The licence may limit the persons to whom weapons under the licence may be supplied. See the Act, section 118 (2).

(c)any replica of a weapon.

(2)Also, the licence authorises the licensee to use the weapons or replicas to which the licence applies, but only for a purpose mentioned in subsection (1).

(3)The licence must state the effect of subsection (2).

25Theatrical ordnance supplier’s register

(1)The particulars to be entered in the ordnance register under section 117 (2) of the Act are as follows—

(a)the name, residential address and licence number of the other party to the transaction;

(b)the date and time of each occasion on which physical possession of the weapon was parted with by the licensee or was returned to the licensee;

(c)the type, action, make, model, serial number and calibre of the weapon.

(2)An entry in the ordnance register may be corrected by putting a line through the incorrect words, without making the words illegible, and writing the correct words in a suitable place in the register.

25AMiscellaneous weapons licence

(1)A miscellaneous weapons licence may only be issued for—

(a)a category E weapon; or

(b)a category M crossbow; or

(c)a category M weapon mentioned in the Weapons Categories Regulation 1997 , section 7A (o) or (q) (a martial arts weapon); or

(d)a category M weapon mentioned in section 7A (p) or (t) of that regulation (a historical or military weapon); or

(e)a category M weapon mentioned in section 7A (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) or (k) of that regulation (a category M knife).

(2)A miscellaneous weapons licence may only be issued for a category E weapon, if an authorised officer is satisfied the applicant for the licence has—

(a)a special occupational need for the weapon; or

(b)an exceptional need for the weapon for self-preservation that can not be satisfied in another way.

(3)If the applicant applied for a miscellaneous weapons licence for a category E weapon, the licence authorises the licensee to possess and use the type of category E weapon stated on the licence, but only to satisfy the need stated on the licence.

(4)A miscellaneous weapons licence may only be issued for a category M crossbow, if an authorised officer is satisfied the applicant for the licence—

(a)has the written permission of a landholder to engage in recreational shooting on the landholder’s land; or

(b)is, or is affiliated with, an organisation that is recognised by the commissioner as being—

(i)a State or national archery organisation; or

(ii)a State, national or international historical or military re-enactment organisation; or

(iii)a genuine historical or military re-enactment organisation that gives training in the use of category M crossbows.

(4A)An organisation mentioned in subsection (4) (b) (i), (ii) or (iii) that is an approved weapons club under part 11A is taken to be a club that is recognised by the commissioner for subsection (4) (b).

(5)If the applicant applied for a miscellaneous weapons licence for a category M crossbow, the licence authorises the licensee to possess and use the type of category M crossbow stated on the licence, but only for the purpose stated on the licence.

(6)A miscellaneous weapons licence may only be issued for a historical or military weapon if an authorised officer is satisfied the applicant is a current member of a club that—

(a)is, or is affiliated with, a State, national or international historical, or military re-enactment, organisation; or

(b)is a genuine historical, or military re-enactment, organisation that gives training in the use of the type of weapon.

(7)If the applicant applied for a miscellaneous weapons licence for a historical or military weapon, the licence authorises the licensee to possess and use the type of historical or military weapon stated on the licence, but only to engage in the activities of the club.

(8)A miscellaneous weapons licence may only be issued for a martial arts weapon if an authorised officer is satisfied the applicant is a current member of a club that—

(a)is, or is affiliated with, a State, national or international martial arts organisation; or

(b)is a genuine martial arts training organisation that gives training in the use of the type of weapon.

(9)If the applicant applied for a miscellaneous weapons licence for a martial arts weapon, the licence authorises the licensee to possess and use the type of martial arts weapon stated on the licence, but only to engage in the activities of the club.

(9A)A miscellaneous weapons licence may only be issued for a category M knife if an authorised officer is satisfied the applicant for the licence has a special occupational need for the weapon.

(9B)If the applicant applied for a miscellaneous weapons licence for a category M knife, the licence authorises the licensee to possess and use the type of category M knife stated on the licence, but only to satisfy the need stated on the licence.

(10)A holder of a miscellaneous weapons licence must take reasonable precautions to ensure that weapons under the licence are not accessible to persons who are not lawfully entitled to physically possess the weapons.

Maximum penalty—10 penalty units.

s 25A ins 1998 SL No. 103 s 14

amd 2003 SL No. 134 s 7; 2003 Act No. 92 s 80; 2004 SL No. 228 s 9; 2011 Act No. 37 s 40

25BGroup licence—what licence authorises

(1)A group licence may be issued only—

(a)to an individual or body to satisfy an occupational need of the individual or body to possess a weapon; or

(b)to a body that is a sports or target shooting club to satisfy its needs in sports or target shooting to possess a weapon.

(2)A group licence may be issued only for a weapon that may be possessed under the following licences, and for the purpose for which those licences may be issued—

(a)a firearms licence; or

(b)a firearms licence (instructor); or

(c)a concealable firearms licence; or

(d)a miscellaneous weapons licence.

(3)For a licensee who is an individual, a group licence authorises—

(a)the licensee to possess and use the weapons or type or category of weapons stated on the licence (the weapons) for the purpose stated on the licence; and

(b)the licensee’s employees to physically possess and use the weapons for the purpose stated on the licence.

(4)For a licensee that is a body mentioned in subsection (1) (a), a group licence authorises—

(a)the non-physical possession of the weapons by the licensee for the purpose stated on the licence; and

(b)the licensee’s officers and employees to physically possess and use the weapons for the purpose stated on the licence.

(5)For a licensee that is a sports or target shooting club, a group licence authorises—

(a)the non-physical possession of the weapons by the licensee for the purpose stated on the licence; and

(b)the licensee’s members, officers and employees to physically possess and use the weapons to engage in the club’s lawful shooting activities.

(6)However, a group licence does not authorise a member, officer or employee of a body to possess or use a weapon unless he or she—

(a)is an individual who holds a current licence that gives him or her rights to possess and use a weapon of the same type as that which is to be possessed or used under the group licence; or

(b)is a range officer within the meaning of section 108 (2) of the Act who holds any current licence.

(7)Also, a group licence only authorises a person who is a member, officer or employee of a body to possess or use a weapon for the specific purpose for which the weapon was issued to the person by the body.

s 25B ins 1998 SL No. 103 s 14

25CGroup licences—other provisions

(1)An application for a group licence is taken to be an application for each class of licence mentioned in section 25B that is appropriate to the weapons proposed to be stated on the licence, including for endorsements under sections 19 to 21.

(2)A group licence may not be issued to authorise anything that may only be authorised under a security licence (organisation) or security licence (guard).

(3)After a person who has physical possession of a weapon under a group licence has finished engaging in the specific activity for which the weapon was issued to the person, the person must return the weapon to the body’s secure storage facilities as soon as practicable.

Maximum penalty—10 penalty units.

(4)The holder of a group licence must keep a register containing—

(a)the name and licence number of each person to whom a weapon was issued under the licence; and

(b)the weapon’s serial number; and

(c)if the holder is a sports or target shooting club—

(i)the date each person took physical possession of the weapon; and

(ii)the date the weapon was returned to the body’s secure storage facilities; and

(d)if the holder is not a sports or target shooting club—

(i)the date and time each person took physical possession of the weapon; and

(ii)the date and time the weapon was returned to the body’s secure storage facilities.

(5)If the information is about—

(a)the issue of the weapon to the person—it must be entered when the weapon is issued; or

(b)anything else—it must be entered when the weapon is returned to the body’s secure storage facilities.

s 25C ins 1998 SL No. 103 s 14

26What dealer’s licence authorises

(1)A dealer’s licence authorises the licensee to carry on the business of—

(a)buying, selling, transferring or broking any weapons (other than category R weapons or restricted category M weapons) stated on the licence; and

(b)broking the acquisition of any permanently inoperable or blank-fire weapons in category R by the holder of a theatrical ordnance supplier’s licence, or of any permanently inoperable weapons in category R by the holder of a collector’s licence (weapons); and

(c)receiving, dispatching, repairing or storing any weapons.

Example for paragraph (c)—

receiving a weapon delivered to the licensed dealer under section 30 (5) or 137 (2) (b) of the Act

(2)However, a weapon stored under the licence may only be stored at the approved place endorsed on the licence for the secure storage of weapons.

(3)The licence does not authorise the supply on a temporary basis of weapons for use in theatrical, film or television productions if the supply involves no change in ownership.

(4)In this section—

restricted category M weapon means a weapon described in the Weapons Categories Regulation 1997 , section 7A (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (m), (q), (r) or (t).

s 26 amd 1998 SL No. 103 s 15; 2003 SL No. 134 s 8; 2003 SL No. 357 s 5; 2011 Act No. 37 s 41

27What armourer’s licence authorises

(1)An armourer’s licence authorises the licensee to store, manufacture, modify or repair any weapon in the course of the licensee’s business of storing, manufacturing, modifying or repairing weapons.

(2)However, the licence only authorises the manufacture or modification of a weapon at premises approved by an authorised officer and stated on the licence.

s 27 sub 1998 SL No. 103 s 16

28Particulars dealers and armourers must obtain and record in weapons register before transaction

The particulars a licensed dealer or licensed armourer must enter in the weapons register under section 73 of the Act are the name, residential address and licence number of the other party to the transaction.

29Other particulars dealers and armourers must enter in weapons register

(1)The particulars a licensed dealer or licensed armourer must enter in the weapons register under section 71 (2) of the Act are as follows—

(a)the date of the receipt, acquisition, sale or transfer of the weapon;

(b)the type, action, make, model, serial number and calibre of the weapon;

(c)the magazine or chamber capacity of the weapon.

(2)An entry in the weapons register may be corrected by putting a line through the incorrect words, without making the words illegible, and writing the correct words in a suitable place in the register.

(3)If the register is a computer register, the licensed dealer or licensed armourer must, no later than the seventh day of each month—

(a)produce a print-out of the part of the register that records information about transactions that took place within the previous month; and

(b)bind the print-out in book form with all other print-outs produced under this subsection for the licence.

(4)The print-out must also include a statement that identifies all weapons held under the licence as at the end of the previous month by their type, action, make, model, serial number, calibre or magazine capacity.

Maximum penalty for subsection (3)—10 penalty units.

s 29 amd 1998 SL No. 103 s 17

30How weapons may be stored

(1)A weapon possessed under an armourer’s, dealer’s or theatrical ordnance supplier’s licence that is not in the licensee’s physical possession may only be stored unloaded in a locked gun rack, safe or vault in premises complying with this part (the premises).

(2)However, a licensed dealer who has no more than a total of 20 weapons of category A, B or M on the premises need only store the weapons in a safe or vault complying with this part.

(3)To prevent any doubt, it is declared that subsection (1) does not apply while a weapon is in the physical possession of a body’s representative endorsed on the licence, or another individual, under the authority of a licence held by the body.

s 30 (3)–(4) exp 14 April 1997 (see s 30 (4))

amd 1998 SL No. 103 s 18; 2004 SL No. 228 s 10

31Floor

The floor of the premises must—

(a)be made of concrete at least 100mm thick; or

(b)be made of another material and have steel security rails fitted around the base of the premises that prevent under-floor access to the premises.

32Walls

The walls of the premises must be made of—

(a)brick, concrete or solid timber; or

(b)if the person starts business at the premises after 30 September 1997—brick or concrete.

33Ceiling

(1)If the ceiling of the premises is not made of concrete, steel mesh must be securely fixed into position to prevent access through the ceiling from above.

(2)The steel rods that the mesh is made of must—

(a)be at least 5mm in diameter; and

(b)be arranged in a square or rectangle, of which no side is over 200mm long.

s 33 amd 1998 SL No. 103 s 19

34External doors

(1)This section applies to any door able to give access into the premises.

(2)The door must have 1 padbolt fitted within 300mm of its top and 1 padbolt fitted within 300mm of its bottom, and a built-in deadlock.

(3)If the padbolt is on the outside of the door, the padbolt must have a sturdy padlock.

(4)The deadlock and padlock must always be locked (other than for the time necessary to have the premises open for a proper purpose).

(5)A door (other than a glass shopfront door) must be made of steel or solid timber and have steel door jambs.

(6)A glass shopfront door must be made of laminated glass in a metal frame and have metal door jambs and a grille.

(7)The pins inside the door hinges must be incapable of ready removal.

35Grilles for windows and shopfront doors

(1)This section applies to a grille for a window or shopfront door required under this part.

(2)The grille—

(a)must have steel bars at least 15mm square or in diameter that cover the whole door or window; and

(b)if the construction of the premises allows—must be fitted between the glass and the interior of the premises.

Editor’s note—

This is so the glass must be broken first before attacking the grille.

(3)The grille must be bolted to the premises by hardened steel bolts at least 10mm in diameter with the bolt or its nut welded to the grille.

(4)The centre-line of the bars must be no more than 150mm apart.

(5)The grille must have pieces of steel fitted at right angles to the bars that prevent the bars from being spread.

(6)The pieces of steel must be at intervals of no more than 500mm.

36Burglar alarms

(1)The premises must have a burglar alarm system able to detect any entry into the premises by any means and the breakage of any glass door or window and instantly activate—

(a)a loud siren outside the premises; and

(b)a remote alarm at the place where the alarm is required to be monitored or connected.

(2)The siren must have a flashing blue strobe light and its own self-contained power source.

(3)The remote alarm must always be monitored by a security service.

(4)However, if that monitoring is not available, the remote alarm must always be connected to the ordinary place of residence of the armourer, dealer or theatrical ordnance supplier.

(5)Each of the system’s sensors must have an anti-tamper circuit that is always operating (even if the alarm is not set).

(6)The system’s controls must be out of view from, and protected against access by, unauthorised persons.

37Vaults and safes

(1)A vault in the premises must be made of concrete or concrete blocks filled with concrete.

(2)The vault door must be made of steel and have—

(a)steel door jambs; and

(b)a built-in deadlock or combination lock; and

(c)hinges that are welded to the door and door jamb.

(3)A safe in the premises must be made of steel and—

(a)weigh at least 150kg; or

(b)be fixed to the premises by welding or hardened steel bolts at least 10mm in diameter.

38General requirements—gun racks

(1)A gun rack required under this part must have sturdy metal bars, grilles or chains, to secure the weapons, locked in place by a sturdy keyed lock or keyed padlock.

(2)The gun rack must be fixed to the premises by welding or hardened steel bolts at least 10mm in diameter.

(3)Not more than 10 guns may be kept in the gun rack.

pt hdg sub 1998 SL No. 103 s 3 sch

39Construction of premises where collection stored

(1)A weapon possessed under a collector’s licence (weapons) that is not in the licensee’s physical possession must be stored unloaded—

(a)in a locked container, or locked gun rack, in a locked room (the storeroom) complying with this part; or

(b)in a locked vault complying with this part.

(2)However, a person need not comply with subsection (1) if—

(a)for a category H weapon made permanently inoperable, the weapon is stored in a container that complies with section 60 (3) and (4); or

(b)for a category H weapon made temporarily inoperable—

(i)there are no more than 30 weapons at the premises where the weapon is stored; and

(ii)the weapon is stored unloaded in a container that complies with section 60 (3) and (4); and

(iii)the disabling item for the weapon is stored in a separate secure place that is locked; or

(c)for a weapon other than a category H weapon—

(i)there are no more than 30 weapons at the premises where the weapon is stored; and

(ii)the way the weapon is stored complies with section 60 (2) to (4).

(3)To prevent any doubt, it is declared that subsection (1) does not apply while a weapon is in the physical possession of a body’s representative endorsed on the licence, or another individual, under the authority of a licence held by the body.

(4)In this section—

disabling item, for a category H weapon made temporarily inoperable, means—

(a)for a firearm mentioned in section 8 (a) of the Act—the bolt, breech block, firing pin or other integral part of the firing mechanism that is removed to make the firearm temporarily inoperable; or

(b)for a firearm mentioned in section 8 (b) of the Act—the key for the trigger lock that makes the firearm temporarily inoperable.

separate secure place, in relation to the storage of a disabling item for a category H weapon made temporarily inoperable, means—

(a)if the container in which the weapon is stored has 1 or more lockable internal compartments—a lockable internal compartment other than the compartment in which the weapon is stored; or

(b)otherwise—a secure place other than the container in which the weapon is stored.

s 39 amd 1998 SL No. 103 s 20; 2002 SL No. 266 s 3; 2014 SL No. 326 s 6

40Vault

(1)A vault must be made of concrete or concrete blocks filled with concrete.

(2)The vault door must be made of steel and have—

(a)steel door jambs; and

(b)a built-in deadlock or combination lock; and

(c)hinges that are welded to the door and door jamb.

41Storeroom

(1)A storeroom must be, or be part of, a permanent building.

(2)Each external wall of the storeroom must be made of brick, concrete or solid timber.

(3)Each window able to give access to the storeroom must be completely covered by a securely fixed steel or aluminium security screen.

(4)Each door able to give access to the storeroom must—

(a)be made of solid metal or solid timber; and

(b)have a built-in deadlock; and

(c)have 1 padbolt fitted within 300mm of its top and 1 padbolt fitted within 300mm of its bottom.

(5)If the padbolt is on the outside of the door, the padbolt must have a sturdy padlock.

(6)If the door hinge is accessible from outside, each pin inside the hinge must be made incapable, by welding or otherwise, of removal.

42Gun racks in which collection stored

(1)A gun rack required under this part must have sturdy metal bars, grilles or chains, to secure the weapons, locked in place by a sturdy keyed lock or keyed padlock.

(2)The gun rack must be fixed to the premises by welding or hardened steel bolts at least 10mm in diameter.

(3)Not more than 10 guns may be kept in the gun rack.

43Container in which collection stored

(1)A container in which a collection is stored must—

(a)for a category D, H or R weapon—be made of solid steel and be bolted to the frame or floor of the building; or

(b)for another weapon—

(i)be made of solid steel or solid timber; and

(ii)if the container weighs less than 150kg—be securely fixed to the frame or floor of the building.

(2)The container must—

(a)have a sturdy combination lock, keyed lock or keyed padlock; and

(b)always be locked (other than for the time necessary to insert or remove a weapon, or something else, for a proper purpose).

44Collection register

(1)The particulars a licensed collector must enter in the collection register under section 81 (2) of the Act are as follows—

(a)the name, residential address and licence number of each party to the transaction;

(b)the type, action, make, model, serial number and calibre of the weapon;

(c)the magazine or chamber capacity of the weapon;

(d)the date of receipt, acquisition, sale or transfer of the weapon.

(2)An entry in the collection register may be corrected by putting a line through the incorrect words, without making the words illegible, and writing the correct words in a suitable place in the register.

45Definition for part

In this part—

employee of a security organisation includes a person engaged in any way by the security organisation to perform duties for it.

s 45 amd 1998 SL No. 103 s 3 sch

46Maximum term of security licence (guard)

The maximum term for which a security licence (guard) may be given is 1 year.

47Security guard to complete training course annually—Act, s 124

An applicant for renewal of a security licence (guard) must satisfactorily complete an approved safety training course (security guard) in the 60 day period immediately before the day of the application.

s 47 amd 2011 Act No. 37 s 42

48What security licence (guard) authorises

(1)A security licence (guard) may only be issued for a category C or H weapon that may be carried under section 54, or a category E weapon.

(1A)A security licence (guard) may only be issued to the following persons if the person holds a security officer’s licence under the Security Providers Act 1993 —

(a)an employed security guard;

(b)a security guard who is applying for the licence to guard another person’s property.

(2)Subject to subsection (1), a security licence (guard) authorises the licensee—

(a)if the licensee is an employee of the holder of a security licence (organisation)—to physically possess and use any weapon of the category endorsed on the licence in performing duties as a security guard for the employer; or

(b)to possess and use any weapon of the type endorsed on the licence in performing duties as a security guard in a business in which the licensee is the only person who performs security guard duties, but only if the duties are not performed under a contract or another arrangement with a security organisation.

(3)However, the licence does not authorise a security guard to possess or use a weapon—

(a)in a place if the reason or part of the reason the security guard is at the place is to maintain order at the place; or

(b)for private inquiry work; or

(c)for process serving or debt collection.

(3A)Also, the licence does not authorise a security guard to physically possess a weapon unless the security guard duties actually being performed reasonably necessitate the weapon’s physical possession.

Example of security guard duties which reasonably necessitate the physical possession of a weapon—

escorting cash or valuables

(4)If the duties as a security guard are performed as an employee, the licence only authorises the licensee to physically possess and use a weapon issued to the licensee by the employer during a shift worked for the employer.

(5)If the duties as a security guard are performed as an employee, the licensee must return the weapon to the employer at the premises where it was issued to the licensee at or before the end of the shift.

Maximum penalty—10 penalty units.

(6)However—

(a)if the employer required the security guard to perform security guard duties at least 250km from the premises where the weapon was issued (remote guard duties); and

(b)the security guard is no longer required to perform remote guard duties;

the shift lasts until the earliest practicable time at which the security guard can return the weapon to the employer after stopping performing remote guard duties.

(7)An individual who carries on business on the individual’s own account as a security guard must place the weapon in the individual’s secure storage facilities at the earliest practicable time after the individual stops performing the guard duties that reasonably necessitated the weapon’s physical possession.

Maximum penalty—10 penalty units.

s 48 amd 1998 SL No. 103 s 21

49Security licence (organisation)

(1)A security licence (organisation) may only be issued—

(a)to an organisation that holds a security firm’s licence under Security Providers Act 1993 ; and

(b)for a category C or H weapon that may be carried by a security guard under section 54 or a category E weapon.

(2)Subject to subsection (1), a security licence (organisation) authorises—

(a)the licensee to possess any weapon of the category endorsed on the licence in the course of the organisation’s conduct as a security organisation; and

(b)the organisation’s representative endorsed on the licence to physically possess the weapon (other than to perform duties as a security guard) in the course of the organisation’s conduct as a security organisation; and

(c)the organisation to allow its employees to have physical possession of the weapon in the course of the organisation’s conduct as a security organisation.

(3)However, a security organisation may only allow an employee (other than its endorsed representative) to physically possess a weapon if the employee holds a security licence (guard) or a firearms licence (instructor).

(4)A weapon may only be physically possessed or used to perform a security guard duty or for security guard training if it was issued by the licensee during a shift worked by the person to whom the weapon is issued.

(5)However, the licence does not authorise a person to physically possess or use a weapon, or authorise the organisation to allow an employee to physically possess a weapon—

(a)in a place if the reason or part of the reason the security guard is at the place is to maintain order at the place; or

(b)for private inquiry work; or

(c)for process serving or debt collection.

(6)Also, the licence does not authorise a person to physically possess a weapon unless the security guard duties actually being performed reasonably necessitate the physical possession of the weapon.

Example of security guard duties which reasonably necessitate the physical possession of a weapon—

escorting cash or valuables

s 49 amd 1998 SL No. 103 s 22

50Security precautions for security organisation

(1)An organisation that holds a security organisation licence must take reasonable precautions to ensure that weapons under the licence are not accessible to a person other than—

(a)the organisation’s endorsed representative; or

(b)an employee of the organisation who holds a security licence (guard) or a firearms licence (instructor).

Maximum penalty—10 penalty units.

(2)A weapon possessed under a security licence (organisation) that is not in the organisation’s physical possession must be stored unloaded on the premises stated in the licence in a locked safe or vault.

(3)The vault must be made of concrete or concrete blocks filled with concrete.

(4)The vault door—

(a)must be made of steel and have steel door jambs; and

(b)must have a built-in deadlock or combination lock; and

(c)must have hinges that are welded to the door and door jamb.

(5)The safe must be made of steel and—

(a)weigh at least 150kg; or

(b)be fixed to the premises by welding or hardened steel bolts at least 10mm in diameter.

(6)To prevent any doubt, it is declared that subsection (2) does not apply while a weapon is in the physical possession of a body’s representative endorsed on the licence, or another individual, under the authority of a licence held by the body.

s 50 amd 1997 SL No. 15 s 4; 1998 SL No. 103 s 23

51Employed security guard’s entries in security organisation register

(1)The information a security guard must record in the security organisation register under section 126 of the Act is as follows—

(a)the guard’s name and licence number;

(b)the weapon’s serial number;

(c)the date and time the guard took physical possession of the weapon;

(d)the date and time the guard returned the weapon to the security organisation;

(e)if the weapon was fired while in the guard’s physical possession—the identity of the person, if known, or the thing, at which the weapon was fired and the reason for firing;

(f)if the weapon left the guard’s physical possession before being returned to the security organisation—how it came to leave the guard’s possession and any information the guard has about the weapon’s possession or use while out of the guard’s possession.

(2)If the information is about—

(a)the issue of the weapon to the security guard—it must be entered when the weapon is issued; or

(b)anything else—it must be entered when the weapon is returned to the security organisation.

s 51 amd 1997 SL No. 15 s 5; 1998 SL No. 103 s 3 sch

51ASecurity guard’s entries in security guard’s register

(1)The information a security guard must record in the security guard’s register under section 126A of the Act is as follows—

(a)the guard’s name and licence number;

(b)the weapon’s serial number;

(c)the date and time the guard took physical possession of the weapon;

(d)the date and time the guard placed the weapon in the licensee’s secure storage facilities;

(e)if the weapon was fired while in the guard’s physical possession—the identity of the person, if known, or the thing, at which the weapon was fired, and the reason for firing;

(f)if the weapon left the guard’s physical possession during the time the weapon was away from the licensee’s secure storage facilities—how it came to leave the guard’s possession and any information the guard has about the weapon’s possession or use while out of the guard’s possession.

(2)If the information is about—

(a)taking physical possession of the weapon—it must be entered when physical possession is taken; or

(b)anything else—it must be entered at the earliest practicable time after the individual stops performing the guard duties that reasonably necessitated the weapon’s physical possession.

s 51A ins 1998 SL No. 103 s 24

52Security organisation register

(1)The information a security organisation must record in the security organisation register kept under section 128 (1) is as follows—

(a)for each occasion a security guard records information in the register—whether or not the person making the entry in the register on behalf of the organisation believes each entry made by the security guard is correct;

(b)if the person making the entry on behalf the organisation believes an entry is incorrect—the reasons for the belief;

(c)the name of the person making the entry in the register on behalf of the organisation.

(2)An entry required to be made by a security organisation must be made immediately after a security guard records information in the register under section 51.

(3)The entry must be made by a person other than the security guard to whom the entry relates unless the security guard is the representative of the organisation endorsed on the organisation’s licence.

(4)A police officer may require a security organisation to immediately produce its register to the police officer for inspection.

s 52 amd 1997 SL No. 15 s 6; 1998 SL No. 103 s 3 sch

53Restriction on type of ammunition security guard may use

(1)A person performing duties as a security guard must not use ammunition other than—

(a)for a category H weapon—factory loaded semi-wad cutter or hollow point projectiles or glasser safety cartridges; or

(b)for a category C shotgun—factory loaded cartridges with a pellet size not less than that of bird shot and not more than that of SSG.

Maximum penalty—10 penalty units.

(2)A person performing duties as a security guard, other than as an employee, must not use ammunition unless—

(a)the person purchased the ammunition new no more than 1 year before the day the duties are performed; or

(b)if paragraph (a) does not apply—the person is reasonably satisfied the ammunition was purchased new no more than 1 year before the day the duties are performed.

(3)An employer must not allow an employee performing duties as a security guard to use ammunition unless the employer issued the ammunition to the employee and—

(a)the employer purchased the ammunition new no more than 1 year before the day the duties are performed; or

(b)if paragraph (a) does not apply—the employer is reasonably satisfied the ammunition was purchased new no more than 1 year before the day the duties are performed.

s 53 amd 1997 SL No. 15 s 7

54Number of weapons a security guard may carry

(1)A person who is protecting another person’s property as a security guard must not carry a weapon other than—

(a)1 category H weapon of at least .22 calibre but not more than .40 calibre; or

(b)1 category C shotgun of 12, 16 or 20 gauge; or

(c)1 weapon mentioned in paragraph (a) and 1 weapon mentioned in paragraph (b).

Maximum penalty—10 penalty units.

(2)A person who is protecting the person’s own property as a security guard 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.

s 54 amd 1998 SL No. 103 s 25

55Applying for permit to acquire

An application for a permit to acquire may be made only—

(a)at a police station or police establishment; or

(b)in a way published on the QPS website including, for example, by submitting the application online.

s 55 sub 2010 SL No. 287 s 6

56Waiting period for decision on application for permit to acquire

(1)This section prescribes the period for section 42 of the Act.

(2)The period is 28 days after the day the applicant lodges the application for the permit to acquire the weapon.

(3)However, if—

(a)the applicant already holds a firearm under a licence; or

(b)an authorised officer is satisfied there are exceptional circumstances;

the period is the remainder of the day on which the applicant lodges the application for the permit.

s 56 sub 1998 SL No. 103 s 26

57Sale or acquisition of weapon through police officer—Act, s 35 (1) (b) (ii) and 36 (1) (b) (ii)

A person may acquire or sell a weapon through a police officer if—

(a)the nearest licensed dealer is more than 100km from the person’s usual place of residence; and

(b)the police officer is acting in his or her official capacity.

57ACategory H weapons—club letter certifying need for weapon

(1)This section applies to an applicant for a permit to acquire a category H weapon who relies, for the application, on a need to possess the weapon for sports or target shooting.

(2)The applicant must lodge a letter with the application containing the following information—

(a)the applicant’s name and address;

(b)the type of weapon for which the applicant is seeking a permit to acquire;

(c)the number and expiry date of the licence relied on to acquire the weapon;

(d)the name, and approved shooting club number, of the approved shooting club of which the applicant is a member;

(e)a certificate that the applicant—

(i)is a current member of the club; and

(ii)needs to use the weapon to engage in shooting activities as a member of the club, or in shooting activities of an approved shooting club affiliated with the club.

(3)The letter must be signed by the applicant, and the certificate must—

(a)be signed for the club by a member of the governing body of the certifying club; and

(b)state that fact.

s 57A ins 1998 SL No. 103 s 27

58Information to be given to authorised officer on acquisition

(1)For section 35 (2) (b) of the Act, the information is as follows—

(a)the dealer’s name and licence number;

(b)the name, address and licence number of the person disposing of the weapon;

(c)the date of the acquisition or sale;

(d)the type, action, make, model, serial number and calibre of the weapon;

(e)the magazine or chamber capacity of the weapon.

(2)The information must be written on the copy of the permit to acquire and signed by or for the dealer.

(3)For section 36 (2) of the Act, the information is as follows—

(a)the name, address and licence number of the acquirer of the weapon;

(b)the name, address and licence number of the person disposing of the weapon;

(c)the date of the acquisition or sale;

(d)the type, action, make, model, serial number and calibre of the weapon;

(e)the magazine or chamber capacity of the weapon;

(f)details of the lawful authority, justification or excuse.

(4)The information must be signed by or for the acquirer, and—

(a)if there is a permit to acquire—written on the copy of the permit to acquire;

(b)otherwise—given in writing.

(5)Information under this section must be sent by registered post to the commissioner to reach the commissioner within 14 days of the acquisition.

Editor’s note—

The address is Weapons Licensing Branch, GPO Box 892, Brisbane 4001.

s 58 amd 1997 SL No. 15 s 8

59Firearms to be kept unloaded other than when being used to shoot

(1)A person who has a firearm under his or her control (whether or not another has custody of it) must ensure the firearm is unloaded, other than when it is being used to shoot.

Example of what is, or is not, using a weapon 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 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 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 weapon under a security licence (guard); or

(b)while a weapon is loaded for the purpose of repairing it; or

(c)to a person doing an approved course of instruction under the supervision of a person holding a firearms licence (instructor).

60Storage of weapon not in licensee’s physical possession—secure storage facilities

(1)This section does not apply—

(a)to the extent that this regulation otherwise provides; or

(b)to a weapon possessed under an armourer’s, collector’s, dealer’s or theatrical ordnance supplier’s licence or a security licence (organisation); or

(c)to a weapon to which section 60A applies; or

(d)if section 60A does not apply to a weapon that is in or on a vehicle and section 61 is complied with.

(2)A person who possesses a weapon must, when the weapon is not in the person’s physical possession, store it unloaded in a locked container with the bolt removed or the action broken.

(3)The container must—

(a)for a category D, H or R weapon—be a rigid structure made of solid steel and be bolted to the frame or floor of a permanent building; or

(b)for another weapon—

(i)be a rigid structure made of solid steel or solid timber; and

(ii)if the container weighs less than 150kg—be securely fixed to the frame or floor of a permanent building.

(4)The container must also—

(a)have a sturdy combination lock, keyed lock or keyed padlock; and

(b)always be locked (other than for the time necessary to insert or remove a weapon, or something else, for a proper purpose).

(5)However, a person who possesses a weapon must, when the weapon is not in the person’s physical possession, store it in the way provided in sections 39 to 43, if there are, at the premises where the weapon is, more than—

(a)for category A, B, C or D weapons—a total of 30 of any of those weapons; or

(b)30 category H weapons.

(6)To prevent any doubt, it is declared that subsection (2) does not apply while a weapon is in the physical possession of a body’s representative endorsed on the licence, or another individual, under the authority of a licence held by the body.

s 60 amd 1998 SL No. 103 s 28; 2003 SL No. 134 s 9; 2004 SL No. 228 s 11

60AStorage of weapon not in licensee’s physical possession—when away from secure storage facilities

(1)This section applies to a weapon in the possession of a person who is—

(a)the holder of a visitor’s licence; or

(b)a visitor to Queensland to whom section 32 (1) of the Act applies; or

(c)another person if—

(i)the person is away from the person’s secure storage facilities; and

(ii)it is unreasonable for the person to have to go to those facilities to store the weapon.

(2)A person who possesses a weapon to which this section applies must, when the weapon is not in the person’s physical possession, store it unloaded in—

(a)a securely closed container with the bolt removed or with a trigger lock fitted; or

(b)a locked container.

Example—

When culling animals, X moves, with a rifle, between paddocks and crosses public roads that divide the paddocks. While the rifle is in X’s physical possession during the cull subsection (2) does not apply.

Notes—

1See the Act, section 57 for the prohibition of particular conduct involving a weapon in a public place.

2See the Act, section 58 for the general prohibition of dangerous conduct involving a weapon.

(3)The container must be—

(a)out of sight in a locked room of a permanent building; or

(b)locked in the boot of a vehicle; or

(c)out of sight, locked in a vehicle that does not have a boot.

s 60A ins 1998 SL No. 103 s 29

amd 2012 SL No. 187 s 10

61Safety precautions for weapons in or on vehicles

(1)A person in control of a weapon (whether or not the person has custody of it) must ensure the weapon is not placed in or on a vehicle unless—

(a)if the vehicle has a lockable boot—the weapon is locked in the boot; or

(b)otherwise—

(i)the weapon is locked in a metal container fixed to the vehicle; or

(ii)the weapon is in a securely closed container that is out of sight in a vehicle.

Maximum penalty—10 penalty units.

(2)The metal container, and anything on or attached to it, must not suggest a weapon is inside.

Editor’s note—

See section 62 (Restrictions on dispatching weapons—Act, s 66) for examples of things that suggest a weapon is inside.

(3)A person in control of a weapon (whether or not the person has custody of it) must ensure the weapon is not left in an unlocked vehicle if the vehicle is not being attended by someone licensed to possess the weapon.

Maximum penalty—10 penalty units.

(4)This section does not apply to a weapon to which section 60A applies.

s 61 amd 1998 SL No. 103 s 30

61ALicensed collector who wants to move weapons to a place outside Queensland

(1)This section applies if a licensed collector wants to move weapons to which the licence relates from premises specified in the licence to a place outside Queensland.

(2)For section 83 (2) of the Act, the licensed collector must apply to an authorised officer for a decision whether an authorised officer is satisfied that the way of transporting the weapons ensures their safekeeping whilst in Queensland.

s 61A ins 2006 SL No. 290 s 3

62Restrictions on dispatching weapons—Act, s 66

(1)A weapon may only be dispatched unloaded.

(2)A person who is not a licensed dealer or armourer may only dispatch a weapon to a licensed dealer or armourer or a police officer acting in his or her official capacity.

(3)A weapon may only be dispatched—

(a)if the dispatcher is not a licensed dealer—by registered post; or

(b)if the dispatcher is a licensed dealer—by registered post or using a person to whom section 2 (1) (l) (i) of the Act applies.

Editor’s note—

The Act, section 2 (1) (l) (i) exempts from the Act persons actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of a licensed dealer.

(4)A weapon may only be dispatched inside a sturdy, securely closed container.

(5)The container, and anything on or attached to it (other than an address), must not suggest a weapon is inside.

Examples of how a container or something on or attached to it may indicate a weapon is inside—

1The container’s shape or other features is like a weapon.

2A mark or label on the container mentions weapons, ammunition or X’s Gun Shop, (other than as part of an address).

s 62 amd 1997 SL No. 382 s 2 sch

63Authorised officer may approve safe storage measures equivalent to those required under this regulation

(1)An authorised officer may, on written application, give the applicant written approval to take a particular safety measure for the safe storage of weapons instead of a measure required under this regulation.

(2)The authorised officer must be satisfied—

(a)the proposed safety measure gives at least the same level of safety and security as the replaced measure; or

(b)for a licensed dealer who stocks a maximum of 20 firearms—the proposed measure is adequate to ensure the safety and security of the firearms.

(3)Compliance by the applicant with the approved measure is taken to be compliance with the replaced measure.

63AStorage of restricted items

(1)A person who possesses a restricted item must, when the item is not in the person’s physical possession, store it in a locked container.

Maximum penalty—10 penalty units.

(2)A person who possesses a restricted item must take reasonable precautions to ensure the item is not accessible to persons who are not lawfully entitled to possess the item.

Maximum penalty—10 penalty units.

s 63A ins 1998 SL No. 103 s 31

64How to apply for a shooting club permit or approval to conduct an arms fair or shooting gallery

(1)An application to conduct an arms fair must be made at, or sent to, a police station or establishment.

Editor’s note—

The application must be in or to the effect of the approved form. See the Act, section 80 (Application for approval).

(2)An application for a shooting club permit or an approval to conduct a shooting gallery must be in the approved form and made at, or sent to, a police station or establishment.

65How arms fair to be approved

(1)For section 80 (2) of the Act, the authorised officer in approving an application is to act, as far as possible and with all necessary changes, in the same way as for the approval of an application for a licence.

(2)However—

(a)a time period relating to a licence application does not apply to an application for an arms fair; and

(b)an approval may be in writing instead of in the approved form.

66Exemption from provision of Act

(1)An application for an exemption under section 2 (1) (m) of the Act must be in writing, accompanied by the prescribed fee, and made at, or sent to, a police station or establishment.

(2)The exemption must be in writing and may state conditions.

(3)The exemption holder must comply with the conditions.

Maximum penalty—20 penalty units.

(4)The commissioner may amend or cancel the exemption at any time by notice given to the exemption holder.

(5)An amendment or cancellation under subsection (4) takes effect—

(a)on the day when the notice mentioned in subsection (4) is given to the exemption holder; or

(b)if a later day is stated in the notice—on the stated day.

(6)If the commissioner is satisfied it is unreasonable to require visitors to Queensland to apply personally at a police station or police establishment for a visitors licence, the commissioner may, by gazette notice, exempt visitors to Queensland from the application of the part of section 13 of the Act that imposes the requirement.

s 66 amd 1997 SL No. 382 s 2 sch; 2011 Act No. 37 s 43

67Term of approvals and exemptions

An approval or exemption under the Act is for the term stated on the approval or exemption, or if no term is stated, for 5 years.

pt hdg prev pt 11 hdg exp 30 September 1998 (see s 72)

pres pt 11 hdg ins 2003 SL No. 134 s 10

div hdg ins 2003 SL No. 134 s 10

68Production of category H weapons to establish barrel length

(1)This section applies to the holder of a concealable firearms licence for sports or target shooting.

(2)To establish the barrel length of each category H weapon registered to the holder under the licence, an authorised officer may require the holder to produce each weapon to an authorised officer at a stated time and place.

(3)The holder must comply with the requirement, unless the holder has a reasonable excuse.

Maximum penalty—10 penalty units.

s 68 prev s 68 exp 30 September 1998 (see s 72)

pres s 68 ins 2003 SL No. 134 s 10

68AEstablishing barrel length of 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 weapon’s manufacturer’s specification stated on the barrel may be considered.

(4)In this section—

breech face of a category H weapon includes the weapon’s chamber.

s 68A ins 2003 SL No. 134 s 10

68BAccredited events—Act, sch 2

For schedule 2 of the Act, each of the following handgun shooting competitions is an accredited event for a weapon that has a calibre of .45 inch or less and with a magazine with a maximum capacity of 10 rounds or less—

(a)a metallic silhouette competition;

(b)a single-action competition.

Editor’s note—

See the Act, schedule 2 (Dictionary) for the definition accredited event and section 132 (Conditions for concealable firearms licence).

s 68B ins 2003 SL No. 134 s 10

68CLimits on use of category H weapon

(1)The holder of a concealable firearms licence for sports or target shooting must not use a category H weapon that has a calibre of more than .38 inch in a handgun shooting competition that is not an accredited event.

Maximum penalty—10 penalty units.

(2)In this section—

category H weapon does not include a black-powder pistol.

s 68C ins 2003 SL No. 134 s 10

68CAProhibition on possession of particular magazines—category B weapons

(1)This section applies to the holder of a firearms licence who is the registered owner of a category B weapon under the licence.

(2)The holder must not possess a magazine—

(a)if the category B weapon has a lever or pump action—with a maximum capacity of more than 10 rounds for the weapon; or

(b)if the category B weapon is a repeating centre fire rifle—with a maximum capacity of more than 15 rounds for the weapon.

Maximum penalty—10 penalty units.

(3)However, subsection (2) does not apply if—

(a)the holder is the registered owner of a category D or R weapon, held under another licence, in which the magazine is able to be lawfully used; or

(b)a condition of the holder’s firearms licence authorises possession of a magazine with a maximum capacity of more than 10 or 15 rounds.

s 68CA ins 2011 Act No. 37 s 44

68DProhibition on possession of particular magazines—category H weapons

(1)This section applies to the holder of a concealable firearms licence for sports or target shooting who is the registered owner of a category H weapon under the licence.

(2)The holder must not possess a magazine with a maximum capacity of more than 10 rounds for the weapon.

Maximum penalty—10 penalty units.

s 68D ins 2003 SL No. 134 s 10

amd 2011 Act No. 37 s 45

68EProhibition on possession of certain magazines

Subject to sections 68CA and 68D, a person must not possess—

(a)a magazine for a category C, D, R or H weapon unless the person holds a licence under the Act; or

(b)a magazine for a category A or B weapon unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

s 68E ins 2003 SL No. 134 s 10

amd 2011 Act No. 37 s 46

68FNotice of acquisition of antique handgun for registration

(1)A person who acquires an antique handgun must, by written notice given within 14 days after acquiring the antique handgun, give the commissioner the following information—

(a)the person’s name and address;

(b)the type, make, calibre, action, magazine capacity and any serial number of the antique handgun;

(c)the place where the antique handgun is generally kept.

Maximum penalty—10 penalty units.

(2)This section does not apply to the acquisition of an antique handgun, if the acquisition consists only of a person taking possession of the handgun—

(a)to repair it; or

(b)to store it, if the person is an armourer storing it for someone else; or

(c)on a temporary basis for not more than 3 months without giving consideration for the acquisition or for the handgun.

(3)In this section—

acquire an antique handgun means purchase, accept or receive or otherwise take possession of the handgun.

s 68F ins 2003 SL No. 134 s 10

68GParticipation record information

(1)For section 134 (3) of the Act, the following information is prescribed—

(a)the date and place of each handgun shooting competition or club organised shoot in which the licensee participated;

(b)for each handgun shooting competition or club organised shoot—

(i)the types of events in which the licensee participated; and

(ii)the class of category H weapon used by the licensee; and

Editor’s note—

See the Weapons Categories Regulation 1997 , section 7AA for the classes of category H weapons.

(iii)the name and the firearms licence number of the range officer who supervised the licensee;

(c)for each handgun shooting competition or club organised shoot conducted outside Queensland—the name and the firearms licence number or driver licence number of the official supervising the competition or shoot.

(2)For section 97 (3) (c), a range use register must include the details prescribed under subsection (1) (a) and (b).

s 68G ins 2003 SL No. 134 s 10

68HProfessional carers—Act, s 151 (4)

(1)For section 151 (4) of the Act, the following persons are professional carers—

(a)a social worker who is engaged in providing health services prescribed in subsection (2);

(b)a professional counsellor who is engaged in providing health services prescribed in subsection (2).

(2)For section 151 (4) of the Act, the following services are health services—

(a)hospital or nursing home services;

(b)medical, pharmaceutical, paramedical or mental health services;

(c)ambulance services;

(d)community welfare services that are government funded.

(3)In this section—

government funded means funded or partly funded by a State or the Commonwealth.

professional counsellor means a person who is employed, either under a contract of service or a contract for services, as a counsellor.

social worker means a person who is employed, either under a contract of service or a contract for services, as a social worker.

s 68H ins 2003 SL No. 134 s 10

68IPart of a prohibited handgun—Act, ss 174 and 175

(1)This section applies for sections 174 and 175 of the Act.

(2)For the holder of a concealable firearms licence for sports or target shooting, each of the following things is part of a prohibited handgun—

(a)a barrel, breechbolt, cylinder, frame, magazine, operating mechanism, receiver, top slide or trigger mechanism of a prohibited handgun;

(b)an accessory for a prohibited handgun, including, for example, a speed loader or special holster.

(3)For a licensed dealer or licensed armourer, each of the following things is part of a prohibited handgun—

(a)a barrel, breechbolt, cylinder, frame, magazine, operating mechanism, receiver, top slide or trigger mechanism of a prohibited handgun;

(b)an accessory for a prohibited handgun, including, for example, a speed loader or special holster;

(c)a pin, screw or spring for a prohibited handgun;

(d)cartridge ammunition that is commercially available for a prohibited handgun that has a calibre of more than 38 inch;

(e)any other minor component of a prohibited handgun.

(4)However, subsection (3) does not apply to a part of a prohibited handgun that can be used for, or as part of, a weapon that is not a prohibited handgun.

s 68I ins 2003 SL No. 134 s 10

68JCompensation—prohibited handguns and parts of prohibited handguns

(1)For section 175 (4) (a) of the Act, the amount of compensation payable for a prohibited handgun, or part of a prohibited handgun, is—

(a)for a prohibited handgun, or part of a prohibited handgun, stated in the agreement with the Commonwealth mentioned in section 175 (2) of the Act—the amount stated in the agreement; or

Editor’s note—

The agreement is an agreement between the Commonwealth and the State concerning the accountability and administrative procedures for the handgun buyback.

(b)for a prohibited handgun, or part of a prohibited handgun, that is not stated in the agreement—the amount decided by the commissioner.

(2)For subsection (1) (b)—

(a)the claimant may make a written submission about the amount of compensation payable; and

(b)the commissioner must consider—

(i)all written submissions made by the claimant; and

(ii)any other relevant information given to the commissioner.

(3)For section 175 (8) of the Act, compensation under that section is payable to a licensed dealer or licensed armourer only if the dealer or armourer—

(a)complies with subsection (6); and

(b)gives the commissioner a written list detailing all the prohibited handguns, and parts of a prohibited handguns, for which compensation will be sought (the compensation list).

(4)The compensation list must be given on or before a day specified by the commissioner in a written notice to the dealer or armourer.

(5)The day specified must be at least 21 days after the day on which the notice is given to the dealer or armourer.

(6)For section 175 (8) of the Act, compensation under that section is payable only if the following conditions are complied with—

(a)the claimant must produce the claimant’s licence to the commissioner;

(b)the claimant must surrender the prohibited handgun, or part of a prohibited handgun, to the commissioner before receiving the compensation;

(c)the claimant must accept the compensation by signing the approved form.

(7)In this section—

claimant means an entity mentioned in section 175 (1) of the Act.

s 68J ins 2003 SL No. 134 s 10

amd 2003 SL No. 357 s 6

68KCompensation—other handguns and related matters

(1)For section 176 (1) of the Act, compensation is payable to—

(a)the holder of a concealable firearms licence for sports or target shooting for—

(i)a compensable category H weapon registered to the holder under the licence; or

(ii)a part of a compensable category H weapon; and

(b)the holder of a collector’s licence (weapons) for a modern handgun registered to the holder under the licence.

(2)The amount of compensation payable for a compensable category H weapon, or part of a compensable category H weapon, is—

(a)for a compensable category H weapon, or part of a compensable category H weapon, stated in the Commonwealth agreement—the amount stated in the agreement; or

(b)for a compensable category H weapon, or part of a compensable category H weapon, that is not stated in the Commonwealth agreement—the amount decided by the commissioner.

(3)For subsection (2) (b)—

(a)the holder may make a written submission about the amount of compensation payable; and

(b)the commissioner must consider—

(i)all written submissions made by the holder; and

(ii)any other relevant information given to the commissioner.

(4)The commissioner must inform the holder of a concealable firearms licence for sports or target shooting that the holder can not apply for another concealable firearms licence for sports or target shooting within 5 years after receiving compensation.

(5)For section 176 (2) of the Act, compensation under that section is payable only if the following conditions are complied with—

(a)for the holder of a concealable firearms licence—

(i)the holder must surrender every category H weapon registered to the holder under the licence to the commissioner before receiving the compensation; and

(ii)the holder must surrender the concealable firearms licence to the commissioner; and

(iii)the holder must accept the compensation by signing the approved form;

(b)for the holder of a collector’s licence (weapons)—

(i)the holder must produce to the commissioner the holder’s collector’s licence (weapons) and the licence must not authorise the possession of a modern handgun; and

(ii)the holder must surrender every modern handgun registered to the holder under the licence to the commissioner before receiving the compensation; and

(iii)the holder must accept the compensation by signing the approved form.

s 68K ins 2003 SL No. 134 s 10

amd 2003 SL No. 357 s 7

68LDisclosing licence information to approved clubs and societies

(1)If an authorised officer—

(a)revokes or suspends the concealable firearms licence of a member of an approved pistol club; or

(b)becomes aware that the concealable firearms licence of a member of an approved pistol club has expired and not been renewed;

the authorised officer must disclose this information to the approved pistol club.

(2)If an authorised officer—

(a)revokes or suspends the collector’s licence (weapons) of a member of an approved historical society; or

(b)becomes aware that the collector’s licence (weapons) of a member of an approved historical society has expired and not been renewed;

the authorised officer must disclose this information to the approved historical society.

(3)If an authorised officer—

(a)revokes or suspends a miscellaneous weapons licence for a category M crossbow held by a member of an approved weapons club; or

(b)becomes aware that a miscellaneous weapons licence for a category M crossbow held by a member of an approved weapons club has expired and not been renewed;

the authorised officer must disclose this information to the approved weapons club.

s 68L ins 2003 SL No. 134 s 10

amd 2004 SL No. 228 s 12

68MDefinition of black-powder pistol

For schedule 2 of the Act, a black-powder pistol is a firearm that—

(a)is less than 75cm in length; and

(b)is either—

(i)a muzzle loading firearm; or

(ii)a cap and ball firearm; and

(c)does not accept cartridge ammunition.

s 68M ins 2003 SL No. 134 s 10

div hdg ins 2003 SL No. 134 s 10

69AApplication for approval

(1)Application may be made to an authorised officer to grant approval to a body, whether incorporated or unincorporated, as an approved historical society.

(2)The application must—

(a)be in the approved form; and

(b)provide the further particulars reasonably required by the authorised officer.

s 69A ins 2003 SL No. 134 s 10

69BAuthorised officer may approve historical society

(1)The authorised officer may approve a body only if satisfied—

(a)the primary purpose of the body is the study, preservation or collection of firearms; and

(b)the application complies with section 69A; and

(c)each individual member of the governing body of the body is an appropriate person; and

(d)if section 69E applies to the application—the section has been complied with and the person nominated under section 69E (2) is an appropriate person.

(2)If the authorised officer grants approval of the body as an approved historical society, the authorised officer must give the body a permit (historical society permit).

s 69B ins 2003 SL No. 134 s 10

69CAuthorised officer to give reasons for refusing to approve

(1)If the authorised officer is not satisfied about the matters mentioned in section 69B, the authorised officer must refuse to grant approval of the body as an approved historical society.

(2)The authorised officer must give the body a written notice stating the reasons for the refusal.

s 69C ins 2003 SL No. 134 s 10

69DConditions to apply to approval

(1)If the authorised officer grants approval under section 69B, the authorised officer may impose conditions on the approval.

(2)In imposing conditions, the authorised officer must have regard to the need to protect persons from death or injury, and property from unlawful destruction or damage.

(3)The conditions must be specified in the historical society permit or by written notice given to the approved historical society.

(4)Without limiting the conditions that may be imposed on a historical society permit, the permit may authorise the historical society to conduct up to 2 society events in each year.

(5)In deciding whether to impose a condition authorising the conduct of a society event, the authorised officer must consider at least the following—

(a)the nature of the event, including, for example, the historical significance of the event;

(b)the types of weapons to be discharged in the event.

(6)To remove any doubt, the provisions of this division relating to conditions on a historical society permit apply to a condition imposed under subsection (4).

s 69D ins 2003 SL No. 134 s 10

amd 2003 SL No. 357 s 9

69EA representative is required for some applications

(1)This section applies only if an application under section 69A is made by an unincorporated body.

(2)The application must nominate an adult individual to be the body’s representative if the approval is granted.

(3)The nominated person must hold the position in the body in which the person is charged with responsibility for the conduct of the activities of the body (the responsible position).

(4)If a historical society permit is granted on the application, the nominated person is taken to be the historical society’s representative for the purpose of the permit (the representative), until ceasing to be the representative under section 69G.

(5)The approved historical society must ensure that, at all times while the permit is in effect, it maintains an appropriate person in the responsible position.

s 69E ins 2003 SL No. 134 s 10

69FDuty of representative

The representative must exercise all reasonable diligence to ensure the approved historical society and its members comply with this division.

Maximum penalty—10 penalty units.

s 69F ins 2003 SL No. 134 s 10

69GChange of representative

(1)A person stops being the representative of an approved historical society if the person stops holding the society’s responsible position.

(2)If a person stops being the representative, the person must give written notice to an authorised officer within 28 days.

Maximum penalty—10 penalty units.

(3)The person who occupies an approved historical society’s responsible position after another person stops being the representative must give written notice (the representative notice) to an authorised officer within 28 days.

(4)If the authorised officer accepts a representative notice from a person—

(a)the person becomes the representative; and

(b)the authorised officer must give written notice of the acceptance to the representative.

(5)The authorised officer must refuse to accept the representative notice unless the authorised officer is satisfied the person who gave the representative notice—

(a)occupies the responsible position in the approved historical society; or

(b)is an appropriate person.

(6)The refusal must be by written notice to the person who gave the representative notice stating reasons for the refusal.

s 69G ins 2003 SL No. 134 s 10

69HHow to decide whether an individual is an appropriate person

(1)In deciding whether an individual is an appropriate person for the purpose of this division, an authorised officer may have regard only to—

(a)whether the individual demonstrates knowledge and understanding of the obligations of an approved historical society and the individual’s proposed position under this Act; and

(b)whether the individual is a person of good repute; and

(c)whether the individual is the holder of a licence.

(2)The authorised officer may obtain—

(a)a report from the commissioner about the criminal history of the person; or

(b)if the person holds or previously held in another State a relevant licence, permit, authority or position—a report from the appropriate authority in the other State.

s 69H ins 2003 SL No. 134 s 10

69IAuthorised officer may amend permit conditions

(1)An authorised officer may amend the conditions applying to a historical society permit of an approved historical society—

(a)on the application of the historical society; or

(b)on the initiative of the authorised officer.

(2)In making an amendment under subsection (1), the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.

(3)Before making an amendment under subsection (1) (b), the authorised officer must—

(a)give written notice to the historical society informing it—

(i)of the proposed amendment; and

(ii)that it may make written submissions to the authorised officer about the proposed amendment before a specified day, not earlier than 21 days after the notice is given to the historical society; and

(b)have regard to submissions made to the authorised officer by the historical society before the specified day.

(4)If the authorised officer amends the conditions, the authorised officer must give written notice of the amendment to the historical society.

(5)The amendment takes effect—

(a)on the day the written notice of the amendment is given to the historical society; or

(b)if a later day is specified in the notice—the specified day.

(6)An authorised officer may refuse to make an amendment under subsection (1) (a) by written notice given to the historical society stating the reasons for the refusal.

s 69I ins 2003 SL No. 134 s 10

69JAuthorised officer may make temporary amendment of conditions

(1)An authorised officer may make a temporary amendment of the conditions applying to a historical society permit of an approved historical society if the authorised officer reasonably considers it is necessary to make the amendment to protect a person from death or injury, or property from unlawful destruction or damage.

(2)An authorised officer may make an amendment under subsection (1) by written notice given to the historical society stating the reasons for the amendment.

(3)The amendment takes effect on the day the written notice of the temporary amendment is given to the historical society or, if a later day is specified in the notice, the specified day.

(4)The amendment has effect for 28 days unless—

(a)the notice specifies a shorter period; or

(b)the authorised officer extends the amendment for a single further specified period, not longer than 28 days.

(5)An authorised officer may extend an amendment under subsection (4) (b) by written notice given to the historical society stating the reasons for the extension.

s 69J ins 2003 SL No. 134 s 10

69KRevoking or suspending permit

(1)An authorised officer may revoke or suspend the historical society permit of an approved historical society if—

(a)the historical society contravenes this Act; or

(b)the historical society contravenes a condition applying to the permit; or

(c)the authorised officer reasonably believes it is likely a member of the historical society or the public will suffer injury or loss if the permit is not revoked or suspended.

(2)The authorised officer must give written notice of the revocation or suspension to the historical society.

(3)The notice must specify—

(a)the reasons for the revocation or suspension; and

(b)if the permit has been suspended—the day the suspension ends.

(4)The revocation or suspension takes effect on the day the notice is given to the historical society or, if a later day is specified in the notice, the specified day.

(5)A historical society permit that is suspended stops having effect until the suspension ends.

(6)If a historical society permit is revoked or suspended, the approval of the relevant body as an approved historical society is revoked or suspended.

s 69K ins 2003 SL No. 134 s 10

69LService of notice on approved historical society

(1)A notice required or permitted by this division to be served on an approved historical society may be served on the society’s representative.

(2) Subsection (1) does not affect the operation of any other law that authorises the service of the document in another way.

s 69L ins 2003 SL No. 134 s 10

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70ADefinitions for part

In this part—

crossbow club means—

(a)an archery organisation; or

(b)a historical or military re-enactment organisation that demonstrates the use of category M crossbows; or

(c)a genuine historical or military re-enactment organisation that gives training in the use of category M crossbows.

weapons club means—

(a)a crossbow club; or

(b)a recreational shooting club.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70BWeapons club must be approved by authorised officer

A person must not conduct a weapons club unless it is approved by an authorised officer.

Maximum penalty—20 penalty units.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70CApplication for club approval

(1)Application may be made to an authorised officer to approve a weapons club.

(2)The application must—

(a)be in the approved form; and

(b)provide the further particulars reasonably required by the authorised officer.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70DAuthorised officer may approve weapons club

(1)The authorised officer may approve a weapons club only if satisfied—

(a)the primary purpose of the club is—

(i)for a crossbow club—

(A)to conduct the sport of target shooting with category M crossbows; or

(B)the study, preservation or collection of category M crossbows; or

(C)to give training in the use of category M crossbows; or

(ii)for a recreational shooting club—recreational shooting; and

(b)the application complies with section 70C (2); and

(c)each individual member of the governing body of the weapons club is an appropriate person; and

(d)if section 70G applies to the application—the section has been complied with and the person nominated under section 70G (2) is an appropriate person; and

(e)for a club that conducts a shooting range—the location, construction and equipment of each shooting range, or proposed shooting range, of the club is appropriate having regard to the need to protect persons from death or injury and property from unlawful destruction or damage.

(2)If the authorised officer grants the approval, the authorised officer must give the club an approval.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70EAuthorised officer to give reasons for refusing to grant approval

(1)If the authorised officer is not satisfied about the matters mentioned in section 70D, the authorised officer must refuse to grant the approval.

(2)The authorised officer must give the body a written notice stating the reasons for the refusal.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70FConditions to apply to approval

(1)If the authorised officer grants the approval under section 70D, the authorised officer may impose conditions on the approval.

(2)When imposing conditions, the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.

(3)The conditions must be specified in the approval or in a written notice given to the applicant.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70GA representative is required for some applications

(1)This section applies only if an application under section 70C is made by an unincorporated body or association of persons.

(2)The application must nominate an adult individual to be the club’s representative if the approval is granted.

(3)The nominated person must hold the position in the club in which the person is charged with responsibility for the conduct of the activities of the club (the responsible position).

(4)If the approval is granted, the nominated person is taken to be the club’s representative for the purpose of the approval (the representative), until the nominated person stops being the representative under section 70I.

(5)The club must ensure that, at all times while the approval is in effect, it maintains an appropriate person in the responsible position.

Maximum penalty for subsection (5)—20 penalty units.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70HDuty of representative

The representative must exercise all reasonable diligence to ensure the weapons club and its members comply with this part.

Maximum penalty—20 penalty units.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70IChange of representative

(1)A person stops being the representative of an approved weapons club if the person stops holding the club’s responsible position.

(2)If a person stops being the representative, the person must give written notice to an authorised officer within 28 days.

Maximum penalty—20 penalty units.

(3)The person who occupies an approved weapons club’s responsible position after another person stops being the representative must give written notice (the representative notice) to an authorised officer within 28 days.

Maximum penalty—20 penalty units.

(4)If the authorised officer accepts a representative notice from a person—

(a)the person becomes the representative; and

(b)the authorised officer must give written notice of the acceptance to the representative.

(5)The authorised officer may refuse to accept the representative notice if the authorised person is not satisfied that the person who gave the representative notice—

(a)occupies the responsible position in the weapons club; or

(b)is an appropriate person.

(6)The refusal must be by written notice to the person who gave the representative notice and must state the reasons for the refusal.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70JHow to decide whether an individual is an appropriate person

(1)When deciding whether an individual is an appropriate person for the purpose of this part, an authorised officer may have regard only to—

(a)whether the individual demonstrates knowledge and understanding of the obligations of an approved weapons club and the individual’s proposed position under this Act; and

(b)whether the individual is a person of good repute; and

(c)whether the individual is the holder of a licence.

(2)The authorised officer may obtain—

(a)a report from the commissioner about the criminal history of the person; or

(b)if the person holds or previously held in another State a relevant licence, permit, authority or position—a report from the appropriate authority in the other State.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70KAuthorised officer may amend approval conditions

(1)An authorised officer may amend the conditions applying to a weapons club approval—

(a)on the application of the club; or

(b)on the initiative of the authorised officer.

(2)When amending a condition, the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.

(3)Before amending a condition on his or her initiative, the authorised officer must—

(a)give written notice to the club informing it—

(i)of the proposed amendment; and

(ii)that it may make written submissions to the authorised officer about the proposed amendment before a specified day, not earlier than 21 days after the notice is given to the club; and

(b)have regard to submissions made to the authorised officer by the club before the specified day.

(4)If an authorised officer amends the conditions, the authorised officer must give written notice of the amendment to the weapons club.

(5)The amendment takes effect on—

(a)the day that the written notice of the amendment is given to the club; or

(b)if a later day is specified in the notice—the specified day.

(6)An authorised officer may refuse to amend a condition on the application of a weapons club by giving the club a written notice that states the reasons for the refusal.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70LAuthorised officer may make temporary amendment of conditions

(1)An authorised officer may make a temporary amendment of the conditions applying to a weapons club’s approval if the authorised officer reasonably believes that it is necessary to make the amendment to protect persons from death or injury or property from unlawful destruction or damage.

(2)An authorised officer may amend a condition by giving the weapons club a written notice that states the reasons for the amendment.

(3)The amendment takes effect on—

(a)the day that the written notice is given to the weapons club; or

(b)if a later day is specified in the notice—the specified day.

(4)The amendment has effect for 28 days unless—

(a)the notice specifies a shorter period; or

(b)the authorised officer extends the amendment for a single further specified period of not longer than 28 days.

(5)An authorised officer may extend an amendment under subsection (4) (b) by giving the weapons club a written notice that states the reasons for the extension.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70MSuspending or cancelling approval

(1)An authorised officer may suspend or cancel a weapons club’s approval if—

(a)the club contravenes the Act; or

(b)the club contravenes a condition applying to the approval; or

(c)the authorised officer reasonably believes it is likely a member of the club or the public will suffer injury or loss if the approval is not suspended or cancelled.

(2)The authorised officer must give written notice of the suspension or cancellation to the club.

(3)The notice must state—

(a)the reasons for the suspension or cancellation; and

(b)if the approval has been suspended—the day on which the suspension ends.

(4)The suspension or cancellation takes effect on—

(a)the day that the notice is given to the weapons club; or

(b)if a later day is specified in the notice—the specified day.

(5)A weapons club’s approval that is suspended stops having effect until the suspension ends.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70NClub must keep range use register books

(1)If a crossbow club conducts a range, it is a condition of the club’s approval that the club must—

(a)keep a range use register; and

(b)ensure the register is available at all times when the range is being conducted by the club.

(2)Before a person discharges a weapon at the range, the person must—

(a)if the person is a licensee—produce the person’s licence to a range officer at the range; and

(b)enter in the range use register the details provided for under subsection (3).

Maximum penalty—20 penalty units.

(3)The register must include provision for—

(a)the person’s identity; and

(b)the category of weapon the person will discharge at the range.

(4)It is a condition of a crossbow club’s approval that the club ensure that, before a person is allowed to use the range, a range officer of the club—

(a)inspects the entry made by the person in the register; and

(b)endorses the entry as correct.

(5)The endorsement of the entry must clearly identify the person who makes the endorsement.

(6) Subsections (2) (a) and (4) do not apply to a range officer of the club who discharges a weapon at the range.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

70OService of notice on approved weapons club

(1)A notice under this part may be served on an approved weapons club by serving it on the club’s representative.

(2) Subsection (1) does not affect the operation of any other law that authorises the service of the document in another way.

pt 11A (ss 70A–70O) ins 2004 SL No. 228 s 13

73Modifying firearm to make it permanently inoperable—Act, s 7

(1)For section 7 (1) of the Act, the way to modify a firearm to make it permanently incapable of being discharged is—

(a)the way mentioned, for the firearm, in schedule 2A; or

(b)the way approved under subsection (2).

(2)An authorised officer may, on written application, give the applicant written approval to make a particular firearm or type of firearm incapable of being discharged, in a stated way.

(3)However, the authorised officer must be satisfied that the way proposed to be approved gives at least the same level of inoperability as compliance with schedule 2A would give.

s 73 amd 1998 SL No. 103 s 32; 2011 Act No. 37 s 47

74Fees

(1)The fees payable under the Act (other than a brokerage fee) are prescribed in schedule 1.

(2)If a person applies for a miscellaneous weapons licence to authorise in substance what the person may already do under an exemption granted under section 2 (1) (m) of the Act, the person is exempt from the fee for the licence.

(2A)The fee for a group licence is the total of the application fees for each class of licence mentioned in section 25B that is appropriate to the weapons to which the application relates.

(3)If the holder of a licence applies for a licence of the same class with an endorsement for additional weapons and the licence will expire on the same day as the holder’s existing licence the only fee payable is $8.

(4)If an application for a licence, licence renewal, approval, permit or exemption is refused, the fee less $20 for administration must be refunded.

(5)The brokerage fee under section 35 (3) of the Act is $10.

(6)The fees (other than a brokerage fee) and penalties payable under the Act are to be paid to the consolidated fund and costs incurred in relation to proceedings under the Act are payable from the consolidated fund.

s 74 amd 1997 SL No. 274 s 4; 1997 SL No. 382 s 2 sch; 1998 SL No. 103 s 33; 2012 SL No. 131 s 7

75Minimum age to possess safety equipment for boat or aircraft

For section 2 (1) (k) of the Act, the age is exactly 17.

s 75 amd 1997 SL No. 382 s 2 sch

77Supervision of experienced minor who is at least 11 years at approved range

(1)For section 52 (2) (b), a minor who is at least 11 years may be supervised directly by a range officer or a range officer’s appointee if—

(a)the minor has fired a weapon at an approved range on at least 3 separate occasions; and

(b)no more than 6 minors to whom paragraph (a) applies are supervised by the range officer at the same time.

(2)In this section—

range officer’s appointee means an adult appointed by the range officer for the purpose who holds a licence authorising possession of the weapon being used by the minor.

s 77 amd 1997 SL No. 382 s 2 sch

78Conditions may be imposed about reporting of injuries and property damage at ranges—Act, ss 89(2)(c) and 103(2)(b)

(1)For section 89 (2) (c) of the Act, an authorised officer may impose a condition on a shooting club permit requiring the permit holder to give to an authorised officer, within 14 days of the club’s nominee first becoming aware, or suspecting, that a prescribed event has happened at a shooting range used by the club, written notice of the event.

(2)For section 103 (2) (b) of the Act, an authorised officer may impose a condition on an approval for a range for weapons target shooting requiring the holder of the approval to give to an authorised officer, within 14 days of the holder first becoming aware, or suspecting, that a prescribed event has happened at the range, written notice of the event.

(3)The notice may only relate to injury or damage caused by a firearm used at the range, other than damage to a target or a thing designed as a bullet barrier.

(4)In this section—

prescribed event means an injury to a person or damage to property at or in the vicinity of a shooting range.

79Entities prescribed as government service entities and functions prescribed for them and their employees for the Act’s non-application

Schedule 2 sets out the following—

(a)the entities that are government service entities for section 2 (9) of the Act, definition government service entity, paragraph (c);

(b)the functions of the entities for section 2 (2) (b) of the Act;

(c)the functions of the entities’ employees for section 2 (2) (b) of the Act.

s 79 sub 1997 SL No. 274 s 5

amd 2011 Act No. 37 s 48

80How handcuffs or batons must be worn

(1)A person must not wear handcuffs or a telescopic baton unless the handcuffs or baton are fully concealed in a closed pouch.

Maximum penalty—10 penalty units.

(2)A person must not wear a baton (other than a telescopic baton) unless it is secured in a suitable holder that is securely attached to a belt around the person’s waist.

Maximum penalty—10 penalty units.

(3)In this section—

wear does not include wear during a performance, demonstration or re-enactment.

s 80 ins 1998 SL No. 103 s 34

81Persons prescribed to be primary producers

For section 5 of the Act, definition primary producer, a primary producer includes a holder of a commercial fishers licence under the Fisheries Act 1994 .

s 81 ins 1998 SL No. 103 s 34

pt hdg orig pt 13 hdg ins 2003 SL No. 134 s 11

exp 30 June 2004 (see s 88)

prev pt 13 hdg ins 2004 SL No. 228 s 15

exp 31 October 2005 (see s 83)

pres pt 13 hdg ins 2006 SL No. 290 s 4

82Transitional provision for Weapons Amendment Regulation (No. 1) 2006—application for approval to transfer collection of weapons to other premises

(1)This section applies if an application for approval to transfer a collection of weapons to other premises was made, but has not been decided before the commencement of this section.

(2)The application must be decided as if the Weapons Amendment Regulation (No. 1) 2006 had not been made.

(3)If the other premises are outside Queensland, section 61A does not apply to the proposed transfer.

s 82 orig s 82 ins 2003 SL No. 134 s 11

exp 30 June 2004 (see s 88)

prev s 82 ins 2004 SL No. 228 s 15

exp 31 October 2005 (see s 83)

pres s 82 ins 2006 SL No. 290 s 4

83Transitional provision for Weapons Amendment Regulation (No. 1) 2006—approval to alter firing range etc.

(1)This section applies if an application for approval for an approved shooting club to alter, modify or permit alteration or modification, of the actual firing range or butts of the firing line in a material way was made, but has not been decided before the commencement of this section.

(2)The application must be decided as if the Weapons Amendment Regulation (No. 1) 2006 had not been made.

s 83 orig s 83 ins 2003 SL No. 134 s 11

exp 30 June 2004 (see s 88)

prev s 83 ins 2004 SL No. 228 s 15

exp 31 October 2005 (see s 83)

pres s 83 ins 2006 SL No. 290 s 4

section 74 (1)

sch 1 amd 1997 SL No. 15 s 9; 1997 SL No. 274 s 6; 1997 SL No. 382 s 2 sch

sub 2001 SL No. 187 s 4

amd 2003 Act No. 92 s 81

sub 2003 SL No. 357 s 11; 2004 SL No. 228 s 16; 2005 SL No. 254 s 3; 2006 SL No. 290 s 5; 2007 SL No. 178 s 5; 2009 SL No. 229 s 5; 2010 SL No. 179 s 6; 2011 SL No. 272 s 3; 2012 SL No. 131 s 8; 2013 SL No. 125 s 6; 2014 SL No. 76 s 4; 2015 SL No. 56 s 15

section 14A

sch 1A ins 2004 SL No. 228 s 16

amd 2011 Act No. 37 s 49; 2014 SL No. 103 s 39

section 79

sch hdg ins 1997 SL No. 274 s 7

sub 2011 Act No. 37 s 50

1Queensland Corrective Services

(1)Queensland Corrective Services (QCS) is a government service entity.

(2)QCS’s prescribed functions are the functions that QCS is authorised to perform under the Corrective Services Act 2006 .

(3)The prescribed functions of a QCS employee are the functions of a corrective services officer that the employee performs for QCS when QCS is performing the prescribed functions mentioned in subsection (2).

s 1 ins 1997 SL No. 274 s 7

amd 1997 SL No. 382 s 3

sub 2011 Act No. 37 s 50

2GEO Group Australia Pty Ltd

(1)The GEO Group Australia Pty Ltd ABN 24 051 130 600 (GEO) is a government service entity.

(2)GEO’s prescribed functions are the functions that GEO is authorised, by the chief executive (corrective services), to perform under the Corrective Services Act 2006 , section 272.

(3)The prescribed functions of a GEO employee are the functions of a corrective services officer that the employee performs for GEO when GEO is performing the prescribed functions mentioned in subsection (2).

s 2 ins 1997 SL No. 274 s 7

amd 1997 SL No. 382 s 4

sub 2011 Act No. 37 s 50

3Serco Australia Pty Ltd

(1)Serco Australia Pty Ltd ABN 44 003 677 352 (SA) is a government service entity.

(2)SA’s prescribed functions are the functions that SA is authorised, by the chief executive (corrective services), to perform under the Corrective Services Act 2006 , section 272.

(3)The prescribed functions of a SA employee are the functions of a corrective services officer that the employee performs for SA when SA is performing the prescribed functions mentioned in subsection (2).

s 3 ins 1997 SL No. 274 s 7

amd 1997 SL No. 382 s 5

sub 2011 Act No. 37 s 50

4Queensland Fire and Emergency Service

(1)Queensland Fire and Emergency Service (QFES), is a government service entity only for the purposes of acquiring, possessing and using incendiary devices that are category M weapons.

(2)QFES’s prescribed functions are its functions under an Act that necessitate the acquisition, possession or use of an incendiary device that is a category M weapon to prevent and control fires.

(3)The prescribed functions of a QFES employee are the functions the employee performs when QFES is performing the prescribed functions mentioned in subsection (2).

s 4 ins 1998 SL No. 103 s 35

amd 2002 SL No. 266 s 4; 2003 SL No. 134 s 12

sub 2011 Act No. 37 s 50

amd 2014 Act No. 17 sch 1 pt 4

5Public Safety Business Agency

(1)The Public Safety Business Agency (the PSBA) is a government service entity.

(2)The PSBA’s prescribed functions are the functions the PSBA has under the Public Safety Business Agency Act 2014.

(3)The prescribed functions of a PSBA employee are the functions the employee performs for the PSBA when the PSBA is performing the prescribed functions mentioned in subsection (2).

s 5 ins 2014 Act No. 17 sch 1 pt 4

section 73 (1) (a)

1Methods

(1)A firearm may be modified to make it permanently incapable of being discharged by—

(a)fusion welding under part 2; or

(b)sectioning under part 3.

(2)However, a firearm made of light alloy or plastic may only be modified to make it permanently incapable of being discharged by sectioning under part 3.

2Purpose

(1)The purpose of fusion welding is to weld material into the barrel of a firearm, and to weld all major parts of the firearm in a way that can not be reversed.

(2)The purpose of sectioning is to machine or mill all major parts of a firearm in a way that can not be reversed and to expose the internal mechanism of the firearm to enable it to be used for display or instructional purposes.

3Bolt action rifle

A bolt action rifle may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a calibre size hole in the chamber;

(b)inserting a close fitting steel rod in the barrel and welding at the muzzle and breech;

(c)completely breaking off, grinding off or removing the firing pin;

(d)welding the trigger to the receiver;

(e)welding the bolt to the receiver either—

(i)through the magazine well or the ejection port; or

(ii)along the exposed surface of the bolt for at least 80 per cent of the bolt’s length;

(f)cutting off the magazine lips and removing the spring and follower;

(g)if the rifle has a quick detachable barrel—welding the barrel to the receiver;

(h)if the rifle has a tube type magazine—cutting off the crimped end of the guide, if any, and removing the spring and follower.

4Self-loading rifle

A self-loading rifle may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a calibre size hole in the chamber;

(b)inserting a close fitting steel rod in the barrel and welding at the muzzle and breech;

(c)completely breaking off, grinding off or removing the firing pin;

(d)welding the trigger to the receiver;

(e)welding the bolt to the receiver either—

(i)through the magazine well or the ejection port; or

(ii)along the exposed surface of the bolt for at least 80 per cent of the bolt’s length;

(f)cutting off the magazine lips and removing the spring and follower;

(g)if the rifle has a quick detachable barrel—welding the barrel to the receiver;

(h)if the rifle has a tube type magazine—cutting off the crimped end of the guide, if any, and removing the spring and follower;

(i)if the rifle has a gas piston—removing the gas piston and spring, if any, and filling the gas block with weld.

5Pump action rifle

A pump action rifle may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a calibre size hole in the chamber;

(b)inserting a close fitting steel rod in the barrel and welding at the muzzle and breech;

(c)completely breaking off, grinding off or removing the firing pin;

(d)welding the trigger to the receiver;

(e)welding the bolt to the receiver either—

(i)through the magazine well or the ejection port; or

(ii)along the exposed surface of the bolt for at least 80 per cent of the bolt’s length;

(f)welding the action arm to the receiver or barrel;

(g)if the rifle has a quick detachable barrel—welding the barrel to the receiver;

(h)if the rifle has a tube type magazine—cutting off the crimped end of the guide, if any, and removing the spring and follower.

6Lever action rifle

A lever action rifle may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a calibre size hole in the chamber;

(b)inserting a close fitting steel rod in the barrel and welding at the muzzle and breech;

(c)completely breaking off, grinding off or removing the firing pin;

(d)welding the trigger to the receiver;

(e)welding the bolt to the receiver either—

(i)through the magazine well or the ejection port; or

(ii)along the exposed surface of the bolt for at least 80 per cent of the bolt’s length;

(f)welding the lever or link to the receiver;

(g)if the rifle has a quick detachable barrel—welding the barrel to the receiver;

(h)if the rifle has a tube type magazine—cutting off the crimped end of the guide, if any, and removing the spring and follower.

7Muzzle loading rifle

A muzzle loading rifle may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a calibre size hole in the chamber;

(b)inserting a close fitting steel rod in the barrel and welding at the muzzle;

(c)welding the flash hole closed;

(d)welding the trigger to the receiver;

(e)welding the hammer to the receiver.

8Single or double barrel shotgun

A single or double barrel shotgun may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a hole, approximately 60 per cent of the bore size, just forward of the chamber (or chambers);

(b)inserting a close fitting steel plug of the length of the chamber in the chamber (or chambers) and welding at the breech;

(c)completely breaking off, grinding off or removing the firing pins, or welding them to the receiver;

(d)welding the trigger to the receiver;

(e)welding the breech lever to the receiver;

(f)welding the barrel or the barrel lug, with a substantial weld, to the receiver to prevent the barrel opening;

(g)if the shotgun has exposed hammers—welding the hammers to the side plates or the receiver.

9Pump action shotgun

A pump action shotgun may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a hole, approximately 60 per cent of the bore size, just forward of the chamber;

(b)inserting a close fitting steel plug of the length of the chamber in the chamber and welding at the breech;

(c)completely breaking off, grinding off or removing the firing pin;

(d)welding the trigger and hammer to the receiver;

(e)welding the bolt to the receiver either—

(i)through the magazine well or the ejection port; or

(ii)along the exposed surface of the bolt for at least 80 per cent of the bolt’s length;

(f)welding the action arm to the receiver or barrel;

(g)cutting off the magazine lips and removing the spring and follower;

(h)if the shotgun has a quick detachable barrel—welding the barrel to the receiver;

(i)if the shotgun has a tube type magazine—cutting off the crimped end of the guide, if any, and removing the spring and follower.

10Self-loading shotgun

A self-loading shotgun may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a hole, approximately 60 per cent of the bore size, just forward of the chamber;

(b)inserting a close fitting steel plug of the length of the chamber in the chamber and welding at the breech;

(c)completely breaking off, grinding off or removing the firing pin;

(d)welding the trigger and hammer to the receiver;

(e)welding the bolt to the receiver either—

(i)through the magazine well or the ejection port; or

(ii)along the exposed surface of the bolt for at least 80 per cent of the bolt’s length;

(f)cutting off the magazine lips and removing the spring and follower;

(g)if the shotgun has a quick detachable barrel—welding the barrel to the receiver;

(h)if the shotgun has a tube type magazine—cutting off the crimped end of the guide, if any, and removing the spring and follower;

(i)if the shotgun has a gas piston—removing the gas piston and spring, if any, and filling the gas block with weld.

11Revolver

A revolver may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a calibre size hole in barrel as close to the forcing cone as possible;

(b)inserting a close fitting steel rod in the barrel and cylinder and welding at the muzzle;

(c)welding the trigger and hammer to the frame;

(d)welding the cylinder to the frame;

(e)if the remover is a break type—welding the top strap closed.

12Self-loading pistol

A self-loading pistol may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a calibre size hole in the chamber;

(b)inserting a close fitting steel rod in the barrel and welding at the muzzle;

(c)welding the trigger to the receiver;

(d)cutting off the magazine lips and removing the spring;

(e)welding the barrel to the slide;

(f)welding the slide with a substantial weld to the frame;

(g)if the pistol has an exposed hammer—welding the hammer to the frame;

(h)filling the top of the magazine well with weld.

13Submachine gun or select fire assault rifle

A submachine gun or select fire assault rifle may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a calibre size hole in the chamber;

(b)inserting a close fitting steel rod in the barrel and welding at the muzzle and breech;

(c)completely breaking off, grinding off or removing the firing pin;

(d)welding the bolt to the receiver either—

(i)through the magazine well or the ejection port; or

(ii)along the exposed surface of the bolt for at least 80 per cent of the bolt’s length;

(e)cutting off the magazine lips and removing the spring and follower;

(f)filling the magazine with weld;

(g)welding the trigger to the receiver;

(h)removing all internal working parts that can not be seen from the outside.

14Machine gun

A machine gun may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)boring a calibre size hole in the chamber;

(b)inserting a close fitting steel rod in the barrel and welding at the muzzle and breech;

(c)completely breaking off, grinding off or removing the firing pin;

(d)welding the bolt to the receiver either—

(i)through the magazine well or the ejection port; or

(ii)along the exposed surface of the bolt for at least 80 per cent of the bolt’s length;

(e)cutting off the magazine lips and removing the spring and follower;

(f)filling the magazine with weld;

(g)welding the trigger to the receiver;

(h)removing all internal working parts that can not be seen from the outside;

(i)filling all internal recesses with weld;

(j)if the machine gun has a feed cover—welding the feed cover to the receiver.

15Firearms

A firearm, other than a pistol, may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)in relation to the bolt—

(i)machining away 1 side of the bolt face with a 45 degree backward facing cut to allow enough remaining material to hold the firing pin, extractor and ejector; and

(ii)ensuring the cut breaks through the side of the bolt; and

(iii)removing at least 50 per cent of the locking surface to a depth of at least 4mm; and

(iv)shortening the firing pin so that it does not protrude beyond the bolt face;

(b)in relation to the barrel—

(i)machining away at least 80 per cent of the chamber length, ensuring the cut—

(A)is of a width of at least ¹/₃ of the chamber’s diameter; or

(B)removes at least a ¹/₄ section of the chamber; and

(ii)from the point where the barrel extends from the chamber, machining away at least 15mm of the barrel, ensuring the cut—

(A)is of a width of at least ¹/₃ of the barrel’s diameter; or

(B)removes at least a ¹/₄ section of the barrel;

(c)in relation to the gas system, if any—

(i)machining a flat surface along the length of the piston head, ensuring the cut removes at least ¹/₃ of the diameter of the piston head; and

(ii)making a cut in the cylinder that is equal in width to the lesser of the following—

(A) ¹/₂ of the diameter of the inside cylinder for the distance of the piston travel;

(B)10mm; and

(iii)machining a slot to remove at least ¹/₂ of the diameter of the gas port for a distance of at least ¹/₂ of its length;

(d)in relation to the receiver—

(i)making a cut in the ring to match a cut in the chamber; and

(ii)making another cut that removes at least 50 per cent of the locking surface to a depth of at least 4mm (or, if there is a removable locking shoulder, through the locking shoulder and at least 4mm into the supporting material); and

(iii)making a cut that removes the greater of the following—

(A)50 per cent of the side of the receiver (left or right);

(B)an area of the side of the receiver (left or right) that is 35mm²; and

(iv)ensuring the cut mentioned in subparagraph (iii) is in the area of the locking surface or between the locking surface and the breech face (the cut does not need to be exposed); and

(v)if the firearm has an upper and a lower receiver—

(A)sectioning both receivers; and

(B)sectioning the hinge point on the lower receiver by removing a ¹/₄ section across it; and

(vi)weakening the rear locking pin by machining away at least 50 per cent of its cross section;

(e)in relation to the hammer, trigger and sear, either—

(i)machining a slot 2mm deep across the face of the hammer so that the hammer can not make contact with the firing pin; or

(ii)weakening the trigger or the sear by making a cut of a minimum width of 5mm through 50 per cent of its thickness or width;

(f)if the firearm is of a belt-fed type—weakening the feed pawls and actuating arms by making a cut of at least 5mm through at least 50 per cent of its thickness or width.

16Pistol

A pistol may be modified to make it permanently incapable of being discharged by doing all of the following—

(a)making a cut, that is the same size as the pistol’s calibre, for the full length of the chamber;

(b)removing at least 50 per cent of the thickness of the barrel lug where it makes contact with the locking surface or takedown pin in the frame;

(c)removing at least ¹/₂ of the breech face for a distance of at least 20mm;

(d)removing at least ¹/₂ of 1 side of the slide rail;

(e)removing at least ²/₃ of the opposite corner of the frame rail;

(f)machining away at least ¹/₂ of the locking shoulders of the barrel, slide and frame;

(g)sectioning halfway through the sears;

(h)removing at least 3mm of the hammer face;

(i)removing at least 5mm from the nose of the firing pin.

sch 2A ins 2011 Act No. 37 s 51

section 2A

amnesty period means the amnesty period declared under section 168B of the Act for part 8, division 2 of the Act.

Commonwealth agreement means the agreement with the Commonwealth mentioned in section 175 (2) of the Act.

compensable category H weapon means a category H weapon for which the State may receive reimbursement under the Commonwealth agreement.

employee, for part 7, see section 45.

historical society permit, for part 11, division 2, see section 69B (2).

part of a compensable category H weapon means any of the following parts of a compensable category H weapon for which the State may receive reimbursement under the Commonwealth agreement—

(a)a barrel, breechbolt, cylinder, frame, magazine, operating mechanism, receiver, top slide or trigger mechanism;

(b)an accessory for the weapon, including, for example, a speed loader or special holster.

QPS website ...

def QPS website ins 2010 SL No. 287 s 7

om 2011 Act No. 37 s 52

recreational shooting club means a club that—

(a)owns rural land on which the club’s members shoot; or

(b)has written permission from a landowner authorising members of the club to shoot on the landowner’s rural land.

def recreational shooting club ins 2004 SL No. 228 s 17

representative, for part 11, division 2, see section 69E (4).

representative notice, for part 11, division 2, see section 69G (3).

responsible position, for part 11, division 2, see section 69E (3).

society event means an event that involves the discharge of category H weapons by members of an approved historical society, including, for example, in a re-enactment of a historical event.

sch 3 ins 2003 SL No. 357 s 12