Weapons Act 1990


Queensland Crest
Weapons Act 1990
Queensland Weapons Act 1990 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Queensland Community Safety Bill 2024. This indicative reprint has been prepared for information only— it is not an authorised reprint of the Act . Some enacted but uncommenced amendments included in the Public Records Act 2023 No. 33 have also been incorporated in this indicative reprint. The point-in-time date for this indicative reprint is the introduction date for the Queensland Community Safety Bill 2024—1 May 2024. Detailed information about indicative reprints is available on the Information page of this website.
© State of Queensland 2024 This work is licensed under a Creative Commons Attribution 4.0 International License.
Not authorised —indicative only Queensland Weapons Act 1990 Contents Part 1 Division 1 1 2 3 4 Division 2 5 5A 5B 5C 5D 6 6A 6B 6C 7 8 8A Part 2 9 10 10A 10AA 10B 10C 11 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Principles and object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 How object is to be achieved for firearms . . . . . . . . . . . . . . . . . . 18 Interpretation Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Meaning of class A serious offence . . . . . . . . . . . . . . . . . . . . . . . 19 Meaning of class B serious offence . . . . . . . . . . . . . . . . . . . . . . . 20 Meaning of class C serious offence . . . . . . . . . . . . . . . . . . . . . . 20 Meaning of disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Meaning of heirloom firearm . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 What is a replica . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Meaning of security guard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Meaning of public monument . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 How a firearm is made permanently inoperable . . . . . . . . . . . . . 23 How a firearm is made temporarily inoperable . . . . . . . . . . . . . . 24 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Licences Issue, renewal, endorsement and alteration of licences . . . . . . . 24 Limitations on issue of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Adequate knowledge of weapon . . . . . . . . . . . . . . . . . . . . . . . . . 27 Approval of training courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Fit and proper person—licensees . . . . . . . . . . . . . . . . . . . . . . . . 29 Fit and proper person—licensed dealer’s associate . . . . . . . . . . 31 Genuine reasons for possession of a weapon . . . . . . . . . . . . . . 32
Not authorised —indicative only Weapons Act 1990 Contents 12 13 14 15 16 18 18AA 18AB 18A 18B 18C 18D 19 20 20A 21 22 23 24 25 25A 26 27 27A 27B 28 28A 29 29A 29B Licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Inquiries into application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Authorised officer decides application . . . . . . . . . . . . . . . . . . . . . 37 Issue of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Renewal of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Alternative provision for renewal application if licensee is an individual 40 What is required information for s 18AA . . . . . . . . . . . . . . . . . . . 41 Additional application requirements for collector’s licence (weapons) for category H weapon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Additional application requirements for concealable firearms licence 43 Additional application requirements for dealer’s licence . . . . . . . 45 Delegation by representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Notice of rejection of application to issue or renew licence . . . . . 46 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Continuation of licence until renewal application dealt with . . . . 47 Certain licences transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Reporting loss, destruction or theft of licence . . . . . . . . . . . . . . . 48 Replacement licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Change in licensee’s circumstances . . . . . . . . . . . . . . . . . . . . . . 49 Authorised officer may amend licence conditions . . . . . . . . . . . . 51 Authorised officer may require information about licensed dealer’s associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Change of approved place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Effect of temporary protection order, police protection notice or release conditions on licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Notice of intention to revoke because dealer’s associate is not fit and proper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Suspension of licence by giving suspension notice . . . . . . . . . . 55 Revocation or suspension of licence and related matters after protection order is made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Revocation of licence by giving revocation notice . . . . . . . . . . . . 57 Action by court if respondent has access to weapons through employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Arrangements for surrender of suspended or revoked licences and weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Page 2
30 31 32 33 34 34AA Part 3 Division 1 34A Division 2 35 36 37 Division 3 38 39 40 41 42 43 44 45 46 47 48 Division 3A 48A 48B Division 4 49 Part 4 Division 1 49A 50 50A 50B Weapons Act 1990 Contents Suspension or revocation notice . . . . . . . . . . . . . . . . . . . . . . . . . 63 Licensee’s representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Temporary recognition of interstate licences for particular purposes 65 Interstate residents moving to Queensland . . . . . . . . . . . . . . . . . 66 Contravention of licence condition . . . . . . . . . . . . . . . . . . . . . . . 67 Effect of an appeal against a domestic violence order . . . . . . . . 67 Acquisition, sale and disposal of weapons Preliminary Definitions for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Acquisition, sale and disposal of weapons Acquisition of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Sale or disposal of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Advertising sale of firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Permits to acquire Issue etc. of permits to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Limitations on issue of permits to acquire . . . . . . . . . . . . . . . . . . 72 Application for permit to acquire . . . . . . . . . . . . . . . . . . . . . . . . . 73 Inquiries into application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Authorised officer decides application . . . . . . . . . . . . . . . . . . . . . 77 Issue of permit to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Notice of rejection of application for permit to acquire . . . . . . . . 77 Term of permit to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Reporting loss, destruction or theft of permit to acquire . . . . . . . 78 Replacement permit to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Surrender of permit to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Marking serial numbers on unmarked firearms Marking serial numbers on unmarked firearms . . . . . . . . . . . . . . 79 Approval of alternative way of marking serial number . . . . . . . . . 80 Firearms register Commissioner to maintain firearms register . . . . . . . . . . . . . . . . 81 Possession and use of weapons General Authority given by licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Possession of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Possession of unregistered firearms . . . . . . . . . . . . . . . . . . . . . . 86 Unlawful supply of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Page 3 Not authorised —indicative only
Weapons Act 1990 Contents Not authorised —indicative only 51 52 53 54 55 55A 56 57 58 59 60 60A 61 62 63 64 65 66 67 Division 2 68 69 70 70A 71 72 73 74 Division 3 75 76 77 Page 4 Possession of a knife in a public place or a school . . . . . . . . . . . 88 Physical possession and use of weapon sometimes allowed for the purpose of training a minor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 An unlicensed person may use a weapon at an approved range 91 Possession or use of weapon by unlicensed person in primary production sometimes allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Use of weapons by particular unlicensed persons at shooting gallery allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Possession of weapons supplied by theatrical ordnance supplier 95 Discharge of weapon on private land without owner’s consent prohibited 95 Particular conduct involving a weapon in a public place prohibited 96 Dangerous conduct with weapon prohibited generally . . . . . . . . 97 Possession or use of weapon under the influence of liquor or a drug prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Secure storage of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Lost or stolen weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Shortening firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Modifying construction or action of firearms . . . . . . . . . . . . . . . . 99 Altering identification marks of weapons . . . . . . . . . . . . . . . . . . . 100 Obtaining weapons by deceit . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Unlawful trafficking in weapons . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Dispatch of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Possessing and acquiring restricted items . . . . . . . . . . . . . . . . . 102 Dealers, armourers and employees Dealers to be licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Armourers to be licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Employees of dealers and armourers . . . . . . . . . . . . . . . . . . . . . 106 Obligations of armourers when modifying firearm to become different category of weapon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Licensed dealers and armourers to keep register . . . . . . . . . . . . 106 Annual returns by licensed dealers . . . . . . . . . . . . . . . . . . . . . . . 108 Dealer etc. to require information . . . . . . . . . . . . . . . . . . . . . . . . 108 Licensed dealer or armourer taken to be in unlawful possession 109 Collectors Collector to be licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Collector’s licence (heirloom) . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Collector’s licence (weapons) . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
78 79 80 81 82 83 84 Division 4 85 86 87 88 89 90 91 92 93 94 95 96 97 98 98A 98B Division 5 99 100 101 102 103 104 105 106 107 108 109 Weapons Act 1990 Contents Weapons not to be discharged or operated . . . . . . . . . . . . . . . . Approval of arms fair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Collectors to keep register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of register and weapons . . . . . . . . . . . . . . . . . . . . . . . . Licensed collector leaving Queensland . . . . . . . . . . . . . . . . . . . . Licensed collector taken to be in unlawful possession . . . . . . . . Approved shooting clubs Only an approved shooting club may conduct target shooting . . Application for shooting club permit . . . . . . . . . . . . . . . . . . . . . . Authorised officer may grant or refuse shooting club permit . . . . Authorised officer to give reasons for refusing to grant permit . . Conditions to apply to permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representative required for application . . . . . . . . . . . . . . . . . . . . Duty of representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change of representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to decide whether an individual is an appropriate person . . Authorised officer may amend permit conditions . . . . . . . . . . . . Authorised officer may make temporary amendment of conditions Revoking or suspending permit . . . . . . . . . . . . . . . . . . . . . . . . . . Club must keep range use register books . . . . . . . . . . . . . . . . . . Service of notice on approved shooting club . . . . . . . . . . . . . . . . Limitation on organised target shooting . . . . . . . . . . . . . . . . . . . Membership of approved pistol clubs . . . . . . . . . . . . . . . . . . . . . Approved ranges Application for range approval . . . . . . . . . . . . . . . . . . . . . . . . . . . Limits on approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised officer may grant or refuse range approval . . . . . . . . Authorised officer to give reasons for refusing to grant approval Conditions to apply to approval . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised officer may amend approval conditions . . . . . . . . . . . Authorised officer may make temporary amendment of conditions Suspending or revoking approval . . . . . . . . . . . . . . . . . . . . . . . . Range can be dealt with in conjunction with shooting club permit Responsibilities of range operator . . . . . . . . . . . . . . . . . . . . . . . . Responsibilities of range officer . . . . . . . . . . . . . . . . . . . . . . . . . 110 110 111 111 112 113 113 113 114 114 115 115 115 116 116 117 118 119 119 120 121 121 121 122 122 122 123 123 123 124 125 126 126 127 Page 5 Not authorised —indicative only
Not authorised —indicative only Weapons Act 1990 Contents 110 Division 6 111 112 113 113A 113B 113C 114 Division 7 115 116 117 118 119 120 121 122 Division 8 123 124 125 126 126A 127 128 129 Part 5 Division 1 130 131 132 Responsibilities of person attending an approved range . . . . . . 127 Shooting galleries Approval of shooting galleries . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Representative of holder of approval . . . . . . . . . . . . . . . . . . . . . 129 Authorised officer may amend approval conditions . . . . . . . . . . . 130 Authorised officer may make temporary amendment of conditions 131 Suspending or revoking approval . . . . . . . . . . . . . . . . . . . . . . . . 132 Conduct of persons resorting to shooting galleries . . . . . . . . . . . 132 Theatrical ordnance suppliers and other associated matters Theatrical ordnance suppliers to be licensed . . . . . . . . . . . . . . . 133 Employees of theatrical ordnance suppliers . . . . . . . . . . . . . . . . 133 Theatrical ordnance supplier to keep register . . . . . . . . . . . . . . . 134 Weapons may be supplied for theatre, film and television productions 135 Supervision of use of weapons in theatre, film and television productions 135 Removal of register and weapons . . . . . . . . . . . . . . . . . . . . . . . . 136 Annual returns by licensed theatrical ordnance supplier . . . . . . . 136 Licensed theatrical ordnance supplier taken to be in unlawful possession 137 Security guards and security organisations Armed security guard must be licensed . . . . . . . . . . . . . . . . . . . 137 Training courses for security guards . . . . . . . . . . . . . . . . . . . . . . 137 Control of possession and use of weapons by security guards . 138 Employed security guard must record prescribed information . . 138 Obligation of security guard carrying on business to keep register 138 Obligations of security organisation in relation to the possession or use of a weapon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Obligations of security organisation in relation to register . . . . . . 139 Obligation of members of governing body of security organisation 140 Additional requirements in relation to category H weapons Requirements for holders of concealable firearms licence Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Limitation on number of concealable firearms particular licensees may acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Conditions for concealable firearms licence . . . . . . . . . . . . . . . . 142 Page 6
Weapons Act 1990 Contents Not authorised —indicative only 133 134 135 136 137 Division 2 138 Division 3 139 140 141 141A Division 4 141B Part 5A Division 1 141C 141D Division 2 Subdivision 1 141E 141F Subdivision 2 141G 141H 141I 141J 141K 141L Subdivision 3 141M 141N 141O Subdivision 4 Participation conditions for concealable firearms licence . . . . . . 143 Licensees to keep participation record . . . . . . . . . . . . . . . . . . . . 145 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . 147 Notice to dispose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Requirements for collectors Condition for collector’s licence (weapons) . . . . . . . . . . . . . . . . . 148 Requirements for approved pistol clubs Endorsement of participation record . . . . . . . . . . . . . . . . . . . . . . 149 Approved pistol club to give report about members . . . . . . . . . . 149 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . 150 Disclosure requirements for approved pistol clubs and approved historical societies Disclosure requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Firearm prohibition orders Preliminary Purpose of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Making firearm prohibition orders Considerations for making firearm prohibition orders Matters to consider for making firearm prohibition orders—adults 153 Matters to consider for making firearm prohibition orders—children 155 Making of firearm prohibition orders Commissioner may make firearm prohibition orders . . . . . . . . . . 156 Court may make firearm prohibition orders . . . . . . . . . . . . . . . . . 156 Content of firearm prohibition orders . . . . . . . . . . . . . . . . . . . . . . 157 When firearm prohibition orders take effect . . . . . . . . . . . . . . . . 158 Parent and particular chief executives to be notified of orders in relation to children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Further firearm prohibition orders may be made . . . . . . . . . . . . . 159 Applications to court for firearm prohibition orders Applications to court by commissioner . . . . . . . . . . . . . . . . . . . . 160 Responses to applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Continuation of firearm prohibition orders if application made to court 161 Service of firearm prohibition orders and directions relating to Page 7
Not authorised —indicative only Weapons Act 1990 Contents 141P 141Q 141R 141S 141T 141U Division 3 141V 141W 141X 141Y 141Z 141ZA 141ZB Division 4 141ZC 141ZD 141ZE 141ZF 141ZG 141ZH Division 5 141ZI 141ZJ 141ZK 141ZL 141ZM Division 6 141ZN 141ZO 141ZP 141ZQ 141ZR service Personal service of firearm prohibition orders . . . . . . . . . . . . . . . 162 Power to give directions to facilitate personal service of firearm prohibition orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Limits on directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Powers relating to particular directions . . . . . . . . . . . . . . . . . . . . 164 Offence warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Offence to contravene direction . . . . . . . . . . . . . . . . . . . . . . . . . 166 Effect of firearm prohibition orders and offences Licenses, permits and approvals automatically revoked if firearm prohibition order made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Surrender of authorities, firearms and firearm related items . . . . 167 Collection of firearms in particular circumstances . . . . . . . . . . . . 169 Acquiring, possessing and using firearms and firearm related items 169 Supply of firearms and firearm related items . . . . . . . . . . . . . . . . 170 Attending particular premises and events . . . . . . . . . . . . . . . . . . 171 Notifying commissioner of change of address . . . . . . . . . . . . . . . 171 Powers relating to firearm prohibition orders Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 When powers may be exercised . . . . . . . . . . . . . . . . . . . . . . . . . 172 Power to search individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Power to search vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Power to search premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Power to seize items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Annual review of firearm prohibition orders in relation to children Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Applications for review by commissioner . . . . . . . . . . . . . . . . . . 174 Content of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Responses to applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Conduct of reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Appeals Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 How to start appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Effect of firearm prohibition orders not stayed by appeal . . . . . . 178 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Page 8
141ZS Division 7 141ZT 141ZU 141ZV Part 6 142 142AA 142A 145 Part 7 150 151 151A 151B 151C 151D 152 153 154 155 157 158 159 161 161A 161B 163 164 165 166 167 168 168A Weapons Act 1990 Contents Powers of appellate court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Miscellaneous Confidentiality of criminal intelligence . . . . . . . . . . . . . . . . . . . . . 179 Records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Limitations on particular delegations . . . . . . . . . . . . . . . . . . . . . . 182 Rights of review and other appeals Right to apply for review of decisions . . . . . . . . . . . . . . . . . . . . . 182 Notices must be QCAT information notices . . . . . . . . . . . . . . . . 183 Confidentiality of criminal intelligence . . . . . . . . . . . . . . . . . . . . . 183 Applicant may carry on business pending review . . . . . . . . . . . . 185 Miscellaneous Advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Disclosure by professional carer of certain information . . . . . . . . 186 Disclosure by approved shooting clubs and approved historical societies of particular information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Protection of informers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Source of information not to be disclosed . . . . . . . . . . . . . . . . . . 188 Power to prohibit publication of proceedings . . . . . . . . . . . . . . . . 189 Approved officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 Authorised officers may approve particular weapons to be of particular types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Disqualification by a court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 Fraud and unlawful possession of licence etc. . . . . . . . . . . . . . . 192 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Criminal Code to be read with Act . . . . . . . . . . . . . . . . . . . . . . . . 193 Proceedings for an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Circumstances in which particular charges may be joined . . . . . 195 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 Service of notice, orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 Liability for tort generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Payment and recovery of damages . . . . . . . . . . . . . . . . . . . . . . . 201 Provision of legal representation . . . . . . . . . . . . . . . . . . . . . . . . . 202 Landowner incurs no liability merely because permission given . 203 Particular landowners to keep permit register . . . . . . . . . . . . . . . 203 Page 9 Not authorised —indicative only
Weapons Act 1990 Contents Not authorised —indicative only 168B 168C 168D 168E 169 170 171 172 Part 8 Division 1 173 Division 2 174 175 176 177 178 179 180 Division 3 183 185 186 Division 4 187 188 189 190 Division 6 192 Division 7 Page 10 Amnesty for firearms and prescribed things in particular circumstances 204 Dealing with surrendered firearm or prescribed thing . . . . . . . . . 205 Authorisation to deal with surrendered firearm or prescribed thing 205 Review of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 Fees and penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 Transitional and validation provisions Transitional provision for Police Powers and Responsibilities and Another Act Amendment Act 2001 Transitional provision for Police Powers and Responsibilities and Another Act Amendment Act 2001 . . . . . . . . . . . . . . . . . . . . . . . 208 Transitional provisions for Weapons (Handguns and Trafficking) Amendment Act 2003 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 Compensation—prohibited handguns and parts of prohibited handguns 209 Compensation—other handguns and related matters . . . . . . . . . 210 Possession of prohibited handguns during amnesty period . . . . 210 Licensed collectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 Participation records for s 18B . . . . . . . . . . . . . . . . . . . . . . . . . . 212 Joinder of charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2003 Transitional provision about authorised officers powers . . . . . . . 213 Declaration relating to s 33(3)(a) . . . . . . . . . . . . . . . . . . . . . . . . . 213 Transitional provision about category M crossbows . . . . . . . . . . 213 Transitional provisions for Weapons Amendment Act 2011 Definition for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 Declaration concerning Serco during interim period . . . . . . . . . . 214 Declaration concerning GEO during interim period . . . . . . . . . . . 214 Training courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 Transitional provision for Counter-Terrorism and Other Legislation Amendment Act 2015 Declaration about officers of Customs during interim period . . . . 216 Transitional provisions for Serious and Organised Crime
Not authorised —indicative only Weapons Act 1990 Contents 193 194 Division 8 195 Division 9 196 197 198 199 Schedule 1 1 2 2A 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Schedule 1AA Schedule 2 Legislation Amendment Act 2016 Applications not finally decided . . . . . . . . . . . . . . . . . . . . . . . . . . 217 Proceedings not finally decided . . . . . . . . . . . . . . . . . . . . . . . . . . 217 Validation provision for Police Service Administration and Other Legislation Amendment Act 2023 Validation of particular decisions under pt 2 or pt 3, div 3 . . . . . . 218 Transitional provisions for Queensland Community Safety Act 2024 Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 Existing applications relating to licences . . . . . . . . . . . . . . . . . . . 219 Existing reviews of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 Advising of particular events happening before commencement 220 Subject matter for regulations . . . . . . . . . . . . . . . . . . . . . . . . . 222 Eligibility requirements for licences . . . . . . . . . . . . . . . . . . . . . . . 222 Authorising things under a licence . . . . . . . . . . . . . . . . . . . . . . . 222 Categorising weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Limiting or prohibiting licensing of particular weapons . . . . . . . . 222 Limiting or prohibiting acquisition, possession or use of weapons and magazines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Secure storage facilities for weapons . . . . . . . . . . . . . . . . . . . . . 222 Functions, powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 Fees etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 Qualifications and appointments . . . . . . . . . . . . . . . . . . . . . . . . . 223 Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 Terms of approvals, permits and exemptions . . . . . . . . . . . . . . . 223 Approved historical societies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 Production of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 Disclosing licence information to approved shooting clubs and approved historical societies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 Registration of antique handguns . . . . . . . . . . . . . . . . . . . . . . . . 224 Providing for approved shooting ranges . . . . . . . . . . . . . . . . . . . 224 Amnesty for firearms and prescribed things . . . . . . . . . . . . . . . . 224 Class B serious offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 Page 11
Not authorised— indicative only
Not authorised —indicative only Weapons Act 1990 Weapons Act 1990 Part 1 Preliminary [s 1] An Act to consolidate and amend the laws regulating or prohibiting the purchase, possession, use, carrying and sale of certain weapons and articles and to provide for the prevention of the misuse of weapons and for related purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Weapons Act 1990 . 2 Application of Act (1) This Act does not apply to a person— (a) who is— (i) a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon as part of performance of duty as such member; or (ii) a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon as part of performance of duty as such member; or Current as at [Not applicable] Page 13
Weapons Act 1990 Part 1 Preliminary [s 2] Not authorised —indicative only Page 14 (iii) a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon when participating in the activities of the cadet force in which the person is a member; or Editor’s notes— 1 Cadet Forces Regulations 1977 (Cwlth), section 2— cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets. member means an officer, instructor or cadet in a cadet force. 2 The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth), the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth). (b) who is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person’s possession or use of a weapon as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or (c) who is an officer of Customs in the Australian Border Force in relation to the person’s possession or use of a weapon when performing the duties of an officer; or (d) who is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person’s possession or use of a weapon when performing the duties of an officer; or (e) who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner— (i) in respect of the person’s possession or use of a weapon as part of the performance of the person’s functions as a member of the Queensland police service; or Current as at [Not applicable]
Weapons Act 1990 Part 1 Preliminary [s 2] Not authorised —indicative only (ii) while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or (g) who is undergoing an approved training course in respect of the person’s possession or use of a weapon as part of the training course; or (h) whilst actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or (i) whilst engaged in scientific or experimental work with any weapon under an authority in that behalf granted by the Minister; or (k) being a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or (l) who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of— (i) a licensed dealer; or (ii) the armed forces of the Commonwealth; or (iii) any authority of the Commonwealth or State; in respect of possession of merchandise consigned thereto or therefrom; or (m) to whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions. Current as at [Not applicable] Page 15
Weapons Act 1990 Part 1 Preliminary [s 2] Not authorised —indicative only (2) This Act does not apply to a government service entity or an employee of a government service entity in relation to the entity’s or employee’s acquisition, possession or use of a weapon as part of the performance of— (a) the functions of the entity or employee; or (b) if the functions of the entity or employee are prescribed under a regulation—those functions of the entity or employee that are prescribed. (3) Subsection (2) does not exempt a government service entity or an employee of a government service entity from— (a) the application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or (b) the application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4). (4) The conditions are— (a) for a government service entity— (i) the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and (ii) the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details— (A) where the weapon is stored; (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and (iii) at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the Page 16 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 1 Preliminary [s 2] employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and (iv) the entity issues the weapon to an employee only if it is satisfied— (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and (B) the employee holds a firearms licence; and (C) the employee is properly trained in the use of the weapon; and (b) for an employee of a government service entity—the employee holds a firearms licence. (5) An employee mentioned in subsection (4)(a)(iv) may possess any category of weapon in the performance of the employee’s functions even though the employee is not licensed to possess the category of weapon. (6) The condition mentioned in subsection (4)(a)(iv)(B) does not apply to a prescribed service entity. (7) The condition mentioned in subsection (4)(b) does not apply to an employee of a prescribed service entity. (8) The operation of this section is subject to the Domestic and Family Violence Protection Act 2012 , section 83. (9) In this section— Australian Border Force see the Australian Border Force Act 2015 (Cwlth), section 4(1). government service entity means— (a) a department of Government of the State; or (b) a museum under the control of the Government of the State or the Commonwealth; or (c) another entity prescribed under a regulation that— Current as at [Not applicable] Page 17
Not authorised —indicative only Weapons Act 1990 Part 1 Preliminary [s 3] (i) is established under an Act or under State authorisation for a public or State purpose; or (ii) is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity; but does not include the Queensland Police Service. officer of Customs see the Customs Act 1901 (Cwlth), section 4(1). prescribed service entity means an entity prescribed for the definition government service entity , paragraph (c). 3 Principles and object of Act (1) The principles underlying this Act are as follows— (a) weapon possession and use are subordinate to the need to ensure public and individual safety; (b) public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons. (2) The object of this Act is to prevent the misuse of weapons. 4 How object is to be achieved for firearms The object of this Act is to be achieved for firearms by— (a) prohibiting the possession and use of all automatic and self-loading rifles and automatic and self-loading shotguns except in special circumstances; and (b) establishing an integrated licensing and registration scheme for all firearms; and (c) requiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and Page 18 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 1 Preliminary [s 5] (d) providing strict requirements that must be satisfied for— (i) licences authorising possession of firearms; and (ii) the acquisition and sale of firearms; and (e) ensuring that firearms are stored and carried in a safe and secure way. Division 2 Interpretation 5 Definitions The dictionary in schedule 2 defines particular words used in this Act. 5A Meaning of class A serious offence (1) A class A serious offence is— (a) an offence against any of the following provisions of the Criminal Code— (i) section 302; (ii) section 303; (iii) section 320; (iv) section 323; (v) section 409, if— (A) the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or (B) at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or Current as at [Not applicable] Page 19
Not authorised —indicative only Weapons Act 1990 Part 1 Preliminary [s 5B] (b) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a). (2) An offence against a provision of the Criminal Code mentioned in subsection (1)(a) is a class A serious offence regardless of whether the provision has been amended from time to time or numbered differently. 5B Meaning of class B serious offence (1) A class B serious offence is— (a) an offence against a provision of an Act mentioned in schedule 1AA subject to any circumstance, stated for the offence in the schedule, that applies to the offence; or (b) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a). (2) An offence against a provision of an Act mentioned in schedule 1AA is a class B serious offence regardless of whether the provision has been amended from time to time or numbered differently. 5C Meaning of class C serious offence (1) A class C serious offence is an offence under a law of Queensland or another jurisdiction that— (a) relates to the misuse of drugs; or (b) involves the use or threatened use of violence; or (c) involves the carriage, discharge, possession or use of a weapon. (2) However, an offence is not a class C serious offence if it is a class A serious offence or a class B serious offence. Page 20 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 1 Preliminary [s 5D] 5D Meaning of disqualified person (1) A disqualified person is a person who— (a) is a reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or (b) is or has been subject to a firearm prohibition order made under section 141H; or (c) is or has been subject to an order made under a law of another jurisdiction that corresponds to a firearm prohibition order; or (d) is or has been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or (e) has been convicted of a serious violent offence under the Penalties and Sentences Act 1992 , section 161A. (2) However— (a) a person who is or has been subject to an order mentioned in subsection (1)(b) or (c) is not a disqualified person if, when the order was made, the person was a child; and (b) a person who has been subject to an order mentioned in subsection (1)(b), (c) or (d) is not a disqualified person if the decision to make the order was revoked or set aside on review or appeal. 6 Meaning of heirloom firearm An heirloom firearm is a firearm, other than a category R weapon, ownership of which has passed to a person by testamentary disposition or the laws of succession. 6A What is a replica (1) A replica of a weapon is— (a) a reasonable facsimile or copy of a weapon, even if it is not capable of discharging a projectile or substance; or Current as at [Not applicable] Page 21
Not authorised —indicative only Weapons Act 1990 Part 1 Preliminary [s 6B] (b) a category A, B or C weapon that has been rendered permanently inoperable; or (c) a hand grenade that is inert. (2) A replica (a) of a particular weapon—means a reasonable facsimile or copy of the weapon, even if it is not capable of discharging a projectile or substance; or (b) of a spear gun, longbow or crossbow—means a reasonable facsimile or copy of a spear gun, longbow or crossbow even if it is not capable of discharging a projectile; or (c) of a thing prescribed under a regulation—means anything prescribed under a regulation to be a replica of the thing. 6B Meaning of security guard (1) A security guard is a person who patrols, protects, watches over or guards ( protects ) the person’s property or other persons or other person’s property— (a) in the course of carrying on a business; or (b) in the course of employment. Example— A jeweller transporting jewellery in the course of carrying on a business who does not engage someone else to guard the jewellery while it is being transported is a ‘security guard’. Note— Section 123 provides that a person must not, in performing duties as a security guard, physically possess a weapon unless the person holds a security licence (guard). (2) However, the following persons are not security guards— (a) a person who protects property if the protection is carried out in the course of primary production; (b) a person, other than a security organisation, who engages someone else to protect property for the person. Page 22 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 1 Preliminary [s 6C] 6C Meaning of public monument (1) A public monument is a thing that is— (a) mentioned in the Weapons Categories Regulation 1997 , section 8(1)(a), (c), (i) or (j); and (b) permanently incapable of being discharged; and (c) permanently and lawfully displayed in a public place for memorial or commemorative purposes. Examples— permanently deactivated WWI artillery permanently displayed in the foyer or grounds, open to the public, of an RSL club a permanently deactivated Bofors anti-aircraft gun mounted on a concrete platform in a public park (2) For subsection (1)(c), a thing is permanently displayed only if the thing is displayed in a way that prevents its removal by an unauthorised person. (3) In this section— public place includes a place that can be seen from a public place. 7 How a firearm is made permanently inoperable (1) A firearm is made permanently inoperable if the firearm is modified in the way prescribed under a regulation to make it incapable of being discharged. (2) However, a firearm is not taken to be permanently inoperable unless a licensed armourer or a person approved by the commissioner for this subsection certifies, in the approved form, the firearm as being incapable of being discharged. (3) The commissioner may approve a person for subsection (2) only if the commissioner is satisfied the person has the necessary expertise or experience to certify that a firearm is incapable of being discharged. Current as at [Not applicable] Page 23
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 8] 8 How a firearm is made temporarily inoperable A firearm is made temporarily inoperable— (a) for a firearm designed to allow its bolt, breech block, firing pin or other integral part of the firing mechanism to be removed—if the part is removed and securely stored separately from the firearm; and (b) for another firearm—if the firearm’s trigger is secured by a trigger lock and the lock’s key is securely stored separately from the firearm. 8A Notes in text A note in the text of this Act is part of the Act. Part 2 Licences 9 Issue, renewal, endorsement and alteration of licences A licence may be issued, renewed, endorsed or altered only by an authorised officer. 10 Limitations on issue of licence (1) A licence may be issued only to— (a) an individual under subsection (2); or (b) a body under subsection (3). (2) A licence may be issued to an individual only if the person— (a) is— (i) for a licence other than a minor’s licence—an adult; or (ii) for a minor’s licence—at least 11 years and otherwise within the age group prescribed under a regulation for the licence; and Page 24 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 10] (b) has, under section 10A, an adequate knowledge of safety practices for the use, storage and maintenance of the weapon or category of weapon the possession of which is to be authorised by the licence; and (c) has access to secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and (d) is not prevented under this or another Act or by an order of a Magistrates Court or another court from holding the licence; and (e) is a fit and proper person to hold a licence; and Note— See also sections 10B and 10C. (f) has a reason mentioned in section 11 to possess the weapon or category of weapon; and (g) resides only in Queensland. (2A) Subsection (2)(g) does not apply to a person who— (a) for a person who resides in a State adjoining Queensland— (i) satisfies the authorised officer that the person has a genuine reason for possessing a weapon for which a licence is required under this Act; and (ii) is not disqualified from obtaining a similar licence in the adjoining State; or (b) for a person who resides in a State other than an adjoining State but whose main place of residence is Queensland—is not disqualified from obtaining a similar licence in the other State. (2B) Also, subsection (2)(g) does not apply to a person 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; and Current as at [Not applicable] Page 25
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 10] (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; and (c) applies for a licence prescribed under section 12(k) for visitors to Queensland. (3) A licence may be issued to a body, whether incorporated or unincorporated, only if— (a) for a licence to be issued to an approved shooting club— (i) it is endorsed with the name of an individual, who is a member of the club’s governing body and satisfies the requirements of subsection (2)(a) to (e), as the club’s representative in the conduct of its business or affairs; and (ii) it is endorsed with the names and addresses of the individuals who are responsible for the safekeeping of the weapons or category of weapons possession of which is to be authorised by the licence when not in use by members of that club; or (b) for a licence to be issued to another body, only if— (i) the body has a reason mentioned in section 11 to possess a weapon; and (ii) it is endorsed with the name of an individual, who satisfies the requirements of subsection (2)(a) to (e), as the body’s representative in the conduct of its business or affairs. (4) A licence enabling the licensee to carry on a business may be issued only if it is endorsed with the place at which the business is to be carried on. (5) If the business is to be carried on at more than 1 place, a separate application for each place must be made and a separate licence for each place issued. (6) In this section— Page 26 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 10A] similar licence , for a weapon in an adjoining or other State, means a licence, permit or authority issued under the law of the other State entitling the person to possession of the weapon. 10A Adequate knowledge of weapon (1) For section 10(2)(b), a person has an adequate knowledge of safety practices for the use, storage and maintenance of a weapon, or category of weapon, the possession of which is to be authorised by a licence (the new licence ) if the person complies with subsection (2), (3) or (4). (2) The person complies with this subsection if the person satisfies the commissioner that the person has completed, within 1 year before the day the person applies for the issue of the new licence— (a) if the new licence is a security licence (guard)— (i) an approved safety training course (security guard); or (ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (security guard); or (b) if the new licence is not a security licence (guard)— (i) an approved safety training course (general); or (ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (general). (3) The person complies with this subsection if— (a) within 1 year immediately before the day the person made the application for the new licence, the person was a licensee; and Current as at [Not applicable] Page 27
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 10AA] (b) the licence (the previous licence ) held by the person as a licensee was no longer in force when the person made the application for the new licence; and (c) it was not a reason for the previous licence being no longer in force that the licence had been suspended or revoked under this Act; and (d) the previous licence was a licence of 1 of the following classes— (i) collector’s licence (heirloom) or (weapons); (ii) concealable firearms licence; (iii) firearms licence; (iv) minor’s licence. (4) The person complies with this subsection if the person is the holder of a current licence, equivalent to the new licence, issued under the law of another State or country. 10AA Approval of training courses (1) The commissioner may approve a course as a safety training course (general) if the commissioner is satisfied the course— (a) is about the safe use, storage and maintenance of a weapon that is authorised to be possessed under a licence other than a security licence (guard); and (b) complies with the requirements prescribed under a regulation. (2) The commissioner may approve a course as a safety training course (security guard) if the commissioner is satisfied the course— (a) is about the safe use, storage and maintenance of either or both of the following— (i) a weapon that is authorised to be possessed under a security licence (guard); (ii) a restricted item; and Page 28 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 10B] (b) complies with the requirements prescribed under a regulation. (3) The commissioner must notify the approval of a course under subsection (1) or (2) on the QPS website. (4) Failure to comply with subsection (3) does not affect the validity of the approval. 10B Fit and proper person—licensees (1) In deciding or considering, for the issue, renewal, suspension or revocation of a licence, whether a person is, or is no longer, a fit and proper person to hold a licence, an authorised officer must consider, among other things— (a) the mental and physical fitness of the person; and (b) whether a domestic violence order has been made, police protection notice issued or release conditions imposed against the person; and (c) whether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and (ca) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— (i) the person is a risk to public safety; or (ii) that authorising the person to possess a weapon would be contrary to the public interest; and (d) the public interest. (2) Subsections (3) to (5) apply in relation to the issue, renewal or revocation of a licence. (3) A person is not a fit and proper person to hold or continue to hold the licence if the person— (a) is a disqualified person; or Current as at [Not applicable] Page 29
Weapons Act 1990 Part 2 Licences [s 10B] Not authorised —indicative only (b) is prevented by an order of a court, other than a temporary protection order, from holding or obtaining a licence or possessing a weapon. (4) A person is not a fit and proper person to hold or continue to hold the licence if, within 10 years before the relevant day, the person— (a) has been convicted of a class A serious offence or a class B serious offence; or (b) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or (c) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence. (5) A person is not a fit and proper person to hold or continue to hold the licence if, within 5 years before the relevant day— (a) the person— (i) has been convicted of a class C serious offence; or (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or (b) a domestic violence order, other than a temporary protection order, has been made against the person. (6) Also, for the issue, renewal, suspension or revocation of a dealer’s licence, a person is not, or is no longer, a fit and proper person to hold or continue to hold the licence unless each associate of the person is a fit and proper person to be an associate of a licensed dealer under section 10C. (7) For subsections (4) and (5), it is irrelevant whether or not the conviction is a spent conviction, provided the conviction is recorded. (8) In this section— Page 30 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 10C] court means— (a) the Magistrates Court or another Queensland court; or (b) a court of another jurisdiction. relevant day means— (a) in relation to the issue or renewal of a licence—the day the application for the issue or renewal of the licence is made; or (b) in relation to the revocation of a licence—the day the licensee is given a revocation notice under section 29 for the revocation. 10C Fit and proper person—licensed dealer’s associate (1) In deciding or considering, for the issue, renewal, suspension or revocation of a dealer’s licence, whether an associate of an applicant for a dealer’s licence or a licensed dealer is, or is no longer, a fit and proper person to be an associate of a licensed dealer, an authorised officer may consider any criminal intelligence or other information to which the authorised officer has access that indicates— (a) the associate is a risk to public safety; or (b) any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest. (2) A person is not a fit and proper person to be an associate of a licensed dealer if— (a) the person is a disqualified person; or (b) within 10 years before the relevant day, the person— (i) has been convicted of a class A serious offence or a class B serious offence; or (ii) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or Current as at [Not applicable] Page 31
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 11] (iii) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence. (3) Also, a person is not a fit and proper person to be an associate of a licensed dealer if an authorised officer is satisfied that any relationship involving weapons between the person and the applicant or licensed dealer would be contrary to the public interest because— (a) within 5 years before the relevant day, the person— (i) has been convicted of a class C serious offence; or (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or (b) a domestic violence order, other than a temporary protection order, has been made against the person. (4) For subsections (2) and (3)(a), it is irrelevant whether or not the conviction is a spent conviction, provided the conviction is recorded. (5) In this section— relevant day means— (a) in relation to the issue or renewal of a dealer’s licence—the day an application for the issue or renewal of the licence is made; or (b) in relation to the suspension of a dealer’s licence—the day the licensee is given a suspension notice under section 28 for the suspension; or (c) in relation to the revocation of a dealer’s licence—the day the licensee is given a revocation notice under section 29 for the revocation. 11 Genuine reasons for possession of a weapon The following are reasons for possession of a weapon— Page 32 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 12] (a) sports or target shooting; (b) recreational shooting; (c) an occupational requirement, including an occupational requirement for rural purposes; (d) the collection, preservation or study of weapons; (e) another reason prescribed under a regulation. 12 Licences Licences are of the following classes— (a) armourer’s licence; (b) blank-fire firearms licence; (c) collector’s licence (heirloom) or (weapons); (d) concealable firearms licence; (e) dealer’s licence; (f) firearms licence; (g) firearms licence (instructor); (h) minor’s licence; (i) security licence (organisation) or (guard); (j) theatrical ordnance supplier’s licence; (k) another licence prescribed under a regulation. 13 Application for licence (1) An application for a licence must be— (a) made in the approved form and state the applicant’s reason for wishing to possess a weapon (the reason ); and (b) made personally, in the way prescribed under a regulation, by— (i) if the licence is for an individual—the person; or Current as at [Not applicable] Page 33
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 13] (ii) if the licence is for a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and (c) accompanied by— (i) the fee prescribed under a regulation; and (ii) proof of identity to the satisfaction of an authorised officer; and (iii) other particulars prescribed under a regulation; and (iv) the other relevant particulars the person to whom the application is made reasonably requires. (2) If the reason is sports or target shooting, the applicant must provide proof the applicant is a current member of an approved shooting club. (3) If the reason is recreational shooting, the applicant must produce— (a) written permission from a landowner authorising the applicant to shoot on the landowner’s rural land; or (b) proof of current membership of a body prescribed under a regulation for this subsection. (4) A body may be prescribed for subsection (3)(b) only if— (a) it is a landowner of rural land; or (b) it holds written permission from a landowner authorising members of the body to shoot on the landowner’s rural land. (5) If the reason is an occupational requirement, the applicant must state why possession of a weapon is necessary in the conduct of the applicant’s business or employment. Page 34 Current as at [Not applicable]
Weapons Act 1990 Part 2 Licences [s 14] Not authorised —indicative only 14 Inquiries into application (1) Before the application is decided, an officer in charge of police or authorised officer with whom an application for a licence is lodged may— (a) make an inquiry or investigation about the applicant or the application; and (b) require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including— (i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and (ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and (c) inspect the secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and (d) supply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and (e) require the applicant to display an adequate knowledge of the safety practices for the use, storage and maintenance of the weapon or category of weapons the possession of which is to be authorised under the licence; and (f) make a report about the applicant or the application; and (g) make the recommendation about the application the officer thinks appropriate. (2) If an authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity. Current as at [Not applicable] Page 35
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 14] (3) The applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant— (a) refuses to provide the information reasonably required under subsection (1)(b); or (b) refuses to allow the inspection under subsection (1)(c); or (c) fails to comply with a requirement under subsection (2). (4) If information about the applicant’s mental health given under subsection (1)(b) is provided in a doctor’s or psychologist’s report, an authorised officer may— (a) make information in the officer’s possession available to the doctor or psychologist; and (b) ask the doctor or psychologist to provide a further report. (5) The authorised officer may make the information available only if the officer considers, on reasonable grounds— (a) the doctor or psychologist was not aware of the information; and (b) the information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health. (6) The authorised officer must also advise the applicant of the information being supplied to the doctor or psychologist. (7) The authorised officer may make the information available under subsection (4) despite the provisions of any other Act. (8) Unless the authorised officer considers that it is currently required for the investigation of an offence, the authorised officer must, after deciding the application— (a) return to the applicant any identifying particular obtained in the course of inquiries into the application; and (b) destroy any record or copy of the identifying particular. Page 36 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 15] (9) Information required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose. (10) In this section— applicant includes, for a body, an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs. 15 Authorised officer decides application (1) An authorised officer must decide an application for a licence (other than renewal of a licence) as soon as practicable after the end of the period prescribed for this section under a regulation. (2) However, the authorised officer may decide the application within the prescribed period if the applicant is the holder of an existing licence of another class. (3) In deciding the application, the authorised officer may consider anything at the officer’s disposal. Note— Additional requirements are prescribed for particular applications under section 18A, 18B or 18C. (4) The authorised officer must— (a) approve the application and issue the licence subject to any conditions the authorised officer may decide, including, but not limited to— (i) conditions limiting the use or possession of a weapon; or (ii) conditions prescribed under a regulation and applying to the weapon; or (iii) for a licence authorising possession of a category M crossbow—conditions requiring the licensee within 7 days to permanently mark on the Current as at [Not applicable] Page 37
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 16] crossbow an identifying serial number fixed by the authorised officer for the crossbow; or (iv) any other conditions the authorised officer considers appropriate in the particular circumstances; or (b) reject the application. (5) However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis. (6) A person whose application is rejected because the person is not a fit and proper person to hold a licence is not entitled to reapply for a licence— (a) if the person’s application was rejected because the person was not a fit and proper person under section 10B(3), (4) or (5)—until the day the section stops having the effect that the person is not a fit and proper person under that subsection; or (b) otherwise—until the day 3 years after the day the application was rejected. 16 Issue of licence (1) A licence must be— (a) in the approved form; and (b) endorsed with— (i) the weapon or category of weapon the possession of which is authorised by the licence; and (ii) any conditions decided by an authorised officer; and Page 38 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 18] (iii) if the licence is an armourer’s, collector’s or dealer’s licence or a security licence (organisation)—the place approved for the secure storage of the weapon or category of weapon possession of which is authorised by the licence. (2) A condition or any other information to be endorsed on a licence may be endorsed on the licence or a certificate issued for the licence. (3) The condition or information may be endorsed on the licence or certificate by a word that is given a meaning by a code prescribed under a regulation. (4) A regulation may prescribe things that must be provided for on the approved form of licence. 18 Renewal of licences (1) A licensee may apply for the renewal of the licensee’s licence. (1A) The licensee must make the application for renewal of the licence on or before the day the licence expires. (2) An application for renewal of a licence must be— (a) made in the approved form; and (b) made personally, in the way prescribed under a regulation, by— (i) for a licence issued to an individual—the licensee; or (ii) for a licence issued to a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and (c) accompanied by the fee prescribed under a regulation. (3) If an officer in charge of police receives the application, the officer must refer the application to an authorised officer. (4) An authorised officer must ensure the application is decided— Current as at [Not applicable] Page 39
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 18AA] (a) as soon as practicable after the application is made; and (b) if the application is not decided on or before the day the licence expires—within 42 days after the day the licence expires. (5) In deciding the application, the authorised officer may consider anything at the officer’s disposal. (6) The authorised officer must— (a) approve the application and renew the licence subject to any conditions the authorised officer may decide; or (b) reject the application. (7) However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis. (8) A licence may be renewed by— (a) endorsing the existing licence; or (b) cancelling the licence and issuing a fresh licence endorsed with any condition decided by an authorised officer or other information. (9) Section 10(1), (2)(a), (2)(c) to (g) and (2A) to (3) applies to the renewal of a licence. (10) For applying the provisions mentioned in subsection (9) to the renewal of a licence, a reference to the issue of the licence is taken to be a reference to the renewal of the licence. 18AA Alternative provision for renewal application if licensee is an individual (1) This section applies if a licensee is an individual. Page 40 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 18AB] (2) However, this section applies to a licensee only if, when the licensee is required to apply for the renewal of a licence, the licensee— (a) is temporarily absent from Australia for a genuine occupational reason; or (b) is temporarily a patient in a hospital. (3) Also, this section applies despite section 18(2)(b)(i). (4) If the licensee authorises an attorney under a power of attorney to make the application for the licensee, the attorney may make the application for renewal of the licensee’s licence for the licensee. (5) However, the attorney may make the application— (a) only on a single occasion; and (b) only if the attorney gives the authorised officer a statutory declaration stating that the attorney is not entitled to any fee or other benefit for making the application. (6) The attorney must make the application by— (a) personally giving to a police officer at a police station or police establishment a renewal application completed and signed by the licensee; and (b) producing to the police officer the information mentioned in section 18AB ( required information ). 18AB What is required information for s 18AA (1) The required information for section 18AA is as follows— (a) photographic evidence of the attorney’s identity; (b) the original of the instrument conferring the power of attorney, or a copy of the instrument certified by a justice of the peace, commissioner for declarations, lawyer or notary public as a true copy of the instrument; (c) a statutory declaration complying with subsection (2), (3) or (4), as appropriate. Current as at [Not applicable] Page 41
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 18A] (2) If the attorney makes the application because the licensee is temporarily absent from Australia for a genuine occupational reason, the statutory declaration must be signed by the licensee and state the following— (a) the licensee is temporarily absent from Australia for a genuine occupational reason; (b) the genuine occupational reason for the licensee’s absence; (c) how long the licensee will be absent. (3) If the attorney makes the application because the licensee is temporarily a patient in a hospital, the statutory declaration must be signed by the licensee and state the following— (a) the licensee is temporarily a patient in a stated hospital because of a genuine medical condition; (b) the nature of the medical condition; (c) when the licensee became a patient in the hospital. (4) If the attorney makes the application because the licensee is temporarily a patient in a hospital and the licensee is unable to make the declaration because of a genuine medical reason, the statutory declaration must be signed by the attorney and state the following— (a) the licensee is temporarily a patient in a stated hospital because of a genuine medical condition; (b) the nature of the medical condition; (c) when the licensee became a patient in the hospital; (d) the licensee is unable to make the application. 18A Additional application requirements for collector’s licence (weapons) for category H weapon (1) If the application is for a collector’s licence (weapons) or the renewal of a collector’s licence (weapons) and the licensee intends to possess a temporarily inoperable category H weapon, the application must include a current declaration Page 42 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 18B] signed by an approved historical society’s representative stating— (a) the applicant holds current membership with the approved historical society; and (b) the representative is satisfied that the applicant is a genuine collector of weapons. (2) Subsection (1) does not apply if the applicant is an approved historical society. (3) A declaration mentioned in subsection (1) is current for 28 days after the day it is signed by the representative. 18B Additional application requirements for concealable firearms licence (1) If the application is for a concealable firearms licence and the applicant’s reason for possession of a weapon under that licence is sports or target shooting, the application must include a current declaration by the representative of an approved pistol club stating that— (a) the applicant holds current membership with the pistol club; and (b) the applicant has been a member of the pistol club for the 6 month period immediately before the declaration is made; and (c) the applicant has participated in at least 3 handgun shooting competitions during that 6 month period. (2) Subsection (3) applies if an applicant for a concealable firearms licence— (a) holds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; or (b) was, within the period prescribed under a regulation for this section, a resident of another country and at the time of the application resides only in Queensland. Current as at [Not applicable] Page 43
Weapons Act 1990 Part 2 Licences [s 18B] Not authorised —indicative only (3) The declaration included in the application need not address the matters mentioned in subsection (1)(b) or (c) if the application is accompanied by evidence— (a) for subsection (2)(a), that the applicant— (i) has been a member of a shooting club in the other State for the 6 month period immediately before the declaration is made; and (ii) holds a licence or other authority under a law of the other State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; and (iii) has held the authority mentioned in subparagraph (ii) for at least 12 months; and (iv) has, in the other State, participated in not less than the number of handgun shooting competitions necessary to comply with the law of the other State; or (b) for subsection (2)(b), that the applicant— (i) was permitted or authorised under the law of the other country to possess a category H weapon for sports or target shooting; and (ii) has, within the 2 year period immediately before the declaration is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon. Examples of internationally recognised shooting competitions— shooting competitions in the Olympic Games shooting competitions in the Commonwealth Games metallic silhouette world championship (4) If the application is for the renewal of a concealable firearms licence and the applicant’s reason for possession of a weapon is sports or target shooting, the application must include— Page 44 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 18C] (a) a current declaration by the representative of an approved shooting club stating that the applicant holds current membership with the shooting club; and (b) a copy of the applicant’s participation record for the period of the applicant’s current licence. (5) A declaration under this section is current for 28 days after the day it is signed by the representative. 18C Additional application requirements for dealer’s licence If the application is for a dealer’s licence or the renewal of a dealer’s licence, the approved form must require the applicant to disclose— (a) the full name, occupation and residential address of each person who is an associate of the applicant for the dealer’s licence or the licensed dealer; and (b) details of the relevant interest, relevant power or relevant position each associate holds or will hold or may be entitled to exercise. 18D Delegation by representative (1) A representative of a body or club may delegate the representative’s power to make a declaration under section 18A or 18B to an appropriate person. (2) An authorised officer may, by written notice given to the body or club, revoke the delegation if the authorised officer reasonably suspects the person to whom power is delegated under subsection (1) is not, or is no longer, an appropriate person. (3) The revocation of a delegation under subsection (2) does not affect the validity of a licence issued or renewed before the delegation was revoked. (4) In this section— Current as at [Not applicable] Page 45
Weapons Act 1990 Part 2 Licences [s 19] appropriate person , to whom a power may be delegated by a representative of a body or club, means a person who is a member of the governing body of the body or club. Not authorised —indicative only 19 Notice of rejection of application to issue or renew licence (1) If an authorised officer rejects an application for a licence or renewal of a licence, the authorised officer must give the applicant a notice of rejection in the approved form stating the specific reasons for the rejection. (2) If a reason an authorised officer rejects an application is criminal intelligence or other information that is not publicly available, it is enough that the notice under subsection (1) states the specific reason for rejection as ‘confidential information’. (3) The notice may be given to the applicant by sending it to the applicant by security post at the address shown on the application. 20 Term of licence (1) A licence, other than a replacement licence, remains in force for the term stated on the licence which must not be more than— (a) if the licence is for a category A or B weapon—10 years; or (b) if the licence is for a weapon other than a category A or B weapon—5 years. (2) Despite subsection (1) but subject to any direction by the commissioner, an authorised officer may, by written notice given to a licensee, extend the term the licensee’s licence remains in force to a day that coincides with the licensee’s next birthday. (3) No fee is payable for the extension of a term under subsection (2). Page 46 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 20A] (4) A replacement licence remains in force for the unexpired term of the licence which it replaces. (5) An existing licence stops being in force if a replacement licence is issued instead of the licence. (6) Also, a licence, including a replacement licence, stops being in force if— (a) it is suspended, cancelled, revoked or surrendered; or (b) the licensee dies or is disqualified from holding the licence; or (c) for a minor’s licence—the licensee turns 18. 20A Continuation of licence until renewal application dealt with (1) This section applies if— (a) a licensee applies under section 18 for the renewal of a licence; and (b) the application is not decided on or before the day the licence expires. (2) The licence, as in force immediately before its expiry, continues in force, as if it had not expired, until the first of the following happens— (a) the authorised officer deciding the application approves the application and renews the licence; (b) the authorised officer deciding the application rejects the application and gives the applicant the notice of rejection under section 19(1); (c) 42 days elapse after the licence’s expiry. 21 Certain licences transferable (1) A licence is transferable only in the circumstances mentioned in this section. Current as at [Not applicable] Page 47
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 22] (2) The following licences may be transferred on a sale of a business— armourer’s licence dealer’s licence security licence (organisation) theatrical ordnance supplier’s licence. (3) The proposed purchaser of the business must apply for the appropriate licence under section 13. (4) If an authorised officer is satisfied the proposed purchaser is otherwise entitled to be issued with the licence, the authorised officer may approve the transfer of the licence subject to the sale of a business being finalised. (5) If an authorised officer approves the transfer, the purchaser is taken to be the holder of the licence from the time the sale is finalised until the licence is formally transferred or a fresh licence is issued in the purchaser’s name for the balance of the original licence’s term. 22 Reporting loss, destruction or theft of licence A licensee must report the loss, destruction or theft of the licence to an officer in charge of police immediately after the licensee becomes aware of the loss, destruction or theft. Maximum penalty—10 penalty units. 23 Replacement licence (1) This section applies if an authorised officer is satisfied— (a) a licence is lost, destroyed or stolen; or (b) any writing or endorsement on a licence is illegible and the licence is surrendered to an officer in charge of police. (2) The authorised officer may issue to the licensee a licence (the replacement licence ) instead of the existing licence on— Page 48 Current as at [Not applicable]
Not authorised —indicative only Weapons Act 1990 Part 2 Licences [s 24] (a) application by the licensee in the approved form; and (b) payment of the fee prescribed under a regulation. 24 Change in licensee’s circumstances (1) It is a condition of each licence that a licensee must, within 14 days of the happening of an event mentioned in subsection (2) (the change ), advise an officer in