This Act is the Weapons Prohibition Act 1998.
This Act commences on a day or days to be appointed by proclamation.
(1) The underlying principles of this Act are:(a) to confirm that the possession and use of prohibited weapons is a privilege that is conditional on the overriding need to ensure public safety, and(b) to improve public safety by imposing strict controls on the possession and use of prohibited weapons.(2) The specific objects of this Act are as follows:(a) to require each person who possesses or uses a prohibited weapon under the authority of a permit to have a genuine reason for possessing or using the weapon,(b) to provide strict requirements that must be satisfied in relation to the possession and use of prohibited weapons,(c) to provide an amnesty period to enable the surrender of prohibited weapons.
(1) In this Act:
apprehended violence order means:(a) a final apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007, or(b) a final order made under Part 15A of the Crimes Act 1900 before its repeal, or(c) an order or a decision under an Act or law of a place other than New South Wales, being an order or a decision that is prescribed for the purposes of this definition by the regulations.
approved means approved by the Commissioner from time to time.
authorised employee of an authorised theatrical weapons armourer or authorised weapons dealer means a person who:(a) is an employee of the armourer or dealer concerned, and(b) is eligible to be issued with a permit, and(c) is authorised in writing by the Commissioner.
authorised officer means a person who is authorised by the Commissioner for the purposes of this Act.
authorised theatrical weapons armourer means a theatrical weapons armourer who is the holder of a theatrical weapons armourer permit.
authorised weapons dealer means a weapons dealer who is the holder of a weapons dealer permit.
buy includes:(a) purchase by wholesale, retail, auction or tender, and(b) hire, and(c) take possession under a hire-purchase agreement, and(d) cause or permit anything referred to above.
Commissioner means the Commissioner of Police.
exercise a function includes perform a duty.
function includes a power, authority or duty.
genuine reason means a genuine reason as referred to in section 11.
holder of a permit means the person to whom it is issued.
interim apprehended violence order means:(a) an interim apprehended violence order within the meaning of the Crimes (Domestic and Personal Violence) Act 2007, or(b) an order or decision under an Act or law of a place other than New South Wales, being an order or decision that is prescribed for the purposes of this definition by the regulations.
manufacture a prohibited weapon includes repair or test the weapon in the course of carrying on a business.
military-style weapon means a prohibited weapon of a kind referred to in clause 1A of Schedule 1.
permit means a permit in force under this Act.
possession of a prohibited weapon includes any case in which a person knowingly:(a) has custody of the weapon, or(b) has the weapon in the custody of another person, or(c) has the weapon in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.
prohibited weapon means anything described in Schedule 1.
public museum means an institution that:(a) has a written constitution that states the museum’s charter, goals and policies, and(b) has a stated acquisition policy, and(c) acquires, conserves and exhibits objects of scientific or historical interest for the purposes of study, education and public enjoyment, and(d) is sufficiently financed to enable the conduct and development of the museum, and(e) has adequate premises to fulfil its basic functions of collection, research, storage, conservation, education and display, and(f) is regularly open to the public.
sell includes:(a) sell by wholesale, retail, auction or tender, and(b) parting with something under a hire-purchase agreement, and(c) barter or exchange, and(d) supply for profit, and(e) offer for sale, receive for sale, have in possession for sale or expose or exhibit for sale, and(f) conduct negotiations for sale, and(g) consign or deliver for sale, and(h) cause or permit anything referred to above.
theatrical weapons armourer means a person who, in the course of carrying on a business, manufactures, buys or sells prohibited weapons for use in connection with cinematographic, television or theatrical productions.
use a prohibited weapon includes causing a reasonable belief that the weapon will be used.
weapons dealer means a person who, in the course of carrying on a business, manufactures, buys or sells prohibited weapons otherwise than for use in cinematographic, television or theatrical productions.
weapons prohibition order means an order in force under section 33.(2) For the purposes of this Act:(a) anything that would be a prohibited weapon if it did not have something missing from it, or a defect or obstruction in it, is taken to be a prohibited weapon, and(b) a person in or on (or in or on any part of) any premises, vehicle, vessel or aircraft in which there is a prohibited weapon is to be regarded as having possession of the weapon unless the person proves otherwise, and(c) if parts of a prohibited weapon are in the possession of, or are being carried by, 2 or more persons, each of those persons is to be regarded as possessing the weapon.
The regulations may:(a) amend Schedule 1 by adding the name or description of anything, or(b) amend Schedule 1 by omitting the name or description of anything, or(c) amend Schedule 1 by amending the name or description of anything for the purpose of more accurately describing the thing concerned, or(d) omit Schedule 1 and insert in its place a Schedule containing the names or descriptions of anything.
(1) This Act binds the Crown in right of New South Wales and, so far as the legislative power of Parliament permits, the Crown in all its other capacities (except as otherwise provided by this section).(2) A person is not guilty of an offence under this Act or the regulations only because of something done by the person while acting in the ordinary course of the person’s duties:(a) as a police officer (or as a student police officer), or(b) as a correctional officer employed in the Department of Corrective Services, or(c) as a member of the police force, or as a custodial officer (however described), of the Commonwealth or of another State or Territory, or(d) as a member of the armed forces of the Commonwealth, or of any government that is allied or associated with the Commonwealth in any war or joint military exercise in which the Commonwealth is engaged.(3) A person is not guilty of an offence under Part 2 only because of possessing a prohibited weapon:(a) that is being conveyed or stored in the ordinary course of the person’s duties in the business of a carrier or warehouse operator, or(b) that has been seized by the person, under the authority of any Act or other law, in the course of the person’s duties as an employee or officer of a government agency or public authority, or(c) while acting in the ordinary course of the person’s duties as a member (other than a police officer) of the NSW Police Force.(4) The regulations may exempt any person or class of persons from the operation of any provision or requirement of this Act in such circumstances, and subject to such conditions, as may be specified in the regulations. Any such regulation may create offences in relation to a failure to comply with a condition prescribed in relation to an exemption.