Weapons and Firearms Legislation Amendment Act 2010 No 40
Repealed version for 15 June 2010 to 9 July 2010 (accessed 20 May 2013 at 23:20)
Schedule 3

Schedule 3 Amendment of other legislation

3.1 Bail Act 1978 No 161

Section 8B Presumption against bail for serious firearms and weapons offences

Insert after section 8B (1) (c):
  
(d)  an offence under section 7 of the Weapons Prohibition Act 1998, being an offence that relates to a military-style weapon,
(e)  an offence under section 23A (2), 23B or 25A (2) of the Weapons Prohibition Act 1998.

3.2 Casino Control Act 1992 No 15

Section 66 Approval of games and rules for games

Insert “or an imitation firearm,” after “ammunition,” in section 66 (4) (b) (ii).

3.3 Centennial Park and Moore Park Trust Regulation 2009

Clause 18 Recreational activities on Trust lands

Insert “, or imitation firearm,” after “firearm” in clause 18 (k).

3.4 Children (Protection and Parental Responsibility) Act 1997 No 78

Section 29 Removal of concealed weapons

Omit paragraph (a) of the definition of weapon in section 29 (2). Insert instead:
  
(a)  a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or

3.5 Commercial Agents and Private Inquiry Agents Act 2004 No 70

Section 4 Definitions

Insert “or imitation firearm (within the meaning of the Firearms Act 1996)” after “firearm” in paragraph (b) of the definition of major offence in section 4 (1).

3.6 Commons Management Regulation 2006

Schedule 1 Model by-law

Insert “or imitation firearm” after “firearm” in clause 4 (a) of the Schedule.

3.7 Court Security Act 2005 No 1

[1]   Section 4 Definitions

Omit paragraph (b) of the definition of restricted item in section 4 (1).

Insert instead:

  
(b)  a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996,

[2]   Section 8 Possession of restricted items in court premises

Insert “, or an imitation firearm,” after “firearm” in paragraph (a) of the penalty at the end of section 8 (1).

3.8 Crimes Act 1900 No 40

[1]   Section 4 Definitions

Omit paragraph (a) of the definition of Dangerous weapon in section 4 (1).

Insert instead:

  
(a)  a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or

[2]   Section 93F Interpretation

Insert “, imitation firearm” after “firearm” where firstly occurring in section 93F (1).

[3]   Section 154D Stealing firearms

Omit the definition of firearm from section 154D (2). Insert instead:
  

firearm has the same meaning as in the Firearms Act 1996, and includes an imitation firearm within the meaning of that Act.

[4]   Section 207 Placing etc dangerous articles on board an aircraft or vessel

Insert after section 207 (3):
  
(4)  A reference in this section to a firearm includes a reference to an imitation firearm within the meaning of the Firearms Act 1996.

3.9 Crimes (Criminal Organisations Control) Act 2009 No 6

Section 27 Prohibition on carrying on of certain activities when interim control order or control order takes effect

Insert “, or an imitation firearm,” after “firearm” in paragraph (e) of the definition of prescribed activity in section 27 (6).

3.10 Crimes (Sentencing Procedure) Act 1999 No 92

Section 76 Home detention not available for certain offences

Insert “, or an imitation firearm, within the meaning of the Firearms Act 1996” after “firearm” in section 76 (d).

3.11 Criminal Procedure Act 1986 No 209

[1]   Section 268 Maximum penalties for Table 2 offences

Insert after section 268 (2) (e1):
  
(e2)  for an offence under section 7, 20, 23 (1), 23A (1), 25A (1), 31 or 34 of the Weapons Prohibition Act 1998—imprisonment for 2 years, or a fine of 100 penalty units, or both,

[2]   Section 348 Offences in respect of which an intervention program may be conducted

Insert “, or an imitation firearm, within the meaning of the Firearms Act 1996” after “firearm” in section 348 (2) (e).

[3]   Schedule 1 Indictable offences triable summarily

Omit clause 8 from Table 2. Insert instead:
  

8   Weapons Prohibition Act 1998

An offence under section 7, 20, 23 (1), 23A (1), 25A (1), 31 or 34 of the Weapons Prohibition Act 1998.

3.12 Crown Lands (General Reserves) By-law 2006

Clause 21 Regulation of conduct in reserve

Insert “, or an imitation firearm,” after “firearm” in clause 21 (2) (u).

3.13 Crown Lands Regulation 2006

Clause 46 Unauthorised activities on public land

Insert “, or an imitation firearm,” after “firearm” in clause 46 (1) (u).

3.14 Firearms Regulation 2006

[1]   Clauses 116 and 116A

Omit the clauses.

[2]   Clause 119 Exemption relating to imitations and replicas of firearms

Omit the clause.

3.15 Law Enforcement (Powers and Responsibilities) Act 2002 No 103

[1]   Section 3 Interpretation

Omit the definition of firearm from section 3 (1). Insert instead:
  

firearm has the same meaning as it has in the Firearms Act 1996, and includes an imitation firearm within the meaning of that Act.

[2]   Section 46A Searchable offences

Insert “, an imitation firearm” after “firearm” in the definition of firearms or prohibited weapons offence in section 46A (2).

3.16 Lotteries and Art Unions Act 1901 No 34

Section 2A Definitions

Insert “or an imitation firearm,” after “ammunition,” in paragraph (b) of the definition of prohibited prize in section 2A (1).

3.17 National Parks and Wildlife Act 1974 No 80

Section 166 Definition of “article” for secs 164 and 165

Insert at the end of the section:
  
(2)  A reference in this section to a firearm includes a reference to an imitation firearm within the meaning of the Firearms Act 1996.

3.18 National Parks and Wildlife Regulation 2009

Clause 20 Weapons

Insert “, or imitation firearm,” after “firearm” in clause 20 (1) (a).

3.19 Parramatta Park Trust Regulation 2007

Clause 17 Recreational activities on trust lands

Insert “or imitation firearm” after “firearm” in clause 17 (k).

3.20 Road Transport (Driver Licensing) Act 1998 No 99

[1]   Section 39 Photographs to which this Part applies

Omit section 39 (c). Insert instead:
  
(c)  photographs in the possession of the Authority that were taken or provided for the purpose of applications for the issue or renewal by the Commissioner of Police of the following:
(i)  a licence or permit under the Firearms Act 1996,
(ii)  a licence under the Security Industry Act 1997,
(iii)  a permit under the Weapons Prohibition Act 1998.

[2]   Section 40 Purposes for which photographs may be kept and used

Omit section 40 (1) (a). Insert instead:
  
(a)  to reproduce the likeness of a person on a driver licence or on the following:
(i)  a licence or permit under the Firearms Act 1996,
(ii)  a licence under the Security Industry Act 1997,
(iii)  a permit under the Weapons Prohibition Act 1998,

[3]   Section 41 Release of photographs prohibited

Omit section 41 (1) (c) (iii). Insert instead:
  
(iii)  in relation to a licence or permit under the Firearms Act 1996, a licence under the Security Industry Act 1997 or a permit under the Weapons Prohibition Act 1998, or

3.21 Road Transport (Driver Licensing) Regulation 2008

[1]   Clause 108A Keeping and use of photographs: use of facial recognition technology

Insert “or permit” after “licence” in paragraph (d) of the definition of relevant permit in clause 108A (2).

[2]   Clause 108A (2), definition of “relevant permit”

Insert after paragraph (e) of the definition:
  
(e1)  a permit under the Weapons Prohibition Act 1998,

3.22 Sydney Harbour Foreshore Authority Regulation 2006

Clause 4 Commercial and other activities

Insert “or imitation firearm within the meaning of the Firearms Act 1996” after “firearm” in clause 4 (1) (p).

3.23 Sydney Olympic Park Authority Regulation 2007

Clause 4 Commercial and other activities

Insert “or imitation firearm” after “firearm” in clause 4 (v).

3.24 Sydney Water Catchment Management Regulation 2008

Clause 23 Certain conduct prohibited on Schedule 1 land and Schedule 2 land

Insert “or imitation firearm (within the meaning of the Firearms Act 1996)” after “firearm” in clause 23 (2) (c).

3.25 Sydney Water Regulation 2006

Clause 23 Certain conduct prohibited

Omit “firearm or prohibited weapon” from clause 23 (1) (c).

Insert instead “firearm or imitation firearm (within the meaning of the Firearms Act 1996) or prohibited weapon (within the meaning of the Weapons Prohibition Act 1998)”.

3.26 Tow Truck Industry Regulation 2008

[1]   Clause 7 Offences that disqualify applicants for licences

Insert “or imitation firearm (within the meaning of the Firearms Act 1996)” after “firearm” in clause 7 (1) (b).

[2]   Clause 16 Offences that disqualify applicants for drivers certificates

Insert “or imitation firearm (within the meaning of the Firearms Act 1996)” after “firearm” in clause 16 (1) (b).

3.27 Water Management (Water Supply Authorities) Regulation 2004

Clause 76 Prohibited conduct

Insert “, imitation firearm” after “firearm” in clause 76 (i).

3.28 Wellington Showground By-law 1987

Clause 10 Regulation of conduct within the land

Omit “firearm or prohibited weapon within the meaning of the Firearms and Dangerous Weapons Act 1973” from clause 10 (1) (k).

Insert instead “firearm or imitation firearm (within the meaning of the Firearms Act 1996) or prohibited weapon (within the meaning of the Weapons Prohibition Act 1998)”.

Top of page