Schedule 3 Amendment of other legislation
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
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
Insert “or imitation firearm” after “firearm” in clause 4 (a) of the Schedule.
3.7 Court Security Act 2005 No 1
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).
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).
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
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
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
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
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)”.
