Firearms Act 1996 No 46
Current version for 1 December 2014 to date (accessed 21 December 2014 at 00:40)
Part 1Section 6

6   Application of Act

(cf 1989 Act s 4, 1990 Reg cl 96A)

(1)  This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities (except as provided otherwise 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 enrolled in the New South Wales Police Academy), or
(a1)  as a special constable within the meaning of section 82L of the Police Act 1990 who is exercising functions of a police officer, or
(b)  as a prison officer employed in the Department of Corrective Services, or
(c)  as a police officer, or as a prison officer, of the Commonwealth, another State or a 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, or
(e)  (Repealed)
(f)  as, or under the authority of, the person in charge of a ship or an aircraft, but only for the purpose of having equipment of or on the ship or aircraft repaired or tested by a person authorised to do so by a licence.
(3)  A person is not guilty of an offence under section 7 or 7A only because of possessing a firearm or firearm part:
(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 Police Force.
(4)  A person who is a member of the Australian Navy Cadets, the Australian Cadet Corps or the Air Training Corps is not required to be the holder of a licence or permit to authorise the person to possess a firearm, but only while possessing it:
(a)  for the purposes of activities of the Cadets or the Corps of which the person is a member, and
(b)  in accordance with such guidelines as may be fixed by order of the Commissioner.
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