Part 9 Miscellaneous provisions
79 Disclosure by health professionals of certain information
(1) If a health professional is of the opinion that a person to whom the health professional has been providing professional services may pose a threat to public safety (or a threat to the person’s own safety) if in possession of a firearm, the health professional may inform the Commissioner of that opinion.(2) A health professional is not subject to any criminal or civil liability, including liability for breaching any duty of confidentiality, if the health professional informs the Commissioner in good faith of the health professional’s opinion referred to in subsection (1).(3) In this section:health professional means any of the following persons:
(a) a medical practitioner, psychologist, nurse or social worker,(b) a person who provides professional counselling services,(c) a person who is of such other class of health professional as may be prescribed by the regulations.
79A Disclosure of certain information by club officials
The disclosure of any information or other matter by the secretary or other relevant office holder of a pistol club or a collectors’ society or club to the Commissioner in accordance with any requirement imposed on the secretary or office holder under the regulations does not, if the disclosure was in good faith, subject the society or club, or the secretary or office holder, to any criminal or civil liability.
80 Disposal of surrendered or seized firearms
(cf 1989 Act s 48)
(1) The Local Court or the Children’s Court may, on application by a police officer or by any person who claims to be the owner of a firearm surrendered to or seized by a police officer in accordance with this Act or section 23A (4) of the Security Industry Act 1997, order that the firearm:(a) be forfeited to the Crown, or(b) be returned to the person claiming to be owner of the firearm, or(c) be otherwise disposed of in such manner as the Court thinks fit.(2) If a person is found guilty of an offence under Part 4 and a firearm has been seized by a police officer in connection with the offence, the court which makes the finding of guilt is taken to have ordered that the firearm be forfeited to the Crown. A firearm so forfeited may be destroyed.(3) (Repealed)(4) In this section, firearm includes a firearm part or ammunition.
(cf 1989 Act s 49)
(1) The Commissioner may delegate to an authorised person any of the Commissioner’s functions under this Act or the regulations, other than this power of delegation or the Commissioner’s functions under section 11 (5A) or 29 (3A).(2) A delegate may sub-delegate to an authorised person any of the functions delegated by the Commissioner if the delegate is authorised in writing to do so by the Commissioner.(3) In this section, authorised person means:(a) a police officer or any other member of the Police Force, or(b) a public servant, or(c) any other person prescribed by the regulations.
(cf 1989 Act s 50)
(1) If a person under the age of 18 years contravenes any provision of this Act or the regulations, each parent of the person is taken to have contravened the same provision if the parent knowingly authorised or permitted the contravention.(2) A parent may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the parent’s child has been proceeded against or convicted under that provision.(3) Nothing in this section affects any liability imposed on the parent’s child for an offence committed by the child under this Act or the regulations.(4) In this section, parent includes a guardian.
(1) The executor or administrator of an estate of a person:(a) who has died, and(b) who was authorised by a licence or permit to possess a firearm,does not commit an offence under section 7 or 7A in respect of the possession of the firearm if the executor or administrator retains possession of the firearm for the purposes of disposing of it lawfully.(2) Any such executor or administrator must:(a) notify the Commissioner of the death of the person who possessed the firearm as soon as practicable after the person’s death, and(b) while retaining possession of the firearm, comply with the same requirements as to the safe keeping of the firearm that would apply to a person who is authorised by a licence or permit to keep a firearm of that kind.Maximum penalty: 50 penalty units.
(3) Subsection (1) ceases to have effect in relation to any such executor or administrator:(a) once the firearm is disposed of lawfully by the executor or administrator, or(b) at the end of the period of 6 months immediately following the death of the person who was authorised to possess the firearm concerned,whichever occurs first.(4) Nothing in this section authorises the use of a firearm.
(cf 1989 Act s 51)
(1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.
(cf 1989 Act s 52)
(1) Except as provided by this section, proceedings for an offence under this Act or the regulations may be disposed of summarily before the Local Court.(2) An offence under section 7 or 7A, 36, 43, 44A, 50, 50AA, 50A (1), 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 62, 63, 64, 66, 70, 71A, 72 (1) or 74 may be prosecuted on indictment. However, Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made by the prosecution to proceed on indictment) applies to and in respect of an offence referred to in this subsection.(3) An offence under section 50A (2), 51 (1A) or (2A), 51B, 51BB or 51D (2) is to be prosecuted on indictment only.
85 Time for commencing proceedings for offence
(cf 1989 Act s 53)
An offence under this Act or the regulations may be dealt with in a summary manner before the Local Court if the court attendance notice was issued within 2 years of the date on which the offence is alleged to have been committed.
(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence under this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) An offence referred to in section 84 (2) or (3) cannot be prescribed by the regulations as a penalty notice offence.(8) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(9) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(10) In this section:authorised officer means:
(a) a police officer, or(b) any other member of the NSW Police Force authorised in writing by the Commissioner for the purposes of this section.
(cf 1989 Act s 54)
Any notice or other instrument required or authorised by this Act or the regulations to be served on a person by post is sufficiently addressed if it is addressed to the last address of the person known to the Commissioner.
(cf 1989 Act s 55)
A certificate signed by the Commissioner certifying any one or more of the following:(a) that a specified person was or was not, on a day or during a specified period, the holder of a licence or permit,(b) that any licence or permit was or was not, on a day or during a specified period, subject to specified conditions,(c) that a specified person was or was not, on a specified day or during a specified period, subject to a firearms prohibition order,(d) that a specified firearm was registered or unregistered on a day or during a specified period,(e) that a specified person was the person in whose name a firearm was registered on a day or during a specified period,(f) that a specified address was, on a specified date, the last address known to the Commissioner of a specified person,is admissible in any proceedings under this Act and is prima facie evidence of the matters so certified.
(cf 1989 Act s 56)
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) Without affecting the generality of subsection (1), the regulations may make provision for or with respect to any of the following matters:(a) the acquisition, possession, registration, storage, identification, maintenance, carrying, conveyance, altering, repair, testing and use of firearms,(b), (b1) (Repealed)(c) firearm safety training courses,(d) training and supervision in relation to firearms,(e) firearms dealers,(f) (Repealed)(g) ammunition collectors,(h) components of ammunition,(i) security guards,(j) spear guns,(k) pistol clubs, and their members, and pistol ranges,(l) clubs and shooting ranges for other firearms,(m) (Repealed)(n) licences, licence renewals and duplicate licences,(o) permits, approvals and authorisations,(p) forms, records, notices and returns,(q) fees payable under this Act or the regulations,(r) exempting persons from specified requirements of this Act or the regulations,(s) the circumstances in which a certified copy of a licence or permit may be produced in satisfaction of the requirements of this Act or the regulations instead of an original copy of the licence or permit.(3) A regulation may create an offence punishable by a penalty not exceeding 50 penalty units.
89 Repeal of Firearms Act 1989 and Firearms Regulation 1990
The Firearms Act 1989 and the Firearms Regulation 1990 are repealed.
91 Savings and transitional provisions
Schedule 3 has effect.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 3 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.
93 Registration of firearm frames and receivers
(1) Part 3 of this Act (Registration of firearms) applies to every firearm frame and firearm receiver in the same way as it applies to a firearm.(2) However, a firearm frame or firearm receiver is taken to be registered under Part 3 if the frame or receiver forms part of a firearm that is registered under that Part.