Part 3 Types of general permit
(1) For the purposes of section 8 (2) of the Act, the permits referred to in this Part are prescribed as types of general permit.(2) Nothing in this Part limits the types of general permit that may be issued under the Act.
(1) The Commissioner may, on application by a person, issue a prohibited weapons—instructor permit that authorises the person to possess and use a prohibited weapon to which the permit relates for the purposes of instructing, training or competing in a sport or recreation specified in the permit.(2) A prohibited weapons—instructor permit also authorises those persons receiving instruction from the permit holder to possess and use a prohibited weapon to which the permit relates for the purposes of receiving instruction or competing in the sport or recreation, but only while under the direct supervision of the permit holder.(3) The Commissioner must not issue a prohibited weapons—instructor permit unless the applicant satisfies the Commissioner that:(a) the applicant’s ranking in the relevant sport or recreation, as verified by an approved sporting organisation for that sport or recreation, qualifies the applicant to instruct in that sport or recreation, and(b) the applicant:(i) is accredited as an instructor by an approved body, or(ii) is a registered training organisation (within the meaning of the Vocational Education and Training Act 2005) that conducts a prohibited weapons training course that is accredited under that Act, and(c) it is necessary for the applicant to possess or use the prohibited weapon for which the permit is sought in order to carry out instruction in the sport or recreation.(4) An application for a prohibited weapons—instructor permit must nominate the premises at which the instruction is to occur.
(1) The Commissioner may, on application by a person, issue a prohibited weapons—sporting permit that authorises the person to possess and use a prohibited weapon to which the permit relates for the purposes of training or competing in a sport or recreation specified in the permit.(2) The Commissioner must not issue a prohibited weapons—sporting permit unless the applicant produces evidence from an approved sporting organisation that verifies, to the Commissioner’s satisfaction, that the applicant needs to possess and use the prohibited weapon for which the permit is sought because the applicant’s ranking in the sport or recreation concerned requires the applicant to use the prohibited weapon to train or compete in the sport or recreation.
(1) The Commissioner may, on application by or on behalf of a person:(a) who is not a resident of Australia, and(b) who is visiting, or who is intending to visit, New South Wales for the purpose of competing in a competition involving any prohibited weapon and conducted by an approved sporting organisation,issue a prohibited weapons—overseas competitor permit that authorises the person to possess and use the prohibited weapon for that purpose.(2) A prohibited weapons—overseas competitor permit may be issued to a person before the person arrives in New South Wales.(3) A prohibited weapons—overseas competitor permit authorises the permit holder to possess and use the prohibited weapon to which the permit relates only for the purpose of competing in the competition and for related purposes that are connected with the competition.(4) The Commissioner must not issue a prohibited weapons—overseas competitor permit unless the Commissioner is satisfied that the person to whom the application relates is authorised, under the law of the country in which the person ordinarily resides, to possess and use the type of prohibited weapon for which the permit is sought.
(1) The Commissioner may, on application by a person on behalf of a film, television or theatrical production that will involve prohibited weapons, issue the person with a prohibited weapons—production permit that authorises the possession and use of prohibited weapons for the purposes of the production specified in the permit.(2) A prohibited weapons—production permit authorises the permit holder to possess and use the prohibited weapons to which the permit relates, but only in connection with the production concerned.(3) The authority conferred by a prohibited weapons—production permit also authorises any other person directly involved in the production who:(a) has been nominated by the permit holder, and(b) has not been convicted of any offence referred to in clause 5, and(c) is authorised in writing by the Commissioner,to possess and use a prohibited weapon to which the permit relates for the purposes of the production concerned, but only while under the direct supervision of the permit holder.(4) The requirements referred to in subclause (3) (a)–(c) do not apply if the permit relates only to a prohibited weapon referred to in clause 3 (1) of Schedule 1 to the Act.(5) The Commissioner must not issue a prohibited weapons—production permit unless the Commissioner is satisfied that:(a) the production concerned requires the possession or use of the prohibited weapons for which the permit is sought, and(b) the applicant has adequate training in relation to the security and safe handling of the prohibited weapons, and(c) the applicant’s main duty in connection with the production is that of controlling, and being responsible for the security and safe handling of, the prohibited weapons, and(d) adequate security will be maintained over the prohibited weapons at all times, and(e) the permit holder will supervise the possession and use of the prohibited weapons by those persons authorised under subclause (3).(6) The holder of a prohibited weapons—production permit must:(a) keep in the approved form a register in which particulars of the following matters are kept:(i) the type, and number, of prohibited weapons authorised under the permit,(ii) the name of each person authorised to possess and use any such weapon, and the periods for which each such person had possession or use of the weapon,(iii) the periods for which any such weapon was removed from safe storage, and(b) ensure that the register is kept in a place of safe keeping (not being a place in which any prohibited weapons are kept), and(c) ensure that each entry that is made in the register is maintained for not less than 3 years after it is made, and(d) if requested to do so by a police officer at any time, immediately produce the register to the police officer and allow the police officer to inspect, and make copies of any entry contained in, the register.Maximum penalty: 50 penalty units.
(7) A prohibited weapons—production permit is subject to the condition that all prohibited weapons to which the permit relates (other than a prohibited weapon referred to in clause 1A (1) of Schedule 1 to the Act) must be maintained in a safe working condition.
(1) The Commissioner may, on application by a person, issue a prohibited weapons—collector permit that authorises the person to possess the prohibited weapons to which the permit relates for the purposes of either or both of the following:(a) maintaining the weapons as a collection,(b) displaying the weapons for educational, historic or commemorative purposes.(2) The Commissioner must not issue a prohibited weapons—collector permit unless:(a) the Commissioner is satisfied that:(i) the applicant’s collection of prohibited weapons has a genuine commemorative, historical, thematic or financial value, and(ii) the applicant is a current member of a weapon collectors’ society or weapon collectors’ club, and(b) local police have inspected (in accordance with such arrangements as are agreed on by the applicant and the Commissioner) and approved of the proposed storage site and storage arrangements for the collection of prohibited weapons.(3) A prohibited weapons—collector permit is subject to the following conditions:(a) any proposed display of any prohibited weapon to which the permit relates must be approved,(b) any such display must be conducted in the approved manner.
(1) The Commissioner may, on application by a person on behalf of a public museum containing a collection of prohibited weapons, issue the person with a prohibited weapons—public museum permit that authorises the possession of the prohibited weapons to which the permit relates.(2) The authority conferred by a prohibited weapons—public museum permit authorises:(a) the holder of the permit, and(b) any other person who:to possess and use the prohibited weapons to which the permit relates for the purposes of preserving, maintaining and displaying the weapons, but only while on the premises of the public museum or for purposes reasonably connected with the operation of the public museum.(i) is employed or engaged by the public museum, or who is otherwise involved in the operation of the public museum, and(ii) is specified in the permit, and(iii) has not been convicted of an offence referred to in clause 5,(3) The Commissioner must not issue a prohibited weapons—public museum permit unless the Commissioner is satisfied that:(a) the public museum’s prohibited weapons collection has a genuine commemorative, historical, thematic or financial value, and(b) local police have inspected (in accordance with such arrangements as are agreed on by the applicant and the Commissioner) the public museum, the prohibited weapons in the collection and the facilities for the storing and safe keeping of those weapons, and have approved of those facilities.(4) A prohibited weapons—public museum permit is subject to the following conditions:(a) any prohibited weapon to which the permit relates must be maintained in a safe condition,(b) any proposed display of any prohibited weapon that is to take place away from the public museum must be approved and the display must be conducted in the approved manner.
(1) The Commissioner may, on application by a person on behalf of an historic or commemorative club or society (or other organisation) that proposes to conduct an historical or commemorative re-enactment event or events involving the possession and use of prohibited weapons, issue the person with a prohibited weapons—re-enactment event permit that:(a) authorises the club, society or organisation to conduct and supervise the re-enactment event or events specified in the permit and to possess the prohibited weapons to which the permit relates for the purposes of those events, and(b) authorises participants to possess and use the prohibited weapons to which the permit relates for the purposes of participating in those events.(1A) A prohibited weapons—re-enactment event permit also authorises any person who is the holder of a permit to use any prohibited weapon that the person is authorised to possess or use under a permit for the purposes of participation in any such historical re-enactment event conducted under the authority of the prohibited weapons—re-enactment event permit.(2) The Commissioner must not issue a prohibited weapons—re-enactment event permit unless the Commissioner is satisfied that the historic or commemorative nature of the event concerned requires participants in the event to possess and use the prohibited weapons specified in the application.(3) A prohibited weapons—re-enactment event permit is subject to the following conditions:(a) the permit holder must notify the police officer in charge of a police station that is nearest to the place at which the relevant historical or commemorative re-enactment event is to take place about the event not more than 7 days before the event takes place,(b) in conducting and supervising the event, the permit holder must take all reasonable precautions to ensure that any prohibited weapon involved in the event does not come into the possession of a person who is not authorised to possess the weapon,(c) if the permit relates to a prohibited weapon that operates by the firing of a projectile with which it is loaded, the weapon may only be possessed or used for the purposes of the event if it is not loaded with any such thing.(4) An applicant for a prohibited weapons—re-enactment event permit must provide the Commissioner with the following information:(a) the location of the event,(b) the kinds of prohibited weapons that are to be present at the event,(c) the security measures that will be put in place at the event.(5) A prohibited weapons—re-enactment event permit may be issued in relation to historical or commemorative re-enactment events held on one or more days or held on a periodic basis.
(1) The Commissioner may, on application by a person who proposes to conduct an arms fair that involves displaying, buying or selling prohibited weapons, issue a prohibited weapons—arms fair permit that:(a) authorises the person to use the premises specified in the permit (the authorised premises) for the purposes of conducting and supervising the arms fair, and(b) authorises any person who:(i) is an employee of the permit holder, and(ii) is specified in the permit, and(iii) has not been convicted of an offence referred to in clause 5,to assist the permit holder in the conducting and supervising of the arms fair, and(c) authorises a holder of a prohibited weapons—weapons dealer permit or a prohibited weapons—theatrical weapons armourer permit to display, buy and sell prohibited weapons, to which the holder’s permit relates, for the purpose of participating in the arms fair.(2) The Commissioner must not issue a prohibited weapons—arms fair permit unless the Commissioner is satisfied that:(a) the applicant is the holder of a weapons dealer permit or a theatrical weapons armourer permit, and(b) having regard to the following considerations, the premises nominated by the applicant are suitable to be used for an arms fair:(i) the nature of the activities proposed to be conducted on the premises,(ii) the types of prohibited weapons involved,(iii) whether adequate provision has been made for the safe keeping of the prohibited weapons,(iv) the security of the premises against unauthorised entry.(3) A prohibited weapons—arms fair permit is subject to the following conditions:(a) the permit holder is responsible for the conduct of all persons authorised to display and trade prohibited weapons at the authorised premises,(b) the permit holder must ensure that each participant is provided with a code of conduct specifying participants’ responsibilities in relation to the supervision and security of the participant’s allocated space and stock at the authorised premises,(c) the permit holder must ensure that sufficient security staff and facilities are provided at the authorised premises, and that a satisfactory security program is established and maintained, to enable the monitoring of the conduct of participants and the public and to ensure the security and safe keeping of the prohibited weapons,(d) the permit holder must ensure that sufficient security (involving at least one person who holds a licence that authorises the person to carry out a security activity referred to in section 4 (1) (c) of the Security Industry Act 1997 and who has phone or radio contact (or both) to a base or to local police (or both)) is provided to ensure the security of any prohibited weapons retained at the authorised premises outside of operating hours,(e) the permit holder must ensure that any person leaving the authorised premises with a prohibited weapon is requested to provide proof of their purchase by security staff (or other staff so authorised by the permit holder) stationed at an exit or exits to the authorised premises,(f) the permit holder must ensure that all unsupervised exits to the authorised premises are secured,(g) the permit holder must ensure that all prohibited weapons are contained in locked display cases or are secured to a display table in such a manner as would reasonably prevent their removal otherwise than by persons authorised to remove them.(4) The prohibited weapons—weapons dealer permit or prohibited weapons—theatrical weapons armourer permit of a person who participates in the arms fair is subject to the following conditions:(a) the permit holder must comply with the code of conduct provided to participants in the arms fair, and with any reasonable direction and instruction given by the organiser of the arms fair or by any authorised employee of the organiser,(b) the permit holder must exercise and maintain close supervision over any prohibited weapon to which the permit relates and any projectile designed to be fired from any such weapon.
(1) The Commissioner may, on application by the secretary or other relevant office holder of:(a) the RSL, or(b) any club or association that is an affiliated member of the RSL or a member of the RSL and Services Clubs Association Limited,issue a prohibited weapons—RSL display permit that authorises the RSL, club or association to possess and display on its premises a prohibited weapon to which the permit relates.(2) The Commissioner must not issue a prohibited weapons—RSL display permit unless the Commissioner is satisfied that any prohibited weapon for which the permit is sought has been used as a weapon of war.(3) A prohibited weapons—RSL display permit is subject to the condition that the Commissioner must be advised in writing of the acquisition or disposal of any prohibited weapon by the RSL, club or association that occurs during the currency of the permit.(4) In this clause:RSL means the Returned and Services League of Australia (New South Wales Branch).
(1) The Commissioner may, on application by a person who has acquired a prohibited weapon as an heirloom, issue a prohibited weapons—heirloom permit that authorises the person to possess the prohibited weapon.(2) The Commissioner must not issue a prohibited weapons—heirloom permit unless the Commissioner is satisfied that the prohibited weapon for which the permit is sought:(a) has been inherited by the applicant, and(b) is of genuine sentimental value to the applicant.
(1) The Commissioner may, on application by a person, issue a prohibited weapons—animal management permit that authorises the person to possess and use a prohibited weapon referred to in clause 2 (8) or (9) of Schedule 1 to the Act for the purpose of managing any animal in the care of the permit holder.(2) The authority conferred by a prohibited weapons—animal management permit also authorises any person who:(a) is an employee of the permit holder or who is otherwise engaged in the operation of the practice or organisation of the permit holder, and(b) is specified in the permit, and(c) has not been convicted of an offence referred to in clause 5,to possess and use any such prohibited weapon for the purpose of managing an animal in the care of the permit holder.(3) The Commissioner must not issue a prohibited weapons—animal management permit unless the Commissioner is satisfied that:(a) the applicant is:(i) a veterinary practitioner (within the meaning of the Veterinary Practice Act 2003), or(ii) a student enrolled in a course of study referred to in section 21 (1) (a) of that Act, or(iii) a person who is applying on behalf of an organisation whose primary object is or includes responsibility for the management of animals, and(b) the possession and use of any such prohibited weapon is necessary in the conduct of the applicant’s responsibilities for animal management, and a necessary part of the occupation of the person or persons who will be authorised to possess and use the weapon, and(c) all persons who are authorised under the permit to possess and use any such prohibited weapon have adequate training in its safe handling and use and are suitably qualified to carry out the functions that involve its possession and use.
(1) The Commissioner may, on application by a person, issue a prohibited weapons—scientific purposes permit that authorises the person to possess and use a prohibited weapon to which the permit relates for the purpose of conducting scientific research.(2) The authority conferred by a prohibited weapons—scientific purposes permit also authorises any person who:(a) is employed to assist the permit holder in the scientific research in respect of which the permit is sought, and(b) is specified in the permit, and(c) has not been convicted of an offence referred to in clause 5,to possess and use a weapon to which the permit relates for the purpose of assisting in the conduct of the scientific research concerned.(3) The Commissioner must not issue a prohibited weapons—scientific purposes permit unless the Commissioner is satisfied that:(a) the scientific research in respect of which the permit is sought is legitimate scientific research, and(b) any prohibited weapon for which the permit is sought is necessary in the conduct of that research.