Prohibited Weapons Regulation 1997

This regulation is the Prohibited Weapons Regulation 1997.

In this regulation:

Note A definition applies except so far as the contrary intention appears (see Legislation Act, s 155).

registrar means the registrar of firearms.

security organisation means a corporation within the meaning of the Corporations Act, or a partnership, that carries on a business of providing—

protection for people; or

transport or protection for the money or property of persons other than the corporation or partnership;

but does not include a bank.

The registrar must not issue a permit unless satisfied that the applicant is a fit and proper person to have possession of a prohibited weapon or prohibited article without danger to public safety or to the peace.

Without limiting subsection (1), the registrar must not issue a permit if the registrar has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over a prohibited weapon or prohibited article because of the applicant’s way of living or domestic circumstances.

The registrar must not issue a permit to someone if—

the person has been convicted within the relevant period in the ACT, or elsewhere, of a prescribed offence, whether or not the offence is an offence against territory law; or

the person is, or has been within the relevant period, subject to a protection order or corresponding order; or

the person is subject to an interim protection order or a corresponding order; or

the person is subject to an undertaking to keep the peace (whether or not the undertaking was given in the ACT); or

a permit issued to the person under the Act, or a licence or permit issued to the person under the Firearms Act 1996, has been cancelled.

For subsection (3) (b):

protection order does not include a protection order that has been revoked.

The registrar may refuse to issue a permit if the registrar considers that issuing the permit would be contrary to the public interest.

In this section:

corresponding order, in relation to a protection order or interim protection order, means an order under a law of a State, another Territory or New Zealand that has the same effect or substantially the same effect as a protection order or interim protection order.

interim protection order means an interim order under—

the Family Violence Act 2016; or

the Personal Violence Act 2016.

prescribed offence means an indictable offence involving actual or threatened violence or the use of a firearm, prohibited weapon or prohibited article.

protection order means a final order under—

the Family Violence Act 2016; or

the Personal Violence Act 2016.

relevant period, in relation to an application for a permit, means the 10 years before the day the application was made.

It is a condition of a permit issued under the Act that a permit-holder must comply with any guidelines approved by the registrar for the storage and security of the prohibited weapon or prohibited article to which the permit relates.

The Minister may, in writing, declare a supplier to be an approved supplier of crossbows for this section.

The registrar must refuse to issue a permit authorising a person to possess and use a crossbow that is a prohibited weapon unless—

the person is an approved supplier; or

the person—

is at least 12 years old but is under 18 years; and

is a member of an approved archery club; and

uses the crossbow for the purpose of participating in competitions in the use of crossbows conducted by or in association with an approved archery club and for no other purpose; or

the person—

is 18 years old or older; and

is a member of an approved archery club; and

owns the crossbow; and

has the crossbow in his or her possession for the purpose of participating, or enabling the person to participate, in competitions in the use of crossbows conducted by or in association with an approved archery club and for no other purpose.

Despite subsection (2), the registrar must not issue a permit to possess and use a crossbow that is a prohibited weapon to a person mentioned in subsection (2) (b) or (c) who has, within the period of 10 years before—

the commencement of this regulation; or

the acquisition of the crossbow;

whichever is the later, been convicted in the ACT or elsewhere of an indictable offence, whether on indictment or summarily.

A permit authorising an approved supplier or other person to possess and use a crossbow that is a prohibited weapon is subject to the condition that the supplier or person must not, without reasonable excuse, sell or dispose of such a crossbow to a person other than a person who—

is, or is reasonably believed to be, a member of an approved archery club; and

has a permit to acquire the crossbow.

A declaration under subsection (1) is a disallowable instrument.

In this section:

approved archery club means the Canberra Archery Club Incorporated, Canberra Bowhunters Club Incorporated, Capital Field Archers, Tuggeranong Archery Club Incorporated or the Weston Valley Archery Club Incorporated.

approved supplier means a supplier approved under subsection (1).

The Minister may, in writing, declare a manufacturer to be an approved manufacturer of darts for this section.

The registrar must refuse to issue a permit authorising a person to possess and use a dart unless—

the person is an approved manufacturer; or

the person is—

because of his or her disability, incapable of participating in a sport or recreation normally involving the use of hand‑thrown darts; and

in possession of the dart for the purpose of enabling the person to participate in a sport or recreation of a type mentioned in subparagraph (i).

A permit authorising an approved manufacturer or other person to possess and use a dart is subject to the condition that the manufacturer or person must not, without reasonable excuse, sell or dispose of a dart to a person other than a person mentioned in subsection (2) (b) (i) who has a permit to acquire the dart.

A declaration under subsection (1) is a disallowable instrument.

In this section:

approved manufacturer means a manufacturer approved under subsection (1).

dart means a dart capable of being projected from a blowgun.

The registrar must refuse to issue a permit authorising a research body to possess a catapult unless the catapult—

is manufactured or acquired by, or in the possession of, the research body for use in plant or animal research; and

bears a serial number allocated by the registrar.

A person employed or engaged by a research body that holds a permit to possess a catapult is authorised to possess and use that catapult if the person possesses or uses it for the purposes of that employment or engagement.

A student undertaking research through a research body that holds a permit to possess a catapult is authorised to possess and use that catapult for the purpose of his or her research if the use is approved by the research body.

In this section:

catapult means a device designed for use with, or a component part of which is, a brace that fits or rests on the forearm or another part of the body of the user and supports the wrist against the tension of elastic material used to project a projectile.

research body means the Australian National University or the University of Canberra.

The registrar must not permit a security organisation to possess a baton other than in the circumstances specified in subsection (3).

An employee of a security organisation that holds a permit to possess a baton is authorised to possess and use that baton in the circumstances specified in subsection (4).

For subsection (1), the circumstances are that the baton—

is owned or leased by the security organisation; and

bears in permanent form—

an identification number; and

the name of the security organisation.

For subsection (2), the circumstances are that—

the baton—

is owned or leased by the security organisation employing the employee; and

is in the employee’s possession for use in the course of that employment; and

the employee has completed a course of training in the use of batons approved by the registrar.

A permit authorising the possession of a baton is subject to the following conditions:

each use of the baton must be recorded in a register;

the organisation must not possess more batons than the number specified for that purpose in the permit.

In this section:

baton means an expandable straight baton or a side-handled baton.

The registrar must not issue a permit to possess a nunchaku to a martial arts club except in the circumstances specified in subsection (3).

A person is authorised to possess and use a nunchaku in the circumstances specified in subsection (4).

For subsection (1), the circumstances are—

the club is an approved martial arts club; and

the club employs a full-time or part-time qualified instructor.

For subsection (2), the circumstances are that the person—

is a member of a relevant approved martial arts club who has possession of the nunchaku—

to take part in instruction by, or instruction supervised by, a qualified instructor in the use of a nunchaku or in a competition or demonstration in the use of a nunchaku; or

to transport the nunchaku to or from such a competition or demonstration; or

is a qualified instructor who has a nunchaku in his or her possession for the purposes of—

providing instruction in its use to, or supervising the instruction in its use of, members of the relevant approved martial arts club; or

taking part in a competition or demonstration in the use of a nunchaku; or

transporting the nunchaku to or from a competition or demonstration in the use of a nunchaku.

A permit authorising the possession of a nunchaku by an approved martial arts club is subject to the following conditions:

the club must not possess more nunchakus than the number specified for that purpose in the permit;

the nunchaku must not be removed from the club premises except to be transported to and from a competition or demonstration in the use of nunchakus.

In this section:

approved martial arts club means a martial arts club approved by the registrar.

nunchaku includes a nunchaku baton or similar article.

qualified instructor means a person who holds a black belt or equivalent in a martial art where the qualification is—

accredited by the Australian Coaching Council (a program of the Australian Sports Commission) through the National Coaching Accreditation Scheme; and

evidenced in writing issued by the council.

relevant approved martial arts club, in relation to a nunchaku, means an approved martial arts club that—

has a permit to possess the nunchaku; and

owns or leases the nunchaku.

An employee of a security organisation that holds a permit to possess body armour is authorised to possess and use that armour if the armour is—

owned or leased by the security organisation of which the employee is an employee; and

in his or her possession for use in the course of that employment; and

when not in use, stored securely and in a way that it is not visible.

A permit authorising a security organisation to possess body armour is subject to the following conditions:

each use of the armour must be recorded in a register;

the armour must be inscribed in a permanent way with an identification number;

the permit-holder must not possess more body armour than specified for the purpose by the permit.

The registrar must not issue a permit authorising a person to possess or use a suppressor unless—

the person is an authorised person; and

the suppressor is being used for an authorised purpose.

The following activities are authorised purposes for this section:

at the direction, or under the authority, of a conservation officer—killing fauna on public land reserved in the territory plan for a purpose mentioned in the Planning Act 2023, section 385 (Reserved areas of public land);

for a conservation officer or veterinary practitioner—killing fauna to alleviate its suffering;

for an employee of the CSIRO—undertaking an expedition to collect museum specimens;

for a firearms dealer—carrying out activities that are reasonable and necessary for a firearms dealer to manufacture, acquire, dispose of, repair, maintain or test firearms or firearm parts;

for a lessee of land held under a rural lease or a person authorised by the lessee—killing fauna on the rural lease.

In this section:

authorised person means a person who—

holds a licence or permit or is otherwise authorised under the Firearms Act 1996 to possess or use a prohibited firearm; and

is—

a conservation officer; or

contracted or otherwise authorised by the Territory to kill particular fauna; or

Note The conservator or custodian of unleased land or public land must take reasonable steps to implement a controlled native species management plan and may authorise another person to take action to implement the plan (see Nature Conservation Act 2014, s 167).

a veterinary practitioner; or

authorised by a licence under the Firearms Act 1996 to carry on business as a firearms dealer, including manufacturing, acquiring, disposing of, repairing, maintaining or testing firearms or firearm parts; or

employed by the CSIRO; or

a lessee of land held under a rural lease, or a person lawfully authorised by the lessee.

conservation officer means a person who is appointed as a conservation officer under the Nature Conservation Act 2014, section 28 (Conservation officers—appointment).

CSIRO means the Commonwealth Scientific and Industrial Research Organisation established by the Science and Industry Research Act 1949 (Cwlth).

fauna includes the following:

a native animal;

an animal that is a pest;

stock.

pest—see the Biosecurity Act 2023, section 11.

rural lease—see the Planning Act 2023, section 256.

stock—see the Stock Act 2005, dictionary.

The registrar must not issue a permit authorising a person to use specified premises for the purposes of a militaria fair unless satisfied that the premises proposed to be used are suitable for such a purpose.

In considering whether premises are suitable for subsection (1), the registrar must have regard to the following considerations:

the nature of the activities proposed to be conducted on the premises;

the kind of prohibited weapons or prohibited articles to which the application relates;

whether adequate provision has been made for the safekeeping of the relevant prohibited weapons or prohibited articles;

the security of the premises generally, and against unauthorised entry in particular.

A permit issued under this section—

must specify the period during which the permit-holder is authorised to conduct the militaria fair; and

must specify the people authorised to possess and, if relevant, use a specified prohibited weapon or prohibited article for the purposes of the fair; and

authorises the people specified in accordance with paragraph (b) and the permit-holder to possess and, if so specified in the permit, use a specified prohibited weapon or prohibited article for the purposes of the fair during the period specified in accordance with paragraph (a).

In this section:

militaria fair means a fair approved by the registrar for the purpose of exhibiting prohibited weapons or prohibited articles and related items.