Paintball Regulation 2024

This regulation is the Paintball Regulation 2024.

This regulation commences on 1 September 2024.

Note—

This regulation replaces the Paintball Regulation 2019, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

fee unit—see Schedule 1, Part 2, section 2.

firearm has the same meaning as in the Firearms Act 1996.

the Act means the Paintball Act 2018.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

The holder of a paintball marker permit may apply to the Secretary for an authorisation to use a paintball marker at a place other than an authorised venue (the nominated venue).

The application must—

be made to the Secretary in the approved form, and

be accompanied by any other information required by the Secretary to assess the application, and

be accompanied by the fee specified in Schedule 1.

The Secretary may decide an application for an authorisation by—

granting the authorisation, with or without conditions, or

refusing to grant the authorisation.

In deciding whether to grant or refuse an authorisation, the Secretary must take into account the following—

information provided by the applicant under section 4(2)(b),

any disciplinary action taken against the applicant under the Act, section 44(1),

whether the applicant’s proposed use of a paintball marker can be reasonably accommodated by an authorised paintball venue,

whether the nominated venue is suitable for the proposed use,

the impact of the following factors on the suitability of the nominated venue for the proposed use—

the size of the venue,

the location of the venue,

the geography of the venue’s location,

the proximity of the venue to facilities used for community, educational, recreational or cultural activities,

whether the applicant’s proposed use of the nominated venue would pose a risk to public safety,

the public interest.

An applicant may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision by the Secretary under section 5.

A supplier must not supply a paintball marker to the recipient under a paintball marker sharing arrangement for more than 14 consecutive days.

For the Act, section 79(1), a supplier is exempt from the Act, section 66(1) in relation to the supply of a paintball marker under a paintball marker sharing arrangement if the paintball marker is returned within 14 days.

If a paintball marker is supplied under a paintball marker sharing arrangement and the paintball marker is not returned within 14 days, the period for notifying the Secretary of the supply is, for the Act, section 66(1), 21 days after the paintball marker is supplied.

For the Act, section 66(4), the supplier and the recipient must keep in a form suitable for inspection, and retain for 7 years, a written record specifying the following in relation to each supply of a paintball marker under a paintball marker sharing arrangement—

the name, address and paintball venue permit number of the supplier and the recipient,

if the paintball marker has a serial number—the serial number of the paintball marker,

if the paintball marker does not have a serial number—information that is reasonably sufficient to enable the paintball marker to be readily identified,

Examples of information—

the maker of the marker, the colour or unique marking on the marker or the model of the marker

the date on which the supply occurred,

if the paintball marker was returned within 14 days—the date the paintball marker was returned,

if the paintball marker was not returned within 14 days—confirmation the paintball marker was not returned.

Maximum penalty—50 penalty units.

In this section—

paintball marker sharing arrangement means an arrangement referred to in the Act, section 11(1)(d) between a supplier and a recipient for the supply of paintball markers in accordance with this part.

recipient means the holder of a paintball venue permit who receives a paintball marker from a supplier under a paintball marker sharing arrangement.

supplier means the holder of a paintball venue permit who provides a paintball marker to another holder of a paintball venue permit under a paintball marker sharing arrangement.

The Secretary may authorise the holder of a paintball venue permit to supply a paintball marker to the holder of a paintball marker permit at an authorised paintball venue.

The course of training prescribed for a paintball marker permit is a course of training that—

addresses the safe use of paintball markers and the safe conduct of activities associated with paintball markers, and

is approved by the Secretary, and

is provided—

by or on behalf of the Secretary, or

by an approved entity.

The following protective clothing and equipment are prescribed for a person to be permitted to enter a paintball game area when there is a paintball marker in the paintball game area—

protective covering for the person’s eyes and face,

Example of protective covering—

a paintball helmet or mask

enclosed shoes,

other clothing or equipment that covers as much of the person as is reasonable in the circumstances.

The clothing and equipment referred to in subsection (1) must be appropriate for the person and the conditions.

An employee of the holder of a paintball venue permit who does not hold a paintball marker permit must satisfactorily complete a course of training that—

addresses the safe use of paintball markers and the safe conduct of activities associated with paintball markers, and

is approved by the Secretary, and

is provided—

by or on behalf of the Secretary, or

by an approved entity.