Genuine reason
11 Genuine reason
The Commissioner must not issue a permit authorising the possession or use of a prohibited weapon unless the applicant has, in the opinion of the Commissioner, a genuine reason for possessing or using the weapon.
Without limiting the reasons that the Commissioner may be satisfied are genuine reasons, the Commissioner may determine that an applicant has a genuine reason for possessing or using a prohibited weapon if the applicant—
states that he or she intends to possess or use the weapon—
for any one or more of the reasons set out in the Table to this subsection, or
for any other reason prescribed by the regulations, and
is able to produce evidence to the Commissioner that he or she satisfies the requirements (if any) specified in respect of any such reason.
Table
Reason: recreational/sporting purposes
The applicant must demonstrate that the recreational or sporting activity concerned requires the possession or use of the prohibited weapon for which the permit is sought.
Reason: historical re-enactment purposes
The applicant must be a current member of a historic or commemorative club or society approved by the Commissioner in accordance with the regulations and which conducts activities or events requiring the possession or use of the prohibited weapon for which the permit is sought.
Reason: business/employment purposes
The applicant must demonstrate that it is necessary in the conduct of the applicant’s business or employment to possess or use the prohibited weapon for which the permit is sought.
Reason: film/TV/theatrical purposes
The applicant must demonstrate that the film, television or theatrical activity concerned requires the possession or use of the prohibited weapon for which the permit is sought.
Reason: weapons collection
The applicant must—
be a current member of a collectors’ club or society approved by the Commissioner in accordance with the regulations, and
demonstrate that the applicant’s weapons collection has a genuine commemorative, historical, thematic or financial value.
Reason: public museum purposes
The applicant must demonstrate that the public museum concerned is involved in the collection and display of prohibited weapons.
Reason: heirloom
The applicant must demonstrate that the applicant has inherited the prohibited weapon for which the permit is sought and that the weapon has a genuine sentimental value.
Reason: animal management
The applicant must be a veterinary practitioner (within the meaning of the Veterinary Practice Act 2003), or an organisation that has responsibilities for animal management, and demonstrate that it is necessary in the conduct of the applicant’s responsibilities to possess or use the prohibited weapon for which the permit is sought.
Reason: scientific purposes
The applicant must demonstrate that the prohibited weapon for which the permit is sought is required for legitimate scientific purposes.
The possession or use of a prohibited weapon for personal protection, or for the protection of any other person, is not a genuine reason for the possession or use of the weapon. However, any such reason may constitute a genuine reason in the case of a prohibited weapon referred to in clause 4 (1) of Schedule 1 or in the case of a prohibited weapon that is of a kind prescribed by the regulations for the purposes of this subsection.
Subsection (3) does not limit the reasons that the Commissioner may determine are not genuine reasons for the purposes of possessing or using a prohibited weapon.
This provision refers to the regulations (prescribed by the regulations
, the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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