Weapons Prohibition Regulation 2017

This Regulation is the Weapons Prohibition Regulation 2017.

This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Weapons Prohibition Regulation 2009, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

In this Regulation—

fired from a prohibited weapon includes propelled from a prohibited weapon.

projectile includes a bullet, arrow or dart.

the Act means the Weapons Prohibition Act 1998.

Note.

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

A reference in this Regulation to a particular type of general permit is a reference to that type of permit as provided by Part 3.

Notes included in this Regulation do not form part of this Regulation.

For the purposes of section 6 (4) of the Act, a person specified in a provision of Schedule 1 is exempt from the requirement under the Act to be authorised by a permit to possess or use a prohibited weapon, but only to the extent and in the circumstances so specified, and only in relation to the prohibited weapon or weapons so specified.

For the purposes of section 10 (3) (a) of the Act, the following offences are prescribed—

Offences relating to firearms or weapons

An offence relating to the possession or use of a firearm or any other weapon, or a firearm part or ammunition, committed under—

the law of any Australian jurisdiction, or

the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

Offences relating to prohibited drugs etc

An offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985 or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008, being an offence in respect of which the penalty imposed included any term of imprisonment (whether or not suspended), a community service order, a good behaviour bond or a penalty of $2,200 or more, and committed under—

the law of any Australian jurisdiction, or

the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

Offences relating to public order or involving assaults against law enforcement officers

Any of the following—

an offence under Division 8A of Part 3 of the Crimes Act 1900,

an offence under Division 1 of Part 3A of the Crimes Act 1900,

an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i) or (ii),

an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(iii).

Offences involving violence

An offence committed under the law of any Australian or overseas jurisdiction, being—

an offence involving the infliction of actual bodily harm on a person in respect of which the penalty imposed included any term of imprisonment (whether or not suspended), a community service order, a good behaviour bond or a penalty of $500 or more, or

an offence involving kidnapping or abduction, or

an offence involving stalking or intimidation, or

an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraph (ii) or (iii).

Offences of a sexual nature

An offence of a sexual nature, being—

an offence under Division 10, 10A or 10B of Part 3 of the Crimes Act 1900, or

an offence under section 38, 38A, 111, 112 or 113 of the Crimes Act 1900 that has been committed with intent to commit an offence referred to in subparagraph (i), or

an offence under Division 15 or 15A of Part 3 of the Crimes Act 1900, or

an offence under section 11G of the Summary Offences Act 1988, or

an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraphs (i)–(iv), or

any other offence that, at the time it was committed, would have been an offence referred to in subparagraphs (i)–(iv), or

an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(vi).

Offences involving fraud, dishonesty or stealing

An offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in respect of which the penalty imposed included a term of imprisonment (whether or not suspended) for 3 months or more, a community service order for 100 hours or more of community service work, or a good behaviour bond.

Offences involving robbery

An offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise).

Offences relating to riot

An offence under section 93B of the Crimes Act 1900 or any similar offence under—

the law of any Australian jurisdiction, or

the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

Offences relating to affray

An offence under section 93C of the Crimes Act 1900 or any similar offence under—

the law of any Australian jurisdiction, or

the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

Offences relating to terrorism

An offence relating to terrorism, being—

an offence under Part 6B of the Crimes Act 1900 or against Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or

an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).

Offences involving organised criminal groups, consorting and recruitment

An offence—

committed under section 93T, 93X or 351A of the Crimes Act 1900, or

committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).

In subclause (1)—

a reference to a good behaviour bond includes a reference to a community correction order or a conditional release order, but only if it was imposed in New South Wales, and

a reference to a term of imprisonment (whether or not suspended) includes a reference to an intensive correction order, but only if it was imposed in New South Wales.

Persons subject to good behaviour bonds For the purposes of section 10 (3) (c) of the Act, the following offences are prescribed in respect of a person subject to a good behaviour bond—

an offence referred to in subclause (1) (a), (c), (e) or (g)–(k),

an offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008, committed under—

the law of any Australian jurisdiction, or

the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction),

an offence committed under the law of any Australian or overseas jurisdiction, being—

an offence involving the infliction of actual bodily harm on a person, or

an offence involving kidnapping or abduction, or

an offence involving stalking or intimidation, or

an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(iii),

an offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing.

Persons subject to community correction orders or conditional release orders For the purposes of section 10(3)(c) of the Act, the following offences are prescribed in respect of a person subject to a community correction order or a conditional release order—

an offence referred to in subclause (1)(a), (c), (e) or (g)–(k),

an offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008,

an offence involving any of the following—

the infliction of actual bodily harm on a person,

kidnapping or abduction,

stalking or intimidation,

fraud, dishonesty or stealing,

an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in paragraph (c)(i)–(iii).

A permit must not be issued to a person who is subject to a firearms prohibition order under the Firearms Act 1996.

The Commissioner may refuse to issue a permit to a person if the Commissioner considers that issue of the permit would be contrary to the public interest.

(Repealed)

For the purposes of section 9(2) of the Act, an application for a permit must be accompanied by the following information—

the type, and number, of prohibited weapons proposed to be authorised under the permit,

each purpose for which each weapon is required,

the arrangements for the storage and safe keeping of each weapon (including particulars of the premises at which each weapon is to be kept).

An application for a permit that confers authority on persons (in addition to the permit holder) who are specified in the permit must provide the following information in respect of each additional person proposed to be specified in the permit—

full name,

residential address,

date of birth,

employee authority number (if applicable).

A permit holder must, if there is any change in the location of the premises at which the prohibited weapons to which the permit relates are kept, provide the Commissioner with the following information in writing (or in such other manner as may be approved) within 14 days after the change of location occurs—

the address of the new location,

particulars of the arrangements that have been made by the permit holder for complying with the requirements of the Act and this Regulation in relation to the storage and safe keeping of the prohibited weapons concerned.

Maximum penalty—50 penalty units.

A person to whom a permit is issued must, within 14 days after becoming aware that the permit has been lost, stolen, destroyed, defaced or mutilated, notify the Commissioner in writing or in such other manner as may be approved of that occurrence.

Maximum penalty—20 penalty units.

If a person applies for a subsequent permit before the term of the person’s current permit expires (referred to in this clause as the old permit), and the application has not been dealt with by the time the old permit expires, the authority conferred by the old permit continues until such time as the person is notified of the issue of, or the refusal of, the subsequent permit.

If the applicant fails to collect the subsequent permit in accordance with the approved arrangements within 60 days (or such longer period as may be approved in any particular case) of being notified of its issue—

the subsequent permit is taken to have been surrendered by the applicant, and

any authority conferred by the old permit ceases to have effect.

The Commissioner may issue a duplicate permit if satisfied that the permit has been lost, stolen, destroyed, defaced or mutilated.

The Commissioner must not issue a permit unless satisfied of the following matters—

that the applicant is aware of, and understands, any applicable requirements of the Act and this Regulation in relation to the storage and safe keeping of prohibited weapons,

that the applicant will, if issued with a permit, be able to comply with those requirements,

if an inspection is required under subclause (2), the fee payable under clause 14 (1) (c) for such an inspection has been paid.

The Commissioner may order an inspection by a police officer (in accordance with such arrangements as are agreed on by the applicant and the Commissioner) of the proposed storage site for the prohibited weapon to which the proposed permit will relate.