Possession and use of handcuffs and extendable batons by non-police law enforcement and security personnel
2 Possession and use of handcuffs and extendable batons by non-police law enforcement and security personnel
The following persons are exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 2 (17A) or 4 (2) of Schedule 1 to the Act, but only when acting in the course of employment (or in the course of carrying on business) as such, and only if the Commissioner is satisfied that the person has been trained in the use of the prohibited weapon—
a correctional officer within the meaning of the Crimes (Administration of Sentences) Act 1999 who is engaged in court security and escort duties,
a sheriff’s officer within the meaning of the Sheriff Act 2005,
an Officer of Customs within the meaning of the Customs Act 1901 of the Commonwealth,
a fisheries officer within the meaning of the Fisheries Management Act 1994,
a person appointed under the Local Government Act 1993 as—
an authorised person for the purpose of enforcing any of the provisions of Part 2 of Chapter 16 of that Act, or
an enforcement officer for the purposes of section 642 of that Act,
an administrative officer (or an administrative employee) within the meaning of the Police Act 1990,
a person employed in the Office of the Law Enforcement Conduct Commission to carry on security activities within the meaning of the Security Industry Act 1997,
a person employed to carry on a security activity referred to in section 4 (1) (c) (i), (iv) or (v) of the Security Industry Act 1997 and who holds a class 1A, 1D or 1F licence under that Act,
a person carrying on a security activity referred to in section 4 (1) (j) or (k) of the Security Industry Act 1997 and who holds a class 2D licence under that Act,
an inspector within the meaning of Division 2 of Part 2A of the Prevention of Cruelty to Animals Act 1979.
A person employed in the Department of Justice who is engaged in custodial duties is exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 4 (2) of Schedule 1 to the Act, but only when acting in the course of that employment and only if the Commissioner is satisfied that the person has been trained in the use of the prohibited weapon.
A fisheries officer, within the meaning of the Fisheries Management Act 1994, is exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in Schedule 1, clause 2(17A) or 4(2) of the Act when exercising a function as an authorised officer under any of the following, but only if the Commissioner is satisfied that the officer has been trained in the use of the prohibited weapon—
Biosecurity Act 2015,
Marine Estate Management Act 2014,
Marine Safety Act 1998,
National Parks and Wildlife Act 1974,
Rock Fishing Safety Act 2016.
Note.
An exemption from the requirement under the Act for a permit to possess or use a prohibited weapon does not itself authorise the use of the weapon as enforcement powers are conferred and limited by the relevant Act.
It is a condition of an exemption referred to in this clause that the person to whom the exemption relates must store or keep the prohibited weapon concerned in a safe and secure manner when it is not being used.
Failure to comply with the condition under subclause (3) is an offence.
Maximum penalty—50 penalty units.
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