Weapons Control Act 2001

This Act may be cited as the Weapons Control Act 2001.

This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

In this Act:

approval means an approval in force under section 14.

body armour, see section 3A.

Commissioner means the Commissioner of Police.

controlled weapon means:

a knife or axe, other than a knife or axe that is a prohibited weapon; or

an article that is prescribed by regulation to be a controlled weapon.

criminal intelligence, see section 6 of the Serious

Crime Control Act 2009.

disqualifying offence, see section 3(1) of the Firearms

Act 1997.

firearm means a firearm as defined in section 3(1) of the Firearms Act 1997, but does not include an imitation or replica firearm.

interim domestic violence order, means an interim

DVO as defined in section 4 of the Domestic and Family Violence

Act 2007.

interim personal violence restraining order, see section 3 of the Personal Violence Restraining Orders Act 2016.

knife includes machete.

night-time means the interval between 9 pm and 6 am.

offence of violence, see section 3(1) of the Firearms

Act 1997.

offensive weapon means an article:

made or adapted to cause damage to property or to cause injury or fear of injury to a person; or

by which the person having it intends to cause damage to property or to cause injury or fear of injury to a person;

but does not include a prohibited weapon, controlled weapon or body armour.

prohibited weapon means an article prescribed by regulation to be a prohibited weapon.

public place, see section 5 of the Summary Offences

Act 1923.

school, see section 5 of the Education Act 2015.

Note for section 3

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

Body armour means an article that is designed:

for anti-ballistic or anti-fragmentation purposes; and

to be worn on, or cover, the human body.

However, body armour does not include the following articles:

a helmet;

an anti-ballistic or anti-fragmentation article designed for sight or hearing protection;

a vest or plate carrier designed to hold anti-ballistic or anti‑fragmentation protection but without the anti-ballistic or anti-fragmentation protection included in the vest or plate carrier.

In this section:

anti-ballistic means resistant to the penetration of a projectile discharged from a firearm.

anti-fragmentation means resistant to the penetration of material discharged when an explosive device is detonated.

This Act does not apply to a firearm.

Subject to subsection (2), the Commissioner may delegate to a police officer or public sector employee any of the Commissioner's powers or functions under this Act.

The Commissioner's functions under sections 15(2B) and 18G(1) cannot be delegated.

Part 2 Regulation of weapons and body armour

A person must not:

bring into the Territory; or

cause to be brought or sent into the Territory; or

manufacture, sell or purchase; or

display or advertise for sale; or

possess, use or carry;

a prohibited weapon except if permitted to do so by an exemption under section 12 or an approval.

Maximum penalty: If the offender is an individual – 400 penalty units or imprisonment for 2 years.

If the offender is a body corporate – 2 000 penalty units.

A person must not, without lawful excuse, proof of which is on the person, possess, carry or use a controlled weapon in a public place or school.

Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months.

If the offender is a body corporate – 1 000 penalty units.

A person must not carry a controlled weapon except in a safe and secure manner consistent with the reason for which it is possessed, carried or is to be used.

Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months.

If the offender is a body corporate – 1 000 penalty units.

Subsections (1) and (2) do not apply to a person under 18 years of age and who possesses, carries or uses a weapon mentioned in section 11A.

Despite subsections (1) and (2), if a person is found guilty of an offence against subsection (1) or (2) committed at night-time, the person is liable to a maximum penalty of twice the penalty specified in subsection (1) or (2).

In this section, lawful excuse includes:

the pursuit of a lawful employment or lawful duty; and

participation in a lawful sport, lawful recreation, lawful entertainment or lawful activity; and

the legitimate collection, legitimate display or legitimate exhibition of weapons;

but does not include for the purpose of self-defence.

In considering whether a person has a lawful excuse to possess, carry or use a controlled weapon, the court must have regard to the circumstances (including the time and location) of the incident.

A person under 18 years of age must not possess, carry or use a weapon mentioned in section 11A.

Maximum penalty: 200 penalty units or imprisonment for 12 months.

However, if an offence against subsection (1) is committed at night-time in a public place or school, the person is liable to a maximum penalty of twice the penalty specified in the subsection.

A person must not, without lawful excuse, proof of which is on the person, possess, carry or use an offensive weapon.

Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months.

If the offender is a body corporate – 1 000 penalty units.

Despite subsection (1), if a person is found guilty of an offence against that subsection committed at night-time, the person is liable to a maximum penalty of twice the penalty specified in that subsection.

In this section, lawful excuse includes:

the pursuit of a lawful employment or lawful duty; and

participation in a lawful sport, lawful recreation, lawful entertainment or lawful activity; and

the legitimate collection, legitimate display or legitimate exhibition of weapons;

but does not include for the purpose of self-defence.

A person must not:

bring body armour into the Territory; or

cause body armour to be brought or sent into the Territory; or

manufacture, sell or purchase body armour; or

possess or use body armour;

except if permitted to do so by an exemption under section 12 or an approval.

Maximum penalty: If the offender is an individual – 400 penalty units or imprisonment for 2 years.

If the offender is a body corporate – 2 000 penalty units.

A person must not purchase a prohibited weapon or body armour unless the person is:

the holder of a specific purchase authority granted under this section permitting the person to purchase the prohibited weapon or body armour; or

a prescribed person exempted under section 12(2) from the application of sections 6 and 9, or the employer of that person, and is purchasing the prohibited weapon or body armour for use by the prescribed person in the course of that person's duties; or

exempted under section 12(5) from the application of section 6, or the employer of that person, in relation to the purchase of the prohibited weapon; or

exempted under section 12(6) from the application of section 9, or the employer of that person, in relation to the purchase of the body armour.

Maximum penalty: 400 penalty units or imprisonment for 2 years.

A separate specific purchase authority is required for each type of prohibited weapon or body armour to be purchased.

The holder of an approval to purchase may apply to the

Commissioner for a specific purchase authority.

An application under subsection (3) is to be:

in a form approved by the Commissioner; and

accompanied by the prescribed fee.

A person must not, in an application under subsection (3), knowingly make a statement that is false or misleading in a material particular.

Maximum penalty: If the offender is an individual – 100 penalty units.

If the offender is a body corporate – 500 penalty units.

The Commissioner may, on receipt of an application under subsection (3), grant or refuse to grant a specific purchase authority to the applicant.

A specific purchase authority must specify the type and quantity of prohibited weapons or body armour the holder is permitted to purchase under the authority.

The Commissioner must not grant a specific purchase authority to a person in relation to a prohibited weapon or body armour unless the person holds an approval to purchase and possess a prohibited weapon or body armour of the type to which the authority relates.

The Commissioner may refuse to grant a specific purchase authority to a person if the Commissioner:

suspects on reasonable grounds that the person has, in the application for the authority, failed to supply material information or has supplied information that is false or misleading; or

is satisfied that it is not in the public interest to do so.

A specific purchase authority is valid for a period of 3 months from the date it is granted.

The Commissioner may, by written notice, revoke a specific purchase authority.

If a specific purchase authority is revoked under subsection

, the person who was the holder of the authority must immediately surrender the revoked authority to a police officer.

Maximum penalty: 50 penalty units or imprisonment for 6 months.