Exemptions for prohibited weapons and body armour
12 Exemptions for prohibited weapons and body armour
The following persons are prescribed persons for subsection (2):
a correctional officer (as defined in section 4 of the
Correctional Services Act 2014);
a member of the Defence Force mentioned in Part 3, Division 1 of the Defence Act 1903 (Cth);
a police officer, a member of the Australian Federal Police or a member of a police force of a State or another Territory;
an officer of Customs as defined in section 4 of the Customs Act
1901 (Cth);
a member of the Australian Protective Service.
Sections 6 and 9 do not apply to a prescribed person acting in the course of his or her duties as a prescribed person in respect of a prohibited weapon or body armour that:
is supplied to him or her by his or her employer for the performance of his or her duties as a prescribed person; or
is seized by the prescribed person in the course of the performance of his or her duties as a prescribed person and is not dealt with except in the course of those duties.
Sections 6 and 9 do not apply (except in relation to the use of a prohibited weapon or body armour) to an employer of a prescribed person if the weapon or body armour is supplied, or is to be supplied, to a prescribed person for use in the course of the prescribed person's duties as a prescribed person.
Sections 6 and 9 do not apply to a person who is undertaking a course of training in the use of a prohibited weapon or body armour for the purpose of becoming a prescribed person or a person exempt under subsection (5) or (6).
Sections 6(e) and 9(d) do not apply to a person who is undertaking a course of training in the use of a prohibited weapon or body armour, that is:
approved by the Commissioner; and
conducted by and under the direction of an instructor approved by the Commissioner.
Sections 6 and 9 do not apply to a person (except in relation to the manufacture, sale, purchase or use of a prohibited weapon or body armour by the person) if the prohibited weapon or armour:
is in the person's possession; and
is not the person's property; and
forms part of a consignment of goods in the person's possession as a common carrier.
The Administrator may, by Gazette notice, exempt a class of persons or class of prohibited weapons from the application of a provision of section 6.
The Administrator may, by Gazette notice, exempt a class of persons or class of body armour from the application of a provision of section 9.
A notice under subsection (5) or (6) may specify the conditions and limitations to which an exemption in the notice is subject.
The Administrator may vary or revoke a notice under subsection (5) or (6).
This provision refers to the regulations (prescribed person
). Made under this Act:
This Act’s bill:Second reading speech
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