Weapons Act 1990

This Act may be cited as the Weapons Act 1990.

s 1.3 om 1994 No. 13 s 4

s 1.4 om 1994 No. 13 s 4

This Act does not apply to a person—

who is—

a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or

a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or

a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when participating in the activities of the cadet force in which the person is a member; or

Editor’s notes—

1 Cadet Forces Regulations 1977 (Cwlth), section 2—

cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets.

member means an officer, instructor or cadet in a cadet force.

2 The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth), the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth).

who is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or

who is an officer of Customs in the Australian Border Force in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or

who is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or

who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner—

in respect of the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of the person’s functions as a member of the Queensland police service; or

while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or

who is undergoing an approved training course in respect of the person’s possession or use of a weapon as part of the training course; or

whilst, and to the extent, the person is actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or

whilst, and to the extent, the person is engaged in scientific or experimental work in relation to a weapon, including in relation to the manufacture of a weapon, under an authority given by the Minister for this section; or

being a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or

who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of—

a licensed dealer; or

the armed forces of the Commonwealth; or

any authority of the Commonwealth or State;

in respect of possession of merchandise consigned thereto or therefrom; or

to whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions.

This Act does not apply to a government service entity or an employee of a government service entity in relation to the entity’s or employee’s acquisition, possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of—

the functions of the entity or employee; or

if the functions of the entity or employee are prescribed under a regulation—those functions of the entity or employee that are prescribed.

Subsection (2) does not exempt a government service entity or an employee of a government service entity from—

the application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or

the application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4).

The conditions are—

for a government service entity—

the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and

the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details—

where the weapon is stored;

the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and

at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and

the entity issues the weapon to an employee only if it is satisfied—

the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and

the employee holds a firearms licence; and

the employee is properly trained in the use of the weapon; and

for an employee of a government service entity—the employee holds a firearms licence.

An employee mentioned in subsection (4)(a)(iv) may possess any category of weapon in the performance of the employee’s functions even though the employee is not licensed to possess the category of weapon.

The condition mentioned in subsection (4)(a)(iv)(B) does not apply to a prescribed service entity.

The condition mentioned in subsection (4)(b) does not apply to an employee of a prescribed service entity.

The operation of this section is subject to the Domestic and Family Violence Protection Act 2012, section 83.

In this section—Australian Border Force see the Australian Border Force Act 2015 (Cwlth), section 4(1).government service entity means—

a department of Government of the State; or

a museum under the control of the Government of the State or the Commonwealth; or

another entity prescribed under a regulation that—

is established under an Act or under State authorisation for a public or State purpose; or

is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity;

but does not include the Queensland Police Service.officer of Customs see the Customs Act 1901 (Cwlth), section 4(1).prescribed service entity means an entity prescribed for the definition government service entity, paragraph (c).

The principles underlying this Act are as follows—

weapon possession and use are subordinate to the need to ensure public and individual safety;

public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.

The object of this Act is to prevent the misuse of weapons.

The object of this Act is to be achieved for firearms by—

prohibiting the possession and use of all automatic and self-loading rifles and automatic and self-loading shotguns except in special circumstances; and

establishing an integrated licensing and registration scheme for all firearms; and

requiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and

providing strict requirements that must be satisfied for—

licences authorising possession of firearms; and

the acquisition and sale of firearms; and

ensuring that firearms are stored and carried in a safe and secure way.

The dictionary in schedule 2 defines particular words used in this Act.

A class A serious offence is—

an offence against any of the following provisions of the Criminal Code—

section 302;

section 303;

section 320;

section 323;

section 409, if—

the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or

at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or

an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a).

An offence against a provision of the Criminal Code mentioned in subsection (1)(a) is a class A serious offence regardless of whether the provision has been amended from time to time or numbered differently.

A class B serious offence is—

an offence against a provision of an Act mentioned in schedule 1AA subject to any circumstance, stated for the offence in the schedule, that applies to the offence; or

an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a).

An offence against a provision of an Act mentioned in schedule 1AA is a class B serious offence regardless of whether the provision has been amended from time to time or numbered differently.

A class C serious offence is an offence under a law of Queensland or another jurisdiction that—

relates to the misuse of drugs; or

involves the use or threatened use of violence; or

involves the carriage, discharge, possession or use of a weapon; or

involves the possession or distribution of blueprint material for the manufacture of a firearm on a 3D printer or an electronic milling machine.

However, an offence is not a class C serious offence if it is a class A serious offence or a class B serious offence.

A disqualified person is a person who—

is a reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004; or

is or has been subject to a firearm prohibition order; or

is or has been subject to an order made under a law of another jurisdiction that corresponds to a firearm prohibition order; or

is or has been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003; or

has been convicted of a serious violent offence under the Penalties and Sentences Act 1992, section 161A.

However—

a person who is or has been subject to an order mentioned in subsection (1)(b) or (c) is not a disqualified person if, when the order was made, the person was a child; and

a person who has been subject to an order mentioned in subsection (1)(b), (c) or (d) is not a disqualified person if the decision to make the order was revoked or set aside on review or appeal.

An heirloom firearm is a firearm, other than a category R weapon, ownership of which has passed to a person by testamentary disposition or the laws of succession.