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s 14

Collectors

In force
Schedule 2Exempt persons—prohibited weapons
Part 2Exemptions

14 Collectors

(1)

A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon as

part of a collection of weapons or other artefacts or memorabilia (comprised of at least 3 weapons, whether or not prohibited weapons) that has a particular theme, or that the person maintains for its historical interest or as an investment, provided that—

(a)

the person keeps the following records in a legible manner in a bound book at his or her place of residence for a period that expires at the end of 5 years after he or she ceases to be in possession of the collection:

(i)

a record describing and identifying the weapon;

(ii)

a record of the date of each occasion on which he or she obtains or re‑obtains possession of the weapon and the identity and address of the person from whom he or she obtains or re‑obtains possession;

(iii)

the date of each occasion on which he or she parts with possession of the weapon to another person and the identity and address of that person; and

(b)

the person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except for the purpose of—

(i)

display by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or

(ii)

repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or

(iii)

valuation by a person who carries on a business that includes the valuing of articles of that kind; or

(iv)

repair, restoration or valuation—

(A)

by another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or

(B)

by a person who is, under clause 17, an exempt person in relation to a prohibited weapon; or

(v)

secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or

(vi)

storage by another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or

(vii)

returning it to—

(A)

another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or

(B)

a prescribed services organisation that is, under clause 15, an exempt person in relation to a prohibited weapon, on whose behalf he or she has repaired, restored, valued or stored the weapon; or

(viii)

taking it to a meeting but only if the majority of persons at the meeting are collectors who are, under this clause, exempt persons in relation to prohibited weapons; or

(ix)

its sale or supply to another person in accordance with subclause (2);

and

(c)

the person permits a police officer at any reasonable time to enter his or her residential premises to inspect the collection and the records kept under paragraph (a).

(2)

A person who is an exempt person under subclause (1) will also be an exempt person for the purposes of an offence of sale or supply of such a weapon under section 21F(1)(a) of this Act if the person sells or supplies the weapon in the normal course of maintaining the collection, to a person who is entitled to possession of a prohibited weapon under section 21F of this Act.

(3)

A reference in subclause (1) to the place of residence of a person will be taken, in the case of a body corporate, to be a reference to the registered office of the body corporate.

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