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s 15

Prescribed services organisations (RSL etc)

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

15 Prescribed services organisations (RSL etc)

(1)

A prescribed services organisation 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 it has possession of a prohibited weapon of a kind acquired or used by one of its members (or by a person that it represents) while on active war service as a member of Australia's armed forces, provided that—

(a)

the organisation keeps the following records in a legible manner in a bound book at its premises for a period that expires at the end of

5 years after it last ceased to be in possession of the weapon:

(i)

a record describing and identifying the weapon;

(ii)

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

(iii)

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

(b)

the organisation keeps the weapon in a safe and secure manner at its premises and does not remove the weapon 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 a collector who is, under clause 14, 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)

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

and

(c)

the organisation permits a police officer at any reasonable time to enter the premises of the organisation to inspect the weapon and the records kept under paragraph (a).

(2)

A person who is an exempt person in relation to a prohibited weapon 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.

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