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s 17

Manufacturers etc

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

17 Manufacturers etc

A person is an exempt person for the purposes of an offence of manufacture, sale, distribution, supply of, or other dealing in, possession or use of a prohibited weapon under section 21F(1) of this Act if—

(a)

the person—

(i)

has not been found guilty by a court of an offence involving the use, or the threat of using, a weapon; and

(ii)

has notified the Commissioner in writing that he or she is, or intends, manufacturing, selling, distributing, supplying or otherwise dealing in prohibited weapons and of—

(A)

the person's full name; and

(B)

the address of the place or places at which the person is, or intends, conducting those activities; and

(C)

the person's residential address; and

(D)

in the case of a body corporate—the full name and residential address of each of its directors; and

(iii)

the possession and use is, or is to be, only to the extent reasonably necessary for the purpose of manufacturing, selling, distributing, supplying or otherwise dealing in the weapons (as the case requires); and

(b)

the weapons are kept in a safe and secure manner; and

(c)

in the case of the sale, distribution or supply of, or other dealing in, a prohibited weapon—the weapon is not sold, distributed or supplied to, or dealt in with, a person who is under the age of

18 years; and

(d)

a prohibited weapon is not marketed (within the meaning of section 21D of this Act) by the person in a way that—

(i)

indicates, or suggests, that the weapon is suitable for combat; or

(ii)

is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon; and

(e)

in the case of the manufacture of prohibited weapons, each weapon manufactured is marked with an identifying brand and number in a manner that ensures that the brand and number cannot be removed easily and will not wear off in the normal course of use of the weapon; and

(f)

the person keeps the following records in a legible manner (and in a form that is reasonably accessible to a police officer inspecting the records under paragraph (i)) at his or her business premises for a period of at least 5 years:

(i)

a description of each prohibited weapon that is, or has been, in his or her possession;

(ii)

the identifying brand and number (if any) that is marked on each of those weapons;

(iii)

the name and address of the person to whom he or she sells, distributes, supplies, or with whom he or she otherwise deals in, each of those weapons;

(iv)

the date of each transaction; and

(g)

the person permits a police officer at any reasonable time to enter his or her premises or a vehicle in which prohibited weapons are carried to inspect the premises or vehicle, the weapons on the premises or in the vehicle or records kept by the exempt person under paragraph (f);

and

(h)

the person notifies the Commissioner in writing of a change in any of the information referred to in paragraph (a)(i) and (ii) within 7 days after the change occurs.

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