Summary Offences Act 1953

A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if—

the person is—

authorised by a licence granted under the Security and Investigation Industry Act 1995 to carry on the business of protecting or guarding property as a security agent; and

the holder of a firearms licence under the Firearms

Act 2015 authorising the possession and use of a handgun in the course of carrying on the business of guarding property; and

the weapon is kept in a safe and secure manner at the person's business premises when not being used; and

the weapon is marked with a number for identification and with the name of the person in a manner that ensures that the number and name cannot be removed easily and will not wear off in the normal course of use of the weapon; and

the weapon is not issued to another person unless the other person is—

an employee in the business; and

an exempt person under subclause (2);

and

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 (f)) at his or her business premises for a period of at least 5 years:

the make and model of the weapon and the identifying number marked on the weapon under paragraph (c);

the date and time of every issue of the weapon to an employee, the identification number of the weapon, the identity of the employee to whom the weapon is issued and the date and time when the weapon is returned by the employee;

the date or dates (if any) on which a person to whom the weapon has been issued uses the weapon (as opposed to carrying the weapon) in the course of his or her duties and the reason for that use of the weapon; and

the person permits a police officer at any reasonable time to enter his or her business premises to inspect the weapon, the manner in which the weapon is kept and the records kept under paragraph (e);

and

in the case of a natural person—

the person has completed a course of instruction approved by the

Commissioner in the proper use of such weapons and has been awarded a certificate of competency by the person conducting the course; and

the person does not carry the weapon while engaged in crowd control.

A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if the person—

is employed to protect or guard property by a person who carries on the business of protecting or guarding property; and

is authorised by a licence granted under the Security and Investigation Industry Act 1995 to protect or guard property as a security agent; and

is the holder of a firearms licence under the Firearms

Act 2015 authorising the possession and use of a handgun in the course of employment by a person who carries on the business of guarding property; and

reasonably requires the possession of the weapon for the purposes of carrying out the duties of his or her employment; and

has completed a course of instruction approved by the Commissioner of

Police in the proper use of such weapons and has been awarded a certificate of competency by the person conducting the course; and

has not been found guilty by a court of an offence involving the illegal possession or use of such a weapon, a firearm or any other weapon;

and

does not carry the weapon while engaged in crowd control; and

as soon as reasonably practicable after using the weapon in the course of his or her duties, provides his or her employer with a written report setting out the date on which, and the circumstances in which, he or she used the weapon.