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s 2

Application of Schedule

In force
Schedule 2Exempt persons—prohibited weapons
Part 1Preliminary

2 Application of Schedule

(1)

If—

(a)

in

Part 2, a person is expressed to be an exempt person for the purposes of 1 or more offences against section 21F(1) of this Act in relation to a particular class of prohibited weapon;

and

(b)

the weapon is, in accordance with the regulations, included in 1 or more of the other classes of prohibited weapon, the person is an exempt person in relation to that weapon for the purposes of the offences even though he or she is not an exempt person in relation to a prohibited weapon of the other class or classes referred to in paragraph (b).

(2)

The exemptions in Part

2 (other than under clauses 3,

4, 5 and 12) do not apply to a person who has, whether before or after the commencement of this Schedule, been found guilty by a court of—

(a)

an offence involving violence for which the maximum term of imprisonment is 5 years or more; or

(b)

an equivalent offence involving violence under the law of another State or Territory of the Commonwealth or of another country.

(3)

If a person is an exempt person in relation to a weapon under a clause in Part 2 (other than under clauses 3,

4, 5 or 12) and a court finds the person guilty of using the weapon to threaten or injure another person, he or she ceases to be an exempt person in relation to that or any other weapon under that clause and can never again become an exempt person under that clause.

(4)

A person who, prior to the commencement of this Schedule, ceased, in accordance with regulation 7(4) of the Summary

Offences (Dangerous Articles and Prohibited Weapons)

Regulations 2000, to be an exempt person under a particular regulation is taken not to be exempt under any corresponding provision of Part

2.

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