Summary Offences Act 1953

A person to whom a weapons prohibition order applies is disqualified from obtaining an exemption under section 21F.

While a weapons prohibition order applies to a person—

any exemption under Schedule

any exemption held by the person under section 21F is suspended.

A person to whom a weapons prohibition order applies must not manufacture, sell, distribute, supply, deal with, use or possess a prohibited weapon.

A person to whom a weapons prohibition order applies—

must not be present at—

a place at which a person carries on the business of manufacturing, repairing, modifying or testing prohibited weapons or buying, selling or hiring out, prohibited weapons; or

any other place of a kind prescribed by regulation; and

must not be in the company of a person who has a prohibited weapon on or about his or her person or under his or her immediate physical control.

It is a defence to prosecution for an offence against subsection (4)(a) to prove that the person did not know, and could not reasonably be expected to have known, that the place was a place of a kind referred to in that paragraph.

It is a defence to prosecution for an offence against subsection (4)(b) to prove that the person did not know, and could not reasonably be expected to have known, that the other person had a prohibited weapon on or about his or her person or under his or her immediate physical control.

A person to whom a weapons prohibition order applies must—

as soon as reasonably practicable after becoming aware of the presence of a prohibited weapon on premises at which the person resides, notify the Commissioner of that fact in the manner (if any) prescribed by the regulations; and

comply with—

a direction of the Commissioner, given in response to that notification, that the person must not reside at the premises; or

any other direction of the Commissioner, given in response to that notification, in relation to the weapon.

A person must not supply a prohibited weapon to a person to whom a weapons prohibition order applies or permit such a person to gain possession of a prohibited weapon.

It is a defence to prosecution for an offence against subsection (8) to prove that the person did not know, and could not reasonably be expected to have known, that a weapons prohibition order applies to the person.

For the purposes of this section, if a person to whom a weapons prohibition order applies—

is on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) when a prohibited weapon is on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft; or

was on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) immediately before a prohibited weapon was on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft, the person will be taken to possess the prohibited weapon unless it is proved that—

the person has notified the Commissioner of the presence of the weapon in accordance with subsection (7);

the person did not know, and could not reasonably be expected to have known, that the weapon was on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft.

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