Exemptions
17 Exemptions
In this section —
exempt person means —
a police officer or an employee of the Department; or
a member of the Australian Federal Police or of the police force of another State or a Territory; or
a member of the Australian Defence Force.
An exempt person is exempt from the operation of the following provisions of this Act (and any regulations made for the purposes of those provisions) in respect of any act or omission by the exempt person in the ordinary course of their duties as an exempt person —
Part 5 (which requires the authority of a licence or permit for the possession and use of, and other activities involving, firearms and related things);
Part 7 (which relates to security and storage of firearms and related things).
Subsection (2) does not affect the operation of any provision of this Act that confers a function on a police officer.
Without limiting the Interpretation Act 1984 section 43(8)(d), the regulations may —
exempt a person or class of persons from the operation of Parts 5 and 7 (and any regulations made for the purposes of those Parts); and
specify circumstances in which, and conditions subject to which, such an exemption applies.
An exemption pursuant to a regulation under subsection (4) is an exemption under this section for the purposes of a reference in another provision of this Act to an exemption under this section.
A person who is exempt from the operation of a provision of this Act in respect of an act or omission by the person is not guilty of an offence arising under the provision or arising as a result of a contravention of the provision.
Conduct of a person that would be a contravention of a provision of this Act were it not for an exemption under this section is taken to be conduct that is authorised by a licence for the purposes of a reference in a provision of this Act or any other written law to conduct authorised by a licence.
This Act’s bill:Explanatory memorandumSecond reading speech
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