1Citation

These regulations may be cited as the Weapons Regulations 1999 ¹.

2Commencement

These regulations come into operation on the day fixed by proclamation under section 2(1) of the Act ¹.

3Terms used

In these regulations, unless the contrary intention appears —

approved electric shock case means a briefcase or suitcase of the kind described in regulation 6(1);

baton means a short stick or rod —

(a)

made of any material; and

(b)

made or modified to be used to injure or disable a person or as a martial arts weapon,

and includes a bludgeon, club, cudgel, truncheon or the article commonly known as the police nightstick;

capsicum spray weapon means a spray weapon made or modified to be used to discharge oleoresin capsicum;

catapult includes a ging, shanghai or slingshot;

discharge includes to propel;

injure or disable does not include administer, in good faith and with reasonable care and skill, surgical or medical treatment;

martial arts weapon means an article made or modified to be used for attack or defence in the practice of a martial sport, art or similar discipline;

missile includes an arrow, bolt, bullet, dart, knife, shot, spear or any other article made or modified to be discharged from another article so as to injure or disable a person or in the practice of a martial sport, art or similar discipline;

spray weapon means an article made or modified to be used to discharge a substance in the form of a spray so as to injure or disable a person and includes the substance.

[Regulation 3 amended: SL 2024/267 r. 4; SL 2024/282 r. 6.]

4Prohibited weapons prescribed (Act s. 3) (Sch. 1)

An article described in the third column of Schedule 1 is prescribed to be a prohibited weapon.

5Controlled weapons prescribed (Act s. 3) (Sch. 2)

An article described in the third column of Schedule 2 is prescribed to be a controlled weapon.

5AEdged weapons prescribed (Act s. 3A) (Sch. 3)

For the purposes of the definition of edged weapon in section 3A of the Act, an article described in Schedule 3 is an edged weapon.

[Regulation 5A inserted: SL 2024/282 r. 7.]

6Approved electric shock cases may be used for defence (Act s. 5A(2))

(1A)

A briefcase or suitcase of the kind described in subregulation (1) is prescribed for the purposes of section 5A(2) of the Act.

(1)

A briefcase or suitcase that —

(a)

is made or modified to discharge an electric current so as to deter the theft of the case; and

(b)

is, or is of a standard or type that is, approved by the Minister, for the purposes of this regulation, by notice in the Gazette.

(2)

For the purposes of section 5A(2) of the Act, a person may carry or possess an approved electric shock case if the person carries or possesses it for the purpose of it being used in lawful defence in circumstances that the person has reasonable grounds to apprehend may arise.

[Regulation 6 amended: SL 2024/282 r. 8.]

7Capsicum spray weapons may be used for defence (Act s. 5A(2))

For the purposes of section 5A(2) of the Act, a person may carry or possess a capsicum spray weapon if the person carries or possesses it for the purpose of it being used in lawful defence in circumstances that the person has reasonable grounds to apprehend may arise.

[Regulation 7 inserted: SL 2024/282 r. 9.]

8Circumstances prescribed (Act s. 10(3))

(1)

For the purposes of section 10(3), prescribed circumstances are the carrying or possession of an extendable baton by a person who is the holder of a security officer’s licence issued for the purpose of section 16 of the Security and Related Activities (Control) Act 1996 if —

(a)

the person is engaged in activities authorised by his or her licence; and

(b)

the person’s licence is endorsed under section 26(3) of the Security and Related Activities (Control) Act 1996 to permit the person to be in possession of a baton while engaged in activities authorised by the licence; and

(c)

the baton is of a type approved by the Commissioner of Police by order published in the Gazette under section 26(2)(b) of the Security and Related Activities (Control) Act 1996.

(1a)

For the purposes of section 10(3), prescribed circumstances are the carrying or possession of an extendable baton by a person who —

(a)

is the provider of a training course, under the Security and Related Activities (Control) Act 1996, conducting an approved training course in baton use —

(i)

as required by the holder of a security officer’s licence to obtain an endorsement under section 26 of that Act; or

(ii)

for a person undergoing a training course in baton use under that Act for the purposes of having or keeping a security officer’s licence with an endorsement under section 26 of that Act;

(b)

supplies the provider of an approved training course in baton use, under the Security and Related Activities (Control) Act 1996, with weapons for that course, while so providing or storing the weapons,

if the baton is of a type approved by the Commissioner of Police by order published in the Gazette under section 26(2)(b) of the Security and Related Activities (Control) Act 1996.

(1b)

For the purposes of section 10(3), prescribed circumstances are the carrying or possession of an extendable baton by a person who is undergoing an approved training course in baton use under the Security and Related Activities (Control) Act 1996, where the person —

(a)

is the holder of a security officer’s licence but is seeking an endorsement under section 26 of that Act; or

(b)

is undergoing that course for the purposes of having or keeping a security officer’s licence with an endorsement under section 26 of that Act,

if the baton is of a type approved by the Commissioner of Police by order published in the Gazette under section 26(2)(b) of the Security and Related Activities (Control) Act 1996.

(2)

In this regulation —

extendable baton means a baton referred to in Schedule 1 item 10.

[Regulation 8 inserted: Gazette 29 Feb 2000 p. 997‑8; amended: Gazette 9 Jun 2000 p. 2774; 12 Sep 2006 p. 3665‑6.]

9Certain collectors and others excepted from Act s. 6(1)(a) to (c) in relation to specified prohibited weapons

(1)

An exempt collector or any other person who, for the purpose of adding to an exempt collector’s private collection —

(a)

brings or sends into the State a specified prohibited weapon; or

(b)

purchases a specified prohibited weapon from a person who is lawfully entitled to sell the weapon,

does not commit an offence under section 6(1)(a) or (c) of the Act.

(2)

An exempt collector or any other person who, for the purpose of keeping, adding to, or disposing of all or any of an exempt collector’s private collection, carries or possesses a specified prohibited weapon does not commit an offence under section 6(1)(b) of the Act.

(3)

An exempt collector or any other person who, for the purpose of disposing of all or any of an exempt collector’s private collection, sells or supplies a specified prohibited weapon to a person who is lawfully entitled to purchase or possess the weapon does not commit an offence under section 6(1)(c) of the Act.

(4)

If the Minister is satisfied that —

(a)

a person was on or before the relevant date a genuine collector of specified prohibited weapons; and

(b)

the person is fit and proper to be an exempt collector of specified prohibited weapons; and

(c)

adequate arrangements exist to keep the collection secure,

the Minister may give to the person written notice that the person is an exempt collector.

(5)

If, after giving a notice under subregulation (4), the Minister is no longer satisfied as to any of the circumstances described in that subregulation, the Minister may give to the exempt collector written notice that, on a day specified in the notice (being a day that is not less than 30 days after the notice is given), the person ceases to be an exempt collector, and the notice has effect accordingly.

(6)

In this regulation —

exempt collector means a person who has been given a notice under subregulation (4) and has not ceased to be an exempt collector because of a notice under subregulation (5);

relevant date —

(a)

in relation to an article described in the third column of Schedule 1 item 3, 7, 10, 11, 12 or 13 — means 29 February 2000;

(b)

in relation to the article described in the third column of Schedule 1 item 7A — means 1 July 2011;

specified prohibited weapon means an article described in the third column of Schedule 1 item 3, 7, 7A, 10, 11, 12 or 13.

[Regulation 9 inserted: Gazette 10 Mar 2000 p. 1122‑3; amended: Gazette 8 Apr 2011 p. 1282‑3.]

10Prison officers and other authorised persons excepted from Act s. 6, 6A, 7 and 8

A person does not commit an offence under section 6, 6A, 7 or 8 of the Act only because of something done by the person in the performance of the person’s functions as —

(a)

a prison officer as defined in the Prisons Act 1981; or

(b)

a person authorised to exercise a power set out in Division 1, 2 or 3 of Schedule 2 to the Court Security and Custodial Services Act 1999 or a power set out in Schedule 3 to that Act.

[Regulation 10 inserted: Gazette 28 Jul 2000 p. 4027; amended: SL 2024/282 r. 10.]

10ACustodial officers excepted from Act s. 7 in relation to capsicum spray weapons

(1)

In this regulation —

custodial officer has the meaning given in the Young Offenders Act 1994 section 3(1).

(2)

A person does not commit an offence under section 7(1) of the Act only because the person, in the performance of the person’s functions as a custodial officer, carries or possesses a capsicum spray weapon.

(3)

A person does not commit an offence under section 7(2) of the Act only because the person, in the performance of the person’s functions as a custodial officer, carries or possesses a capsicum spray weapon in a manner that could reasonably be expected to cause someone —

(a)

to be injured or disabled; or

(b)

to fear that someone will be injured or disabled.

[Regulation 10A inserted: SL 2024/267 r. 6.]

Weapons Regulations 1999

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