Weapons Prohibition Regulation Review 2009

Weapons Prohibition Regulation 2009

On 1 September 2009, the Weapons Prohibition Regulation 1998 was repealed and the Weapons Prohibition Regulation 2009 commenced. Detailed below are a number of the key changes.

Expansion of prescribed offences

Clause 5, which prescribes the offences that disqualify applicants, has been expanded and now covers:

• offences relating to firearms or weapons (pre existing)
• offences relating to prohibited drugs etc (expanded on the old provision)
• offences involving violence (expanded on the old provision)
• offences of a sexual nature (new)
• offences involving fraud, dishonesty or stealing (new)
• offences involving robbery (new)
• offences relating to terrorism (new)
• offences involving organised criminal groups and recruitment ( pre existing)

The effect of this amendment is that both the Weapons Prohibition Regulation 2009 (the Regulation) and the Firearms Regulation 2006 detail the same offences that disqualify applicants.

Notification requirements

The requirements to notify the Commissioner of matters such as a change of premises where weapons are kept , or where a permit is lost, stolen or destroyed within 7days, has been changed to provide the permit holder a period of 14 days. This change is consistent with the amendments made to the notification periods in the Firearms Regulation 2006.

Instructor Permits

A person seeking to obtain an instructor permit will simply have to demonstrate accreditation as an instructor by an approved body or be a registered training organisation (within the meaning of the Vocational Education and Training Act 2005) that conducts a prohibited weapons training course that is accredited under that Act.

Re enactment event permits

Whilst a permit continues to be required by a historic or commemorative club or society that proposes to conduct an historical or commemorative re enactment event, a permit is no longer required to be obtained (formally known as the re enactment event participant permit) by the event participants.

The permit issued to the historic or commemorative club or society extends so as to authorise participants to possess and use the prohibited weapons to which the permit relates for the purpose of participating in those events.

Arms fair permits

Whilst a prohibited weapons – arms fair permit continues to be required to be held by a person who proposes to conduct an arms fair that involves displaying, buying or selling prohibited weapons, a prohibited weapons- arms fair participant permit is no longer required to be obtained by the participants.

The holder of a prohibited weapons – weapons dealer permit or a prohibited weapons – theatrical weapons armourer permit is authorised to display, buy and sell prohibited weapons to which the permit relates for the purpose of participating in an arms fair, under the authority conferred by the arms fair permit issued to the person conducting the arms fair.

New Requirements for a Theatrical Weapons Armourer

Clause 30 has been expanded so that a theatrical weapons armourer must, on re-application, demonstrate that he or she has been employed as a theatrical weapons armourer or has actively participated in the business of theatrical weapons armoury for a significant portion of the term of the permit; or has not been able to be so employed or the participate because of illness, redundancy or other reason satisfactory to the Commissioner.

Interim and Apprehended Violence Orders

Clause 34 details orders or decisions made in other jurisdictions, which are deemed to be an apprehended violence order for the purposes of paragraph (c) of the definition of apprehended violence order in section 4(1) of the Act and those which are deemed to be an interim apprehended violence order for the purposes of paragraph (b) of the definition of interim apprehended violence order in section 4(1) of the Act.

Handcuffs and extendable batons

Clause 3 of Schedule 1 of the Regulation expanded the persons afforded an exemption from the requirement to be authorised by a permit for the possession and use of handcuffs and batons whilst acting in the course of employment, or in the course of carrying on a business.

Persons exempt from the requirement for a permit to possess or use an extendable or telescopic baton (clause 2(17A of Schedule 1 of the Act)) or handcuffs (clause 4(2) of Schedule 1 of the Act) have been expanded and now include:

• an officer of Customs within the meaning of the Customs Act 1901 of the Commonwealth, and
• an administrative officer within the meaning of the Police Act 1990

It must be noted that nothing in the above exemption authorises the purchase of such items.

Miscellaneous Matters

Minor amendments have been made where necessary, predominately to recognise name changes.

One example is the expansion of persons eligible to be issued with a prohibited weapons -animal management permit under clause 25 of the Regulation. This permit was previously only available to veterinary practitioners or persons applying on behalf of organisations whose primary object was animal management. Now a student enrolled in a course of study referred to in section 21(1) (a) of the Veterinary Practice Act 2003 – namely a veterinary student – may also be issued this permit.

Clause 36 is the ‘Savings’ provision and provides that any act, matter or thing that, immediately before the repeal of the Weapons Prohibition Regulation 1999, had effect under that Regulation, continues to have effect under this Regulation.