Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY
1. This Act may be cited as the Weapons Act 1991.
2. (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.
3. The Acts specified in Schedule 1 are repealed.
4. (1) In this Act, unless the contrary intention appears—“antique weapon” means a firearm manufactured before 1900 for which ammunition is not readily commercially available; “approved club” means a company, or an association, society, institution or body incorporated under the Associations Incorporation Act 1953, that is formed or carried on for the purpose of promoting or encouraging, whether directly or indirectly, the sport of shooting, whether or not its activities are carried on in whole or in part in the Territory, which is—
5. (1) For the purposes of this Act, a natural person is to be taken to have an approved reason for requiring a dangerous weapon if the person—
PART II--ADMINISTRATION
6. The chief police officer may, by instrument, appoint a person who is a police officer who holds a rank of or above that of Superintendent to be the Registrar of Weapons.
7. The Registrar has such functions as are conferred on the Registrar by this Act or any other law of the Territory.
8. The Registrar has power to do all things that are necessary or convenient to be done for, or in connection with, the functions of the Registrar.
9. (1) The Minister may, by notice in writing given to the Registrar, give directions to the Registrar with respect to the performance of his or her functions or the exercise of his or her powers, otherwise than in relation to a particular case.
10. The Registrar may, by writing signed by him or her, delegate any of his or her powers or functions under this Act.
11. (1) The chief police officer may appoint a person who is a police officer who holds a rank of or above that of Superintendent to act as Registrar—
12. (1) The Registrar shall keep for the purposes of this Act a register to be known as the Register of Weapons.
13. (1) The Registrar shall—
14. A person shall not, without reasonable excuse, contravene a guideline determined under section 13.
15. (1) The Minister may, by notice published in the Gazette, specify an amnesty period for the purposes of section 16, 17 or 18.
PART III--LICENCES
16. (1) A person shall not manufacture, have in his or her possession, acquire, sell or otherwise dispose of, any prohibited weapon.
17. (1) A person shall not manufacture, have in his or her possession, use, cause or permit to be used, acquire, sell or otherwise dispose of, a restricted weapon, except in accordance with a restricted weapons licence granted to the person in relation to that weapon.
18. A person shall not possess or use a dangerous weapon, other than a spear gun, unless the person is the holder of a dangerous weapons licence on which the weapon is registered or endorsed, or the person is otherwise authorised under this Act to possess or use the weapon.
19. A person shall not deal in dangerous weapons or restricted weapons unless the person is the holder of a dealer's licence.
20. (1) This Act does not apply to—
21. A licence is not required for, and a person shall be taken to be authorised to possess or use—
22. (1) A licence is not required for, and a person shall be taken to be authorised to possess, a dangerous weapon or a restricted weapon if—
23. (1) Application may be made to the Registrar by a natural person for a dangerous weapons licence.
24. (1) Subject to section 25, the Registrar shall grant a dangerous weapons licence if satisfied that the applicant for the licence—
25. The Registrar shall refuse to grant a licence under section 24—
26. Where the Registrar grants a licence to—
27. A licence granted under section 24 shall be in a form approved by the Registrar.
28. (1) Subject to this Act—
29. (1) Application for a restricted weapons licence may be made to the Registrar.
30. (1) The Registrar shall grant a restricted weapons licence if satisfied that—
31. A restricted weapons licence shall be in a form approved by the Registrar.
32. If—
33. A restricted weapons licence authorises the licensee to do, in respect of a restricted weapon, such of the following acts as are specified on the licence:
34. (1) Application for a dealer's licence may be made to the Registrar.
35. (1) The Registrar shall grant a dealer's licence if satisfied that the premises to which the application relates are suitable for carrying on the business of a licensed dealer, and—
36. The Registrar shall refuse to grant a dealer's licence if, in relation to the applicant for the licence, a ground specified in section 25 exists on which the Registrar could refuse to grant a dangerous weapons licence or corporate dangerous weapons licence.
37. A dealer's licence shall be in a form approved by the Registrar.
38. A dealer's licence authorises the licensee to do, in respect of a dangerous weapon or restricted weapon, such of the following acts as are specified on the licence:
39. (1) A licensed dealer shall not alter premises to which his or her licence relates, except with the approval of the Registrar.
40. (1) A licensed dealer shall keep in or on the premises to which the licence relates a book to be called the “Dealer's Book”.
41. A licensed dealer shall not knowingly or recklessly—
42. (1) A licensed dealer who, during a quarter manufactures, acquires, modifies, tests or repairs, or sells or otherwise disposes of, any dangerous weapon or restricted weapon, shall not, without reasonable excuse, fail to lodge with the Registrar a return in respect of that quarter.
43. A licensed dealer shall not, without reasonable excuse, keep any dangerous weapon or restricted weapon in his or her possession in the course of carrying on the business of a licensed dealer at a place other than the premises to which the licence relates.
44. (1) A licensed dealer shall not receive a dangerous weapon or restricted weapon tendered by a person for modification, testing or repair unless satisfied that the person—
45. The Registrar may, by notice in writing, require an applicant for a licence, the renewal of a licence, the registration or endorsement of a dangerous weapon on a dangerous weapons licence—
46. A person to whom a licence is granted under this Part shall not, without reasonable excuse, fail to sign his or her name in the place set apart on the licence for the signature of the licensee.
47. (1) The Registrar may, in a licence, specify conditions to which the licence is subject.
48. (1) Subject to subsection (2), a licence, unless sooner surrendered or revoked, remains in force for the period of 2 years commencing on the date of grant of the licence but may be renewed in accordance with section 49.
49. The Registrar shall, on application being made, and on payment of the determined fee, before the expiration of the term of a licence, renew the licence—
50. (1) Where the Registrar is satisfied that a licence in force under this Act has been lost, stolen or destroyed, the Registrar shall, upon payment of the determined fee, issue to the licensee a copy of the licence and that copy has, for the purposes of this Act, the same force and effect as the licence.
51. (1) Subject to this section, the Registrar may cancel a licence, or suspend a licence for such period as the Registrar thinks fit.
52. If a licensed dealer ceases to carry on business at the address to which the licence relates the licensee shall not, without reasonable excuse, fail to surrender the licence to the Registrar within 7 days of ceasing to carry on business at that address.
53. (1) Where a dangerous weapons licence or a corporate dangerous weapons licence ceases to have effect, the former licensee shall not, without reasonable excuse—
54. (1) The holder of a dangerous weapons licence shall, within 7 days after the date on which the person ceased to possess a weapon registered or endorsed on the licence—
55. (1) A licensee (other than a licensed dealer) shall not, without reasonable excuse, fail to notify the Registrar and to submit to the Registrar his or her licence within 7 days after a change of address entered in the Register in respect of that licensee.
PART IV--REGISTRATION AND ENDORSEMENT
56. (1) Application may be made to the Registrar by a person who is—
57. (1) Subject to subsection (2), the Registrar shall register a dangerous weapon if satisfied that—
58. (1) Where the Registrar refuses to register a dangerous weapon the licensee shall, not later than 7 days after the date of refusal—
59. Registration of a weapon under this Act is effected by the Registrar entering in the Register and on the licence in relation to that weapon the particulars referred to in subsection 12 (2).
60. (1) Where a person applies for renewal of a dangerous weapons licence under section 49, the Registrar may require the applicant to produce to the Registrar any dangerous weapon registered on the licence for the purpose of determining whether or not the weapon is safe.
61. Section 58 applies in relation to the cancellation of the registration of a weapon in the same way as it applies to the refusal of an application for registration.
62. Nothing in this Division shall be taken to authorise the holder of a dangerous weapons licence to apply to the Registrar for endorsement on his or her licence of a dangerous weapon that is a pistol grip weapon.
63. (1) The holder of a dangerous weapons licence may apply to the Registrar for endorsement on his or her licence of a dangerous weapon registered on a dangerous weapons licence held by another person.
64. The Registrar shall endorse a licence in accordance with section 65 if satisfied that—
65. Where the Registrar approves an application under section 63, the Registrar shall endorse the licence with a description of the dangerous weapon to which the application relates and—
66. (1) When the Registrar cancels the registration of a dangerous weapon under section 60, the Registrar shall require each person on whose licence that weapon is endorsed to produce his or her licence for the purposes of cancelling that endorsement.
67. (1) A person referred to in subsection 66 (3) shall, not later than 7 days after ceasing to be such a member, director, partner or employee, as the case may be—
PART V--POWERS OF ENTRY, SEARCH AND SEIZURE
68. (1) In this Part, unless the contrary intention appears—“offence” means any conduct (whether constituted by an act or omission) engaged in which constitutes, or which it is believed on reasonable grounds constitutes—
69. (1) For the purposes of ascertaining whether the provisions of this Act or the regulations are being complied with, a police officer may, without the authority of a warrant—
70. (1) Where a police officer has reasonable grounds for believing that a dangerous weapon, restricted weapon or prohibited weapon connected with an offence may be found in the possession of a person, or in or on a vehicle or vessel, the police officer may, without warrant—
71. (1) Before seeking the consent of the occupier of premises for the purposes of paragraph 69 (1) (b), a police officer shall inform the occupier that he or she may refuse to give that consent.
72. (1) Where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be, on any premises a dangerous weapon, restricted weapon or prohibited weapon or thing of a particular kind that—
73. (1) Where—
PART VI--OFFENCES GENERALLY
74. Where a body corporate is convicted of an offence against this Act or the regulations, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the court could impose as a pecuniary penalty for that offence.
75. A person shall not hinder or obstruct a police officer in the exercise of his or her powers or the performance of his or her duties under this Act.
76. (1) A person shall not, except with the written approval of the Registrar, deface or alter any number, letter or other identification mark on any dangerous weapon or restricted weapon.
77. (1) A person shall not sell, lend or give a restricted weapon to another person, unless the other person is the holder of a restricted weapons licence granted in respect of that weapon.
78. A person shall not sell a dangerous weapon or restricted weapon to another person (being a person who ordinarily resides in a State or another Territory), unless he or she has reasonable grounds for believing that the possession in that State or other Territory of such a weapon by that other person is not proscribed by a law of that State or other Territory.
79. (1) A person who is under the age of 14 years shall not possess a spear gun.
80. (1) Subject to subsection (2), a person who is carrying or has upon his or her person or under his or her immediate control, a dangerous weapon or restricted weapon, shall not, without reasonable excuse, refuse or fail to comply with a requirement of a police officer—
81. A licensee shall not possess a dangerous weapon that is registered on a licence which has been granted to another person unless—
82. (1) A licensee who lawfully has a dangerous weapon, other than a spear gun, in his or her possession shall keep the weapon in a locked container or under such conditions as to prevent another person from having access to the weapon without the specific consent of the owner.
83. (1) Where a dangerous weapon or restricted weapon in the lawful possession of a person is lost, destroyed or stolen, the person shall, within 2 days after becoming aware of its loss, destruction or theft, notify the Registrar accordingly.
84. (1) A person shall not, without reasonable excuse—
85. (1) A person shall not, without reasonable excuse, discharge a dangerous weapon or restricted weapon on, onto or across—
86. A person shall not carry or use a dangerous weapon or restricted weapon—
87. (1) In this section—“length of the stock” means the distance from the front of the trigger, or if there is more than one trigger, from the front of the rearmost trigger, to the centre of the rear butt plate or stock.
88. (1) A person whom authority to modify a dangerous weapon has been given under subsection 87 (2) shall, not later than 7 days after its modification, produce the weapon to the Registrar for the purpose of enabling the Registrar to determine whether the weapon has been modified in accordance with that authority.
89. A person shall not have in his or her possession, or use, a dangerous weapon that has been modified otherwise than in accordance with the authority of the Registrar.
90. (1) A person shall not possess ammunition.
91. (1) A person, other than a licensed dealer or an authorised member, shall not sell ammunition.
PART VII--MISCELLANEOUS
92. Where, under section 53 or 58, a dangerous weapon or restricted weapon is to be taken to have been surrendered to the Registrar, the Territory shall compensate the owner of the weapon.
93. If an applicant referred to in section 30, 57 or 60 produces to the Registrar a certificate signed by a licensed dealer stating that, in the opinion of a licensed dealer, the dangerous weapon the subject of the application is safe, the Registrar, in satisfying himself or herself for the purposes of that section, shall have regard to that certificate.
94. (1) Where, for the purposes of a prosecution for an offence against this Act, it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show—
95. (1) A person may make a complaint to the Registrar regarding any matter arising out of the grant of a dangerous weapons licence or a restricted weapons licence.
96. (1) Where a complaint is made under section 95 the Registrar—
97. In proceedings for an offence against this Act, a certificate signed by the Registrar stating that—
98. Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Registrar—
99. (1) Where the Registrar makes a decision of the kind referred to in section 98, the Registrar shall cause notice in writing of the decision and the reason for the decision to be given—
100. A notice that is required to be given to the Registrar may be given—
101. The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.
102. (1) The Executive may make regulations, not inconsistent with this Act, prescribing matters—
PART VIII--SAVINGS AND TRANSITIONAL
103. In this Part—“commencement date” means the date fixed under section 2.
104. (1) A person who, immediately before the commencement date was the holder of a gun licence under the repealed Act in respect of a pistol grip weapon shall, on and after that date, be deemed to be the holder of a dangerous weapons licence granted under section 24 of this Act in respect of that weapon.
105. (1) This section applies to a licence that was—
SCHEDULE 1
SCHEDULE 3