New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and any Act that amends this Act.
(2) Any such savings or transitional provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later day.
(3) To the extent to which any such savings or transitional provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part--
"existing licence" means a licence--
(a) that was issued under a provision of the former Act (being a provision that has been repealed by this Act), and
(b) that was in force immediately before the provision was repealed.
(a) that was issued under a provision of the Firearms Regulation 1990 (being a provision that has been repealed by this Act), and
(b) that was in force immediately before the provision was repealed.
(cf APMC 11)
(1) This clause applies to the following kinds of prohibited firearms--(a) self-loading rimfire or centre-fire rifles,(b) self-loading or pump action shotguns,(c) such other prohibited firearms as may be prescribed by the regulations.
(2) Subject to the regulations, any person who--(a) acquired a firearm to which this clause applies before the commencement of this clause, and(b) is not the holder of a licence or permit under this Act authorising the person to possess the firearm,does not, during the period of 12 months starting on the commencement of this clause, commit an offence under section 7 of this Act in respect of the possession of that firearm.
(3) However, nothing in this clause authorises any such person to use a firearm to which this clause applies without the authority of a licence.
(1) Subject to the regulations and to this clause, an existing licence that authorised the possession or use of a firearm--(a) is taken to be a licence of the corresponding kind (as determined by the Commissioner) issued under this Act, and(b) continues to authorise the possession or use of the firearm in respect of which it was issued for the period of 12 months from the commencement of this clause (unless its term expires during that period or it is sooner surrendered or revoked in accordance with this Act).
(2) Except as provided by subclauses (3) and (4), nothing in this clause authorises a person, under the authority of any such existing licence, to continue to use a prohibited firearm.
(3) A person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production, may, during the 12 month period referred to in subclause (1) (b), continue to use (under the authority of an existing licence) a prohibited firearm of a kind to which a category C licence applies.
(4) A person referred to in paragraph (a) or (b) of the genuine reason of vertebrate pest animal control in the Table to section 12 of this Act may, during the 12 month period referred to in subclause (1) (b), continue to use (under the authority of an existing licence) a prohibited firearm of a kind to which a category D licence applies.
Subject to the regulations, an existing permit--
(a) is taken to be a permit of the corresponding kind (as determined by the Commissioner) issued under this Act, and
(b) continues, unless it is sooner surrendered or cancelled, in force for the unexpired portion (if any) of its term or until the end of the period of 12 months starting at the commencement of this clause (whichever is sooner).
(1) Any permit issued under the Prohibited Weapons Act 1989 authorising the possession or use of a prohibited firearm and in force immediately before the commencement of this clause--(a) is taken to be a permit of the corresponding kind (as determined by the Commissioner) issued under this Act, and(b) continues to authorise the possession of the firearm in respect of which it was issued for the period of 12 months from the commencement of this clause (unless its term expires during that period or it is sooner surrendered or revoked in accordance with this Act).
(2) However, nothing in this clause authorises the use of any such prohibited firearm.
The conditions to which an existing licence or existing permit is subject are, subject to the regulations, taken to be conditions imposed by the Commissioner under this Act, and any such condition may be changed or revoked in accordance with this Act.
Subject to the regulations, an applicant for a licence under this Act who has passed a firearms safety awareness course or a firearms safety test approved under clause 79 of the Firearms Regulation 1990 (as in force immediately before the repeal of that clause by this Act), is not required to complete any firearms training and safety course (as referred to in section 11 (3) (b) of this Act) before being issued with the licence.
Any application made under a repealed provision of the former Act or the Firearms Regulation 1990 that was not finally determined before the repeal of the provision by this Act is cancelled and does not have any operation with respect to this Act.
An appeal under Part 5 of the former Act that was pending immediately before the repeal of that Part by this Act is taken to have been made under Part 8 of this Act, except if it relates to a prohibited firearm.
A firearms prohibition order that was made under section 39 of the former Act, and in force immediately before the repeal of that section by this Act, is taken to be a firearms prohibition order under this Act.
Except as provided by the regulations, a reference in any instrument (other than this Act or the regulations) to any provision of the Firearms Act 1989 , or the Firearms Regulation 1990 , is to be read as a reference to the corresponding provision of this Act, or the regulations made under this Act, respectively.
(1) Section 17B extends to an application for a licence that was made, but not finally determined, before the commencement of that section.
(2) Section 44 (1), as substituted by the Firearms Amendment (Trafficking) Act 2001 , does not apply in respect of an application made before the commencement of that subsection.
(3) Section 44 (2), as substituted by the Firearms Amendment (Trafficking) Act 2001 , does not apply to the holder of a licence in force at the commencement of that subsection.
(4) Section 44 (3) extends to the holder of a licence in force at the commencement of that subsection.
Section 84 (3) does not apply in respect of an offence committed before the commencement of that subsection.
Section 51B does not apply in respect of a sale of a firearm that took place before the commencement of that section.
(1) Subject to the regulations, a person who acquired a firearm frame or receiver before the commencement of this clause that is not registered under Part 3 (as applied by section 93) does not, during the period of 6 months starting on the commencement of this clause, commit an offence under section 36 by possessing, purchasing or selling the frame or receiver.
(2) However, subclause (1) only operates in respect of the sale or purchase of an unregistered firearm frame or receiver if--(a) the person purchasing the frame or receiver is a licensed firearms dealer, or(b) the transaction has, in accordance with the regulations, been arranged through a licensed firearms dealer, or(c) in any case where a licensed firearms dealer is not (as determined by the regulations) reasonably available, the transaction is witnessed by a police officer authorised by the Commissioner.
(3) A person who is the holder of a licence or permit and who applies, on or before the expiry of the 6-month period referred to in subclause (1), for the registration of a firearm frame or receiver does not commit an offence under section 36 in respect of the possession of an unregistered firearm frame or receiver that is capable of forming part of a firearm to which the licence or permit relates before the person is notified of the registration or refusal of registration of the firearm or receiver.
(4) If, after the expiry of the 6-month period referred to in subclause (1), a person who applied for the registration of an unregistered firearm frame or receiver before the expiry of that period is notified that the application has been refused, the person must immediately surrender the frame or receiver to a police officer.Maximum penalty (subclause (4)): 50 penalty units or imprisonment for 12 months, or both.
(5) A person does not contravene any other provision of this Act just by surrendering a firearm frame or receiver in accordance with subclause (4).
The amendments made by Schedule 1 [6] and [9] to the Firearms Amendment (Public Safety) Act 2002 extend to an application for a licence or permit made (but not yet determined) before the commencement of those amendments.
(1) This clause applies to a firearms dealer licence that is due to expire on or before 31 December 2002.
(2) Any such licence continues in force until 30 June 2003 unless it is sooner surrendered or revoked or otherwise ceases to be in force.
(1) A category H licence issued for the genuine reason of sport/target shooting and in force immediately before the commencement of this clause is taken to be a category H (sport/target shooting) licence.
(2) Section 8 (as amended by the Firearms Amendment (Prohibited Pistols) Act 2003 ) extends to a category H licence in force immediately before the commencement of that amendment if the licence was issued for the genuine reason of sport/target shooting.
(3) Without limiting subclause (1), if the holder of a category H licence issued for the genuine reason of sport/target shooting was, immediately before the commencement of this clause, authorised by that licence to possess and use a specialised target pistol within the meaning of section 16B, the holder is taken to have been issued with a special pistol licence (as referred to in that section) in respect of that pistol.
Section 20 (b) (as amended by the Firearms Amendment (Prohibited Pistols) Act 2003 ) extends to a firearms collector licence in force immediately before the commencement of this clause.
(1) In this clause and in clause 22--
"buyback period" means the period referred to in section 78 (as substituted by the Firearms Amendment (Prohibited Pistols) Act 2003 ).
(2) A person who is the holder of a category H (sport/target shooting) licence does not commit an offence under section 7 or 7A in respect of the possession of a prohibited pistol acquired by the person before the buyback period.
(3) Subclause (2) ceases to have effect in relation to any such person once--(a) a police officer or other member of NSW Police makes a determination that the pistol is a prohibited pistol, or(b) the buyback period ends,whichever occurs first.
(4) Subject to the regulations, a person who is the holder of a firearms collector licence does not commit an offence under section 7 or 7A in respect of the possession of a post-1946 pistol acquired by the person before the buyback period.
(5) Subclause (4) ceases to have effect at the end of the buyback period.
(6) Nothing in this clause authorises a person to use a prohibited pistol or post-1946 pistol.
(1) This clause applies to a pistol fitted with a magazine that has a capacity of more than 10 rounds.
(2) A person who is the holder of a category H (sport/target shooting) licence does not, during the buyback period, commit an offence under section 51E (as inserted by the Firearms Amendment (Prohibited Pistols) Act 2003 ) in respect of the possession of a pistol to which this clause applies that was acquired by the person before the buyback period.
(3) Nothing in this clause authorises a person to use a pistol to which this clause applies.
For the purposes of section 51B (as amended by Schedule 2 [2] to the Firearms and Crimes Legislation Amendment (Public Safety) Act 2003 ), a consecutive period of 12 months may include a period part of which occurs before the commencement of that amendment so long as that part period does not exceed 30 days.
(1) In this clause--
"existing permit" means a theatrical armourer's permit issued under the Firearms Regulation 2006 and in force immediately before the commencement of this clause.
(2) An existing permit is taken to be a firearms dealer licence issued under this Act authorising the licence holder to carry on business as a theatrical armourer.
(3) The conditions to which the existing permit was subject are taken to be conditions imposed on the firearms dealer licence concerned. Any such conditions may be varied or revoked in accordance with this Act.
(4) Any such licence continues in force, unless it is sooner surrendered or revoked under this Act, for the remainder of the term for which the existing permit was issued.
In this Part,
"amending Act" means the Weapons and Firearms Legislation Amendment Act 2010
.
A permit issued in respect of a prohibited weapon referred to in clause 3 (2) of Schedule 1 to the Weapons Prohibition Act 1998 (as in force immediately before the repeal of that subclause by the amending Act) is taken to be a permit issued in respect of an imitation firearm under this Act and continues in force (unless it is sooner suspended, revoked or otherwise ceases to be in force) for the remainder of the term for which it was issued.
A determination by the Commissioner in respect of ammunition that is not commercially available and made under section 6A (as in force immediately before the substitution of that section by the amending Act) is taken to be a determination made under section 6A as so substituted.
Part 7 of this Act (as substituted by the Firearms and Criminal Groups Legislation Amendment Act 2013 ) extends to a firearms prohibition order in force immediately before that substitution.
In this Part--
"category B shotgun" means a lever action shotgun with a magazine capacity of
no more than 5 rounds.
"category D shotgun" means a lever action shotgun with a magazine capacity of
more than 5 rounds.
"special category B licence" means a special category B licence provided for
by this Part.
(1) A person in whose name a lever action shotgun was registered immediately before the commencement of this clause and whose possession of the shotgun was authorised at that time by a category A licence (referred to in this Part as the person's
"existing category A licence" ) is entitled to the benefit of the following transitional arrangements in respect of that particular shotgun but only while the shotgun remains registered in the name of the person--(a) if the person is not the holder of a category B licence, the person is deemed to be the holder of a special category B licence for the shotgun but only while the person's existing category A licence (or any renewal of that licence) is in force,(b) if the shotgun is a category D shotgun and the person is not the holder of a category D licence but is the holder of a category B licence (including a special category B licence), the shotgun is deemed to be a firearm to which a category B licence held by the person applies.
(2) A
"special category B licence" is a licence that authorises a person to possess or use a lever action shotgun (and no other firearm) that was registered in the name of the person immediately before the commencement of this clause, but only for the purpose established as being the genuine reason for possessing or using a firearm for the purposes of the person's existing category A licence (or any renewal of that licence) as in force from time to time.
(3) However, a special category B licence does not authorise the licensee to possess or use a category D shotgun at any time when the person holds a category D licence that authorises the possession or use of the shotgun and that is not subject to any condition imposed by the Commissioner under section 19 (1).
(4) A special category B licence that a person is deemed to hold is revoked if the person is granted a category B licence (not being a special category B licence) that authorises the possession or use of a lever action shotgun that the special category B licence applied to.
(5) A permit issued before the commencement of this clause that authorises a person to acquire a shotgun does not authorise the person to acquire a lever action shotgun after the commencement of this clause unless the person is--(a) the holder of a category B licence (not being a special category B licence) in the case of acquisition of a category B shotgun, or(b) the holder of a category D licence in the case of acquisition of a category D shotgun but only if the category D licence will authorise the possession or use of the shotgun once acquired.Note--: A category D licence may be subject to a limit on the number of firearms that the licensee is authorised to possess or use and so may not authorise the acquisition of another category D firearm.
Note--: A person has the benefit of the transitional arrangements of this clause only for the particular shotgun registered in the name of the person immediately before the commencement of this clause and only while the shotgun remains registered in the name of the person. A person loses the benefit of the transitional arrangements for a shotgun if it is supplied to another person or is lost, stolen or destroyed. The same principles apply to the transitional arrangements under clause 31 for a shotgun that a person has registered in their name in another jurisdiction immediately before the commencement of the interstate recategorisation amendments.
(1) A resident of another State or Territory in whose name a lever action shotgun was registered under the interstate law immediately before the commencement of the interstate recategorisation amendments and whose possession of the shotgun was authorised at that time under the interstate law by an interstate category A licence is subject to the following provisions in respect of that particular shotgun--(a) sections 26 (Recognition of interstate licences for certain purposes) and 27 (Interstate residents moving to this State) apply to the person as if the firearms to which a category A or B licence issued in this State apply include the shotgun concerned but only while the shotgun remains registered in the name of the person under the interstate law,(b) if the shotgun is a category D shotgun and a category B licence is issued to the person under this Act (not being a special category B licence), the shotgun is deemed to be a firearm to which a category B licence held by the person applies but only while the shotgun remains registered in the name of the person under this Act,(c) a category B licence issued to the person under this Act does not apply to the shotgun (despite paragraph (b)) if a category D licence issued to the person under this Act applies to the shotgun.
(2) Regulations under clause 1 may include provisions that are inconsistent with this clause.
(3) In this clause--
"interstate category A licence" means a licence issued under the interstate law that is equivalent to a category A licence issued under this Act.
"interstate law" means the law in force in the State or Territory of which the person is a resident.
"interstate recategorisation amendments" means amendments made to the interstate law that resulted in interstate category A licences ceasing to apply to lever action shotguns.
(1) The Commissioner may issue a licence as a special category B licence to a person who is deemed to hold a special category B licence, with the licence to specify details of the shotgun (or each shotgun) for which it is issued.
(2) The Commissioner may provide to a person a statement in writing certifying that a category B licence held by the person (including a special category B licence) is deemed under this Part to apply to a specified category D shotgun. The statement may be provided by being included in the category B licence concerned or separately.
(3) The Commissioner may waive payment of any fee that would otherwise be payable in respect of the issue of a category B or category D licence to a person who has the benefit of any transitional arrangements under this Part.
(1) The regulations are taken to have always been authorised to provide for the issue of a permit (a
"spear fishing powerhead permit" ) that authorised a person to possess and use a powerhead for the purposes of underwater spear fishing even if the person's use of a powerhead for that purpose would have been unlawful under another Act.
(2) The following provisions apply to a spear fishing powerhead permit issued or purporting to have been issued before the commencement of this clause--(a) the permit is validated to the extent of any invalidity arising from inconsistency between the regulations and another law,(b) the permit operated only for the purposes of this Act and did not authorise a contravention of any other law,(c) if the permit is in force immediately before the commencement of this clause it is revoked on the commencement of this clause.
(1) This clause applies to the amendments made to sections 11(5), 29(3) and 44A of this Act and clauses 5, 42 and 129 of the Firearms Regulation 2017 by the Justice Legislation Amendment Act (No 2) 2019 (the
"eligibility amendments" ).
(2) Any licence or permit that would have been validly issued or not issued during the transitional period if the eligibility amendments had been in force at the relevant time is taken to have been validly issued or not issued (as the case requires).
(3) Subclause (2) does not affect the validity of any decision made during the transitional period to issue or refuse to issue a licence or permit if the decision would have been valid even without the eligibility amendments.
(4) To avoid doubt, the eligibility amendments extend to an application for a licence or permit made, but not finally determined, before the commencement of this clause.
(5) In this clause--
"transitional period" means the period commencing on 24 September 2018 and ending immediately before the day this clause commences.
Note--: The Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 commenced on 24 September 2018. It included transitional provisions that converted good behaviour bonds into community correction orders and conditional release orders.
(1) This clause applies if--(a) a person legally acquires a self-loading centre-fire rifle or a self-loading shotgun under this Act, and(b) self-loading centre-fire rifles or self-loading shotguns of that type are subsequently adapted for military purposes.
(2) The person's self-loading centre-fire rifle or self-loading shotgun is not a prohibited firearm under Schedule 1, item 5 or 6 while the rifle or shotgun remains in the person's possession.