New South Wales Consolidated Regulations

FIREARMS REGULATION 2017 - REG 59

59 Museum firearms permit

(1) The Commissioner may, on application by a person on behalf of a public museum containing a collection of firearms, issue a permit (a
"museum firearms permit" ) authorising the possession of those firearms and any related ammunition by the person.

(2) A museum firearms permit authorises the permit holder and an authorised museum officer to possess the firearms and ammunition to which the permit applies, but only while on the premises of the public museum or for purposes reasonably connected with the operation of the public museum.

(3) The Commissioner must not issue a museum firearms permit unless the applicant can demonstrate that the collection of firearms contained in the public museum has a genuine commemorative, historical, thematic or financial value.

(4) A museum firearms permit is subject to the following conditions--

(a) any pistol or any prohibited firearm that is part of the collection must be rendered permanently inoperable,

(b) any other firearm that is part of the collection must (unless the Commissioner approves of special arrangements that permit the technology or functioning of the firearm to be demonstrated when it is on display) be rendered temporarily inoperable--

(i) by removing the bolt or firing mechanism and keeping it separate from the firearm in a locked container that is of an approved type, or

(ii) by using a trigger lock of an approved type,

(c) the person in charge of the public museum concerned must, in accordance with such arrangements as are agreed on by the person and the Commissioner, permit inspection by a police officer (or such other person as may be approved) of the museum, the firearms and ammunition in the collection and the facilities for the storing and safe keeping of those firearms and ammunition,

(c1) in the case of ammunition to which the permit applies, the conditions set out in clause 74(3),

(d) such conditions as may be imposed by the Commissioner concerning the security of the public museum and the storage of the firearms and ammunition in the collection.

(5) Any special arrangements approved under subclause (4) (b) do not operate so as to allow the actual firing of the firearm concerned.

(5A) Subclause (4)(a) does not require pistols or prohibited firearms that are part of, or become part of, the collection of a public museum to be rendered permanently inoperable if--

(a) the public museum holds a museum firearms permit for the collection, and

(b) the Commissioner has, by notice in writing, granted the permit holder an exemption under this paragraph (a
"museum exemption" ).

(5B) The Commissioner may grant a museum exemption if satisfied that it is reasonable in the circumstances.

(5C) The museum exemption may be granted unconditionally or subject to conditions and may be amended or revoked at any time.

(5D) The Commissioner may revoke the museum exemption if satisfied the exemption is no longer reasonable in the circumstances.

(5E) Subclause (4)(b) applies to any pistol or any prohibited firearm that is part of the collection of the public museum at any time during which a museum exemption is in force in respect of the museum.

(6) In this clause--

"authorised museum officer" means a person who--

(a) is employed in, or who is otherwise engaged in the operation of, the public museum, and

(b) has been nominated by the permit holder, and

(c) is eligible to be issued with a permit, and

(d) is authorised in writing by the Commissioner.

"public museum" means a non-profit making institution that--

(a) has a written constitution that states the museum's charter, goals and policies, and

(b) has a stated acquisition policy, and

(c) acquires, conserves and exhibits objects of scientific or historical interest for the purposes of study, education and public enjoyment, and

(d) is sufficiently financed to enable the conduct and development of the museum, and

(e) has adequate premises to fulfil its basic functions of collection, research, storage, conservation, education and display, and

(f) is regularly open to the public.