New South Wales Consolidated Regulations

FIREARMS REGULATION 2017 - REG 60

60 Production permit for firearms used in film, television or theatrical productions

(1) The Commissioner may, on application by a person on behalf of a film, television or theatrical production that will involve firearms, issue the person with a permit (a
"theatrical permit" ) in connection with the production.

(2) A theatrical permit authorises the permit holder to possess and use the firearms to which the permit relates, but only in connection with the production concerned.

Note : A theatrical permit is not limited to a firearm provided to the permit holder by a theatrical armourer and extends to a firearm that the permit holder acquires themselves. A permit to acquire is required to acquire a firearm.

(3) The authority conferred by a theatrical permit also authorises any other person directly involved in the production who--

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

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

(c) is authorised in writing by the Commissioner,

to possess and use a firearm to which the permit relates for the purposes of the production concerned, but only while under the supervision of the permit holder with that supervision to be as required by clause 156.

(4) The Commissioner must not issue a theatrical permit unless the Commissioner is satisfied that--

(a) the production concerned requires the possession or use of the firearms for which the permit is sought, and

(b) the applicant has adequate training in relation to the security and safe handling of the firearms, and

(c) the applicant's main duty in connection with the production concerned is that of controlling, and being responsible for the security and safe handling of, the firearms, and

(d) adequate security will be maintained over the firearms at all times, and

(e) the permit holder will supervise all handling of the firearms by those persons authorised under subclause (3).

(5) Any firearm to which a theatrical permit relates--

(a) must be maintained in a safe condition, and

(b) must be certified, by a licensed theatrical armourer who is proficient in firearms modification, as being a firearm the chamber of which has been modified to allow only blank cartridges to be used in the firearm.

(6) A theatrical permit is subject to the condition that only blank cartridges may be used in any firearm to which the permit relates.

(7) The permit holder must--

(a) keep in the approved form a register in which particulars of the following matters are kept--

(i) the types and registration numbers of firearms authorised under the theatrical permit,

(ii) the name of each person authorised to possess and use any such firearm, and the periods for which each such person had possession or use of the firearm,

(iii) the periods for which any firearm was removed from safe storage, and

(b) ensure that the register is kept in a place of safe keeping (not being a place in which any firearms are kept), and

(c) ensure that each entry that is made in the register is maintained for not less than 3 years after it is made, and

(d) if requested to do so by a police officer at any time, immediately produce the register to the officer and allow the officer to inspect, and make copies of any entry contained in, the register.

: Maximum penalty--50 penalty units.

Note : A producer intending to involve firearms in a production may either--

(a) appoint a person to control, and be responsible for the security and safe handling of, the firearms concerned (that person must then obtain a theatrical permit under this clause), or

(b) employ a licensed theatrical armourer to instruct and supervise the actors and other persons associated with the production in the possession and use of the firearms concerned.