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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Weapons (Digital 3D and
Printed Firearms) Amendment
Bill 2014
Queensland
Weapons (Digital 3D and Printed
Firearms) Amendment Bill 2014
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
69A Licensed armourers may manufacture firearms using
additive manufacturing process only if authorised . . . 4
4 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 5A Digital 3D firearms
Division 1 Preliminary
141C Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 5
141D Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 2 Digital firearm licences
141E Digital firearm licences . . . . . . . . . . . . . . . . . . . . . . . . 6
141F Digital firearm licence applications . . . . . . . . . . . . . . . 7
141G Deciding digital licence applications. . . . . . . . . . . . . . 7
141H Notice of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
141I Issue of digital firearm licences . . . . . . . . . . . . . . . . . 9
141J Renewal of digital firearm licences . . . . . . . . . . . . . . . 9
141K Revocation of digital firearm licences . . . . . . . . . . . . . 11
Division 3 Offences relating to digital 3D firearms
141L Making of digital 3D firearms . . . . . . . . . . . . . . . . . . . 12
141M Acquisition and possession of digital 3D firearms . . . 12
141N Distribution of digital 3D firearms . . . . . . . . . . . . . . . . 13
5 Amendment of s 142 (Right to apply for review of decisions). . . . 13
6 Insertion of new pt 8, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 6 Transitional provision for Weapons (Digital 3D
and Printed Firearms) Amendment Act 2014
Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
Contents
192 Existing manufacture of firearms using additive
manufacturing process . . . . . . . . . . . . . . . . . . . . . . . . 14
7 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 15
Page 2
2014
A Bill
for
An Act to amend the Weapons Act 1990 for particular purposes
Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Weapons (Digital 3D and 3
Printed Firearms) Amendment Act 2014. 4
Clause 2 Act amended 5
This Act amends the Weapons Act 1990. 6
Clause 3 Insertion of new s 69A 7
After section 69-- 8
insert-- 9
69A Licensed armourers may manufacture 10
firearms using additive manufacturing 11
process only if authorised 12
An armourer licensed to manufacture a firearm may 13
manufacture the firearm using an additive 14
manufacturing process only if authorised to do so 15
under a condition of the armourer's licence. 16
Maximum penalty-- 17
(a) if the firearm is a category A or B 18
weapon--20 penalty units; or 19
(b) if the firearm is a category C weapon--60 20
penalty units; or 21
(c) if the firearm is a category D, H or R 22
weapon--100 penalty units. 23
Clause 4 Insertion of new pt 5A 24
After section 141B-- 25
insert-- 26
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Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 4]
Part 5A Digital 3D firearms 1
Division 1 Preliminary 2
141C Application of pt 5A 3
This part does not apply to-- 4
(a) a licensed armourer authorised by a 5
condition of the armourer's licence to 6
manufacture firearms using an additive 7
manufacturing process; or 8
(b) a person mentioned in section 2(a) to (e), in 9
relation to the person acquiring, distributing, 10
possessing or making digital 3D firearms as 11
part of performing the duties or functions 12
mentioned in that section; or 13
(c) a person engaged in the manufacture or 14
assembly of digital 3D firearms for or on 15
behalf of the Government of the 16
Commonwealth or a State; or 17
(d) a person engaged in scientific or 18
experimental work relating to digital 3D 19
firearms under an authority granted by the 20
Minister. 21
Note-- 22
The commissioner of the police service may also grant a 23
person an exemption from the provisions of this 24
part--see section 2(1)(m). 25
141D Definitions for pt 5A 26
In this part-- 27
acquire, for a digital 3D firearm, includes accept, 28
obtain, purchase or receive or otherwise take 29
possession of the digital 3D firearm. 30
approved purpose means any of the following-- 31
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Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 4]
(a) conducting a business providing digital 3D 1
design and modelling services; 2
(b) conducting, for an educational institution 3
prescribed by regulation, scientific or 4
technical research relating to digital 3D 5
models or additive manufacturing processes; 6
(c) providing, for an educational institution 7
prescribed by regulation, educational or 8
teaching services relating to digital 3D 9
models or additive manufacturing processes; 10
(d) another purpose prescribed by regulation. 11
distribute, for a digital 3D firearm, includes-- 12
(a) send, supply or transmit the digital 3D 13
firearm, or a document that includes the 14
digital 3D firearm, to another person, 15
whether or not for reward; or 16
(b) publish the digital 3D firearm, or a 17
document that includes the digital 3D 18
firearm, to the public, including publish the 19
digital 3D firearm or document on the 20
internet. 21
make, for a digital 3D firearm, includes create, 22
design or produce the digital 3D firearm. 23
senior manager, of a corporation, means a 24
person who makes, or participates in making, 25
decisions that affect the whole or a substantial 26
part of the corporation's business, whether or not 27
the person is a director or secretary of the 28
corporation. 29
Division 2 Digital firearm licences 30
141E Digital firearm licences 31
A digital firearm licence authorises the holder of the 32
licence to do each of the following activities stated in 33
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Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 4]
the licence-- 1
(a) acquire a digital 3D firearm; 2
(b) distribute a digital 3D firearm; 3
(c) possess a digital 3D firearm; 4
(d) make a digital 3D firearm. 5
141F Digital firearm licence applications 6
An application for a digital firearm licence must-- 7
(a) be made in writing to an authorised officer; 8
and 9
(b) state-- 10
(i) which of the activities mentioned in 11
section 141E(a) to (d) the applicant 12
proposes to undertake; and 13
(ii) the purposes for which the applicant 14
proposes to undertake them; and 15
(c) if the applicant is an individual--be 16
accompanied by proof of the applicant's 17
identity; and 18
(d) if the applicant is a corporation-- 19
(i) state the name of an individual who is a 20
senior manager of the corporation (the 21
corporation's nominee) whom the 22
corporation nominates as its 23
representative; and 24
(ii) be accompanied by proof of the 25
identity of the corporation's nominee 26
and the position the nominee holds 27
within the corporation. 28
141G Deciding digital licence applications 29
(1) An authorised officer who receives a digital 30
licence application must decide whether to grant 31
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Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 4]
or refuse the application within 28 days (the 1
decision period) after receiving it. 2
(2) During the decision period, the authorised officer 3
may give the applicant a written notice requiring 4
the applicant to provide documents or 5
information the authorised officer reasonably 6
considers necessary to decide the application. 7
(3) If the applicant fails to comply with a 8
requirement under subsection (2) within the 9
decision period, the applicant is taken to have 10
withdrawn the application when the decision 11
period ends. 12
(4) The authorised officer must not grant the 13
application unless the officer is satisfied that-- 14
(a) the purpose for which the applicant 15
proposes to undertake each activity 16
mentioned in the application is an approved 17
purpose; and 18
(b) the applicant, or if the applicant is a 19
corporation, the corporation's nominee-- 20
(i) is an adult who is a fit and proper 21
person to hold a digital firearm licence, 22
having regard to the matters mentioned 23
in section 10B(1)(a) to (d); and 24
(ii) has not been convicted of an offence 25
mentioned in subsection 10B(2)(a); 26
and 27
(iii) is not a person against whom a 28
domestic violence order has been 29
made; and 30
(c) for an applicant that is a corporation--none 31
of the senior managers of the corporation-- 32
(i) have been convicted of an offence 33
mentioned in section 10B(2)(a); or 34
(ii) are a person against whom a domestic 35
violence order has been made. 36
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Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 4]
(5) The authorised officer may grant the application 1
subject to a condition the officer reasonably 2
considers appropriate. 3
141H Notice of decisions 4
(1) The authorised officer must give the applicant 5
written notice of the officer's decision to grant or 6
refuse the application within 10 days after the 7
decision period for the application ends. 8
(2) If the authorised officer refuses the application, 9
the notice must state the reasons for the refusal. 10
141I Issue of digital firearm licences 11
(1) If the authorised officer decides to grant the 12
application, the officer must issue a digital 3D 13
firearm licence to the applicant. 14
(2) A digital firearm licence must-- 15
(a) be issued in the approved form; and 16
(b) state the name of the holder of the licence; 17
and 18
(c) state the activities for which the licence is 19
issued; and 20
(d) state any conditions imposed on the licence; 21
and 22
(e) state the term of the licence, which must not 23
be more than 5 years. 24
141J Renewal of digital firearm licences 25
(1) The holder a digital firearm licence (the licensee) 26
may apply to renew the licence. 27
(2) The application for renewal (the renewal 28
application) must-- 29
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Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 4]
(a) be made in writing to an authorised officer; 1
and 2
(b) be made at least 60, but not more than 90, 3
days before the day the licence expires. 4
(3) The authorised officer must decide whether to 5
grant or refuse the renewal application within 30 6
days (the decision period) after receiving it. 7
(4) During the decision period, the authorised officer 8
may give the licensee a written notice requiring 9
the licensee to provide documents or information 10
the officer reasonably considers necessary to 11
decide the application. 12
(5) If the licensee fails to comply with a notice under 13
subsection (4) within the decision period, the 14
licensee is taken to have withdrawn the renewal 15
application when the decision period for the 16
renewal application ends. 17
(6) The authorised officer must not grant the renewal 18
application unless the officer is satisfied, for the 19
licensee, of the matters mentioned in section 20
141G(4). 21
(7) Within 10 days after the decision period ends, the 22
authorised officer must give the licensee a written 23
notice stating-- 24
(a) the officer's decision; and 25
(b) if the renewal application is granted--any 26
condition imposed on the renewed licence; 27
and 28
(c) if the renewal application is refused--the 29
reasons for the refusal. 30
(8) If the authorised officer grants the renewal 31
application, the officer must issue a new licence 32
under section 141I. 33
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Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 4]
141K Revocation of digital firearm licences 1
(1) The holder of a digital firearm licence (the 2
licensee) must give an authorised officer written 3
notice within 7 days after either of the following 4
events happens-- 5
(a) the licensee ceases to undertake the 6
activities the licensee is authorised to 7
undertake under the conditions of the 8
licence; 9
(b) the licensee, or if the licensee is a 10
corporation, the corporation's nominee or a 11
senior manager of the corporation-- 12
(i) is convicted of an offence mentioned in 13
section 10B(2)(a); or 14
(ii) becomes a person against whom a 15
domestic violence order has been 16
made. 17
(2) Within 7 days after the authorised officer receives 18
the notice mentioned in subsection (1), the officer 19
must give the licensee a written notice (the show 20
cause notice) requiring the licensee to show 21
cause why the licence should not be revoked. 22
(3) The show cause notice must state a period (the 23
show cause period), of at least 30 days, within 24
which the licensee may show cause why the 25
licence should not be revoked. 26
(4) At the end of the show cause period, the 27
authorised officer must revoke the licensee's 28
licence unless the officer is reasonably satisfied 29
the licensee has shown cause why the licence 30
should not be revoked. 31
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Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 4]
Division 3 Offences relating to digital 1
3D firearms 2
141L Making of digital 3D firearms 3
A person must not make a digital 3D firearm unless 4
the person is authorised to do so under a digital 5
firearm licence. 6
Maximum penalty-- 7
(a) if the digital 3D firearm is a digital 3D 8
model of a firearm that is a category A or B 9
weapon--20 penalty units or 6 months 10
imprisonment; or 11
(b) if the digital 3D firearm is a digital 3D 12
model of a firearm that is a category C 13
weapon--60 penalty units or 1 year's 14
imprisonment; or 15
(c) if the digital 3D firearm is a digital 3D 16
model of a firearm that is a category D, H or 17
R weapon--100 penalty units or 2 years 18
imprisonment. 19
141M Acquisition and possession of digital 3D 20
firearms 21
A person must not knowingly acquire, or knowingly 22
have possession of, a digital 3D firearm unless the 23
person is authorised to do so under a digital firearm 24
licence. 25
Maximum penalty-- 26
(a) if the digital 3D firearm is a digital 3D 27
model of a firearm that is a category A or B 28
weapon--20 penalty units or 6 months 29
imprisonment; or 30
(b) if the digital 3D firearm is a digital 3D 31
model of a firearm that is a category C 32
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Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 5]
weapon--60 penalty units or 1 year's 1
imprisonment; or 2
(c) if the digital 3D firearm is a digital 3D 3
model of a firearm that is a category D, H or 4
R weapon--100 penalty units or 2 years 5
imprisonment. 6
141N Distribution of digital 3D firearms 7
A person must not knowingly distribute a digital 3D 8
firearm unless the person is authorised to do so under 9
a digital firearm licence. 10
Maximum penalty-- 11
(a) if the digital 3D firearm is a digital 3D 12
model of a firearm that is a category A or B 13
weapon--60 penalty units or 1 year's 14
imprisonment; or 15
(b) if the digital 3D firearm is a digital 3D 16
model of a firearm that is a category C 17
weapon--100 penalty units or 2 years 18
imprisonment; or 19
(c) if the digital 3D firearm is a digital 3D 20
model of a firearm that is a category D, H or 21
R weapon--200 penalty units or 3 years 22
imprisonment. 23
Clause 5 Amendment of s 142 (Right to apply for review of 24
decisions) 25
Section 142(1)-- 26
insert-- 27
(g) a decision refusing an application for a 28
digital firearm licence; 29
(h) a decision refusing an application for 30
renewal of a digital firearm licence; 31
(i) a decision revoking a digital firearm licence. 32
Page 13
Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 6]
Clause 6 Insertion of new pt 8, div 6 1
Part 8-- 2
insert-- 3
Division 6 Transitional provision for 4
Weapons (Digital 3D and 5
Printed Firearms) 6
Amendment Act 2014 7
192 Existing manufacture of firearms using 8
additive manufacturing process 9
(1) This section applies if, before the 10
commencement-- 11
(a) an armourer (the licensed armourer) 12
licensed to manufacture firearms was 13
manufacturing firearms using an additive 14
manufacturing process; and 15
(b) there was no condition of the licensed 16
armourer's licence that authorised the 17
armourer to manufacture firearms in the way 18
described in paragraph (a). 19
(2) Within 3 months after the commencement, the 20
licensed armourer must apply to amend the 21
conditions of the armourer's licence to include a 22
condition authorising the armourer to 23
manufacture firearms in the way described in 24
subsection (1)(a). 25
(3) Despite section 69A, a licensed armourer who 26
complies with subsection (2) does not commit an 27
offence if the armourer continues to manufacture 28
firearms using an additive manufacturing process 29
during the period-- 30
(a) starting on the commencement; and 31
(b) ending on the day the application is decided. 32
(4) In this section-- 33
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Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014
[s 7]
commencement means the day this section 1
commences. 2
Clause 7 Amendment of sch 2 (Dictionary) 3
(1) Schedule 2, definition acquire-- 4
omit. 5
(2) Schedule 2-- 6
insert-- 7
acquire, for part 5A--see section 141D. 8
additive manufacturing process-- 9
(a) means a process by which a physical object 10
or thing is created, usually in a series of 11
layers, from a digital 3D model; and 12
(b) includes 3D printing. 13
approved purpose, for part 5A, see section 141D. 14
digital 3D firearm means a digital 3D model of a 15
firearm from which a physical version of the 16
firearm can be manufactured using an additive 17
manufacturing process. 18
digital 3D model means a digital mathematical 19
representation of a 3D object or thing. 20
distribute, for a digital 3D firearm, for part 5A, 21
see section 141D. 22
digital firearm licence see section 141E. 23
make, for a digital 3D firearm, see section 141D. 24
senior manager, of a corporation, for part 5A, 25
see section 141D. 26
Authorised by the Parliamentary Counsel
Page 15
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