Australian Capital Territory Numbered Acts

FIREARMS AND PROHIBITED WEAPONS LEGISLATION AMENDMENT ACT 2018 (NO. 1 OF 2018) - SECT 38

insert

12A     Possession and use of suppressors

    (1)     The registrar must not issue a permit authorising a person to possess or use a suppressor unless—

        (a)     the person is an authorised person; and

        (b)     the suppressor is being used for an authorised purpose.

    (2)     The following activities are authorised purposes for this section:

        (a)     at the direction, or under the authority, of a conservation officer—killing fauna on public land reserved under the territory plan

for a purpose mentioned in the Planning and Development Act 2007

, section 315 (Reserved areas—public land);

        (b)     for a conservation officer or veterinary surgeon—killing fauna to alleviate its suffering;

        (c)     for an employee of the CSIRO—undertaking an expedition to collect museum specimens;

        (d)     for a firearms dealer—carrying out activities that are reasonable and necessary for a firearms dealer to manufacture, acquire, dispose of, repair, maintain or test firearms or firearm parts;

        (e)     for a lessee of land held under a rural lease or a person authorised by the lessee—killing fauna on the rural lease.

    (3)     In this section:

"authorised person "means a person who—

        (a)     holds a licence or permit or is otherwise authorised under the Firearms Act 1996

to possess or use a prohibited firearm; and

        (b)     is—

              (i)     a conservation officer; or

              (ii)     contracted or otherwise authorised by the Territory to kill particular fauna; or

Note     The conservator or custodian of unleased land or public land must take reasonable steps to implement a controlled native species management plan and may authorise another person to take action to implement the plan (see Nature Conservation Act 2014

, s 167).

              (iii)     a veterinary surgeon; or

              (iv)     authorised by a licence under the Firearms Act 1996

to carry on business as a firearms dealer, including manufacturing, acquiring, disposing of, repairing, maintaining or testing firearms or firearm parts; or

              (v)     employed by the CSIRO; or

              (vi)     a lessee of land held under a rural lease, or a person lawfully authorised by the lessee.

"conservation officer" means a person who is appointed as a conservation officer under the Nature Conservation Act 2014

, section 28 (Conservation officers—appointment).

"CSIRO" means the Commonwealth Scientific and Industrial Research Organisation established by the Science and Industry Research Act 1949

(Cwlth).

"fauna "includes the following:

        (a)     a native animal;

        (b)     an animal declared to be a pest animal under the Pest Plants and Animals Act 2005

, section 16;

        (c)     stock.

"rural lease"—see the Planning and Development Act 2007

, dictionary.

"stock"—see the Stock Act 2005

, dictionary.