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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Weapons) Amendment
Bill 2010
A BILL FOR
An Act to amend the Summary
Offences Act 1953; and to make related amendments to the Protective
Security Act 2007, the Serious
and Organised Crime (Control) Act 2008 and the Sheriff's
Act 1978.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Summary Offences
Act 1953
4Repeal of sections 15
and 15A
5Insertion of
Part 3A
Part 3A—Weapons
etc
21AInterpretation
21ABExpiry of criminal
intelligence provisions
21BBody armour
21COffensive weapons and
dangerous articles etc
21DUnlawful selling or marketing of
knives
21ELawful
excuse
21FProhibited
weapons
21FAInformation relating to weapons related
injuries
21GWeapons prohibition order issued
by Commissioner
21HEffect of weapons prohibition
order
21IRight of appeal to District
Court
21IAReports
relating to weapons prohibition orders
21JPower to search for prohibited
weapons
21KForfeiture
21LGeneral
amnesty
21MRegulations
6Redesignation of
section 21A—Tattooing of minors
7Insertion of sections 72A,
72B and 72C
72APower to conduct metal
detector searches etc
72BSpecial powers to prevent
serious violence
section 72A or
72B
8Amendment
of section 74BAAB—Use of detection aids in searches
9Amendment
of section 85—Regulations
10Insertion of Schedule 2
Part
1—Interpretation
1Interpretation
Part 2—Dangerous
articles
2Dangerous
articles
Part 3—Prohibited
weapons
3Prohibited
weapons
Part 4—Exempt persons—prohibited
weapons
4Application of
Part
5Police
officers
6Delivery to
police
7Emergencies
8Executors
etc
9Heirlooms
10Collectors
11Prescribed services
organisations (RSL etc)
12Possession by collector on
behalf of prescribed services organisation or another
collector
13Manufacturers
etc
14Possession by
manufacturer etc on behalf of prescribed services organisation or another
collector
15Extendable batons—security
agents
16Dirks and
sgian dhus—members of Scottish
associations
17Poniards—lodges of Freemasons
etc
18Laser pointers
for astronomical use
19Undetectable knives used in
food preparation
20Business
purposes
21Religious
purposes
22Entertainment
23Sport and
recreation
24Ceremonies
25Museums and art
galleries
Schedule 1—Related amendments and
transitional provision
Part 1—Amendment of
Protective Security Act 2007
1Amendment of section
3—Interpretation
Part 2—Amendment of
Serious and Organised Crime (Control) Act 2008
2Amendment
of section 14—Court may make control order
Part 3—Amendment of
Sheriff's Act 1978
3Amendment of section
4—Interpretation
Part 4—Transitional
provision
4Declarations by Minister
continue
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Weapons) Amendment
Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Summary Offences
Act 1953
4—Repeal
of sections 15 and 15A
Sections 15 and 15A—delete the sections
After section 21 insert:
Part 3A—Weapons etc
21A—Interpretation
(1) In this Part—
body armour means a protective jacket, vest or other article
of apparel designed to resist the penetration of a projectile discharged from a
firearm;
criminal intelligence means information relating to actual or
suspected serious and organised criminal activity (whether in this State or
elsewhere) the disclosure of which could reasonably be expected to prejudice
criminal investigations, to enable the discovery of the existence or identity of
a confidential source of information relevant to law enforcement or to endanger
a person's life or physical safety;
dangerous article means an article or thing declared by
Schedule 2 Part 2 to be a dangerous article for the purposes of this
Part;
District Court means the Administrative and Disciplinary
Division of the District Court;
implement of housebreaking includes a picklock key, crowbar,
jack, bit or other implement of housebreaking;
knife includes a blade (for example a knife blade or razor
blade);
lawful excuse—see
section 21E;
licensed premises means premises licensed under the Liquor
Licensing Act 1997;
night means the interval between 9 pm on one day
and 6 am on the next day;
offence of violence means an offence where the
offender—
(a) uses a weapon, or threatens to use a weapon, against another;
or
(b) inflicts serious harm on another, or threatens to inflict serious harm
on another,
for the purpose of committing the offence, or escaping from the scene of
the offence;
offensive weapon includes a rifle, gun, pistol, knife, sword,
club, bludgeon, truncheon or other offensive or lethal weapon or instrument but
does not include a prohibited weapon;
official ceremony means a ceremony conducted—
(a) by the Crown in right of the State or the Commonwealth; or
(b) by or under the auspices of—
(i) the Government of the State or the Commonwealth; or
(ii) South Australia Police; or
(iii) the armed forces;
prohibited weapon means an article or thing declared by
Schedule 2 Part 3 to be a prohibited weapon for the purposes of this
Part;
school means a primary or secondary school;
serious and organised criminal activity means criminal
activity involving 2 or more persons who are reasonably suspected of associating
for the purpose of organising, planning, facilitating, supporting or engaging in
serious criminal activity (within the meaning of the Serious
and Organised Crime (Control) Act 2008);
suitable for combat, in relation to a knife, means suitable
for use as a weapon for inflicting injury on a person or causing a person to
fear injury;
violent behaviour means an unlawful act inflicting injury on
a person or causing a person to fear injury.
(2) For the purposes of this Part, a person will be taken to be
carrying a weapon or article if he or she has the weapon or
article on or about his or her person or if it is under his or her immediate
control.
21AB—Expiry of criminal intelligence
provisions
Information may not be classified as criminal intelligence for the purposes
of this Part after the day on which the Serious
and Organised Crime (Control) Act 2008 expires in accordance with
section 39 of that Act.
21B—Body armour
(1) A person who,
without the approval in writing of the Commissioner—
(a) manufactures, sells, distributes, supplies or otherwise deals in, body
armour; or
(b) uses or has possession of body armour,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) The Commissioner may, subject to such conditions and limitations as
the Commissioner thinks fit, give an approval to a person or a class of persons
for the purposes of
subsection (1) and
may revoke an approval or revoke or vary the conditions or limitations under
which an approval operates.
(3) The giving or a variation or revocation of an approval that applies to
a class of persons must be notified in the Gazette.
21C—Offensive weapons and dangerous articles
etc
(1) A person who,
without lawful excuse—
(a) carries an
offensive weapon or an article of disguise; or
(b) has possession of an implement of housebreaking,
is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) A person who,
without lawful excuse—
(a) manufactures, sells, distributes, supplies, or otherwise deals in,
dangerous articles; or
(b) uses or has possession of a dangerous article,
is guilty of an offence.
Maximum penalty: $7 500 or imprisonment for 18 months.
(3) A person who,
without lawful excuse, carries an offensive weapon or dangerous article at night
while in, or while apparently attempting to enter or leave—
(a) licensed premises; or
(b) a carparking area specifically or primarily provided for the use of
patrons of the licensed premises,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(4) It is a defence to prosecution for an offence against
subsection (3) to
prove that—
(a) if the charge relates to the defendant's being in licensed
premises—the defendant did not know and had no reason to believe he or she
was in premises where liquor was sold or supplied; or
(b) if the charge relates to the defendant's being in the vicinity of
licensed premises—the defendant did not know he or she was in the vicinity
of premises where liquor was sold or supplied.
(5) If on the trial of a person for an offence against
subsection (3) the
court is not satisfied that the person is guilty of the offence charged, but is
satisfied that the person is guilty of an offence against
subsection (1)
or
(2), the court may find
the person guilty of the offence against
subsection (1)
or
(2).
(6) A person (being a person who is otherwise entitled to do so) must not
use or have possession of a dangerous article unless he or she does so in a safe
and secure manner.
Maximum penalty: $1 250 or imprisonment for 3 months.
(7) A person who,
without lawful excuse, has possession of an offensive weapon in a school is
guilty of an offence.
Maximum penalty:
(a) for a first offence—$2 500 or imprisonment for
6 months;
(b) for a subsequent offence—$5 000 or imprisonment for
12 months.
(8) A person who,
without lawful excuse—
(a) uses an offensive weapon; or
(b) carries an offensive weapon that is visible,
in the presence of any person in a school or public place in a manner that
would be likely to cause a person of reasonable firmness present at the scene to
fear for his or her personal safety, is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(9) For the purposes of an offence against
subsection (8),
no person of reasonable firmness need actually be, or be likely to be, present
at the scene.
(10) If on the trial of a person for an offence against
subsection (7)
or
(8), the court is not
satisfied that the person is guilty of the offence charged, but is satisfied
that the person is guilty of an offence against
subsection (1)(a),
the court may find the person guilty of the offence against
subsection (1)(a).
21D—Unlawful selling or marketing of
knives
(1) A person who
sells a knife to a minor who is under the age of 16 years is guilty of an
offence.
Maximum penalty: $20 000 or imprisonment for 2 years.
(1a)
Subsection (1)
does not apply in relation to the sale of a knife if it is reasonable to infer
that the knife was made for the consumption of food.
(2) It is a defence
to prosecution for an offence against
subsection (1) to
prove that—
(a) the seller
requested the minor to produce evidence of age of a kind prescribed by
regulation; and
(b) the minor made a false statement or produced false evidence in
response to that request; and
(c) in consequence, the seller reasonably assumed that the minor was of or
above the age of 16 years.
(3) A person who makes a false statement or produces false evidence in
response to a request by a seller made in accordance with
subsection (2)(a)
is guilty of an offence.
Maximum penalty: $1 250.
(4) A person who
markets a knife in a way that—
(a) indicates, or suggests, that the knife is suitable for combat;
or
(b) is otherwise likely to stimulate or encourage violent behaviour
involving the use of the knife as a weapon,
is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 2 years.
(4a) No offence is
committed under
subsection (4) if a
person markets a knife solely in a way that indicates or suggests that the knife
is suitable for use in a lawful form of entertainment or a lawful and recognised
form of recreation or sport.
(5) For the purposes of this section, an indication or suggestion that a
knife is suitable for combat may (without limitation) be given or made by a name
or description—
(a) applied to the knife; or
(b) on the knife or on any packaging in which it is contained;
or
(c) included in any advertisement which, expressly or by implication,
relates to the knife.
(6) For the purposes of this section, a person markets a
knife if the person—
(a) sells or hires the knife; or
(b) offers, or exposes, the knife for sale or hire; or
(c) has possession of the knife for the purpose of sale or hire.
21E—Lawful excuse
(1) Nothing in this section limits the circumstances in which a person
will, or will not, be taken to have a lawful excuse for the purposes of this
Part.
(2) It will be a lawful excuse for a police officer to use, carry or
possess an offensive weapon or an implement or article if the use, carrying or
possession occurs in the course of the officer's duties as a police
officer.
(3) It will be a lawful excuse for a person to use, carry or possess an
offensive weapon if the use, carrying or possession is reasonably required in
the course of conducting his or her business or for the purpose or in the course
of his or her employment.
(4) It will be a lawful excuse for a person to use, carry or possess an
offensive weapon if the use, carrying or possession is reasonably required in
connection with—
(a) a lawful form of entertainment; or
(b) a lawful and recognised form of recreation or sport; or
(c) an official ceremony; or
(d) an official uniform; or
(e) in the case of a knife—
(i) the exhibition of knives for retail or other trade purposes;
or
(ii) an organised exhibition by knife collectors; or
(iii) the preparation or consumption of food.
(5) It will be a lawful excuse for a person to carry or possess an
offensive weapon if the carrying or possession is reasonably required in
connection with a museum or art gallery.
(6) The regulations may, however, despite a provision of this section,
prescribe circumstances in which certain convicted persons will not be taken to
have a lawful excuse for the purposes of this Part.
21F—Prohibited weapons
(a) manufactures,
sells, distributes, supplies or otherwise deals in, prohibited weapons;
or
(b) uses or has possession of a prohibited weapon,
is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 2 years.
(2) It is a defence
to prosecution for an offence against
subsection (1) to
prove that the defendant was, in accordance with—
(a) Schedule 2 Part 4; or
(b) a declaration made by the Minister under
subsection (4),
an exempt person in the circumstances of the alleged offence.
(a) may declare a person to be exempt from
subsection (1) in
the circumstances specified in the declaration; and
(b) may, on the
Minister's own initiative, vary or revoke such a declaration (provided that such
variation or revocation is of no effect unless the person has been given notice
of the variation or revocation).
(5) The declaration by the Minister under
subsection (4) may
be conditional or unconditional.
(6) An application to the Minister for a declaration must
be—
(a) in a form approved by the Minister; and
(b) accompanied by the fee prescribed by regulation.
(6a) The Minister must not make a decision on an application for a
declaration unless he or she has consulted with the Commissioner.
(7) A person
aggrieved by a decision of the Minister to vary or revoke a declaration may
appeal against the variation or revocation to the District Court.
(7a) The Minister
may delegate his or her powers under this section to any person or
body.
(7b) A delegation under
subsection (7a)—
(a) must be in writing; and
(b) may be conditional or unconditional; and
(c) does not derogate from the Minister's ability to exercise the power
under this section; and
(d) is revocable at will by the Minister.
(8) If the Minister
has not given the person reasons in writing for making the decision appealed
against, the Minister must do so on request made within 28 days after the
person received notice of the decision.
(9) If a decision was made because of information that is classified by
the Commissioner as criminal intelligence, the only reason required to be given
is that the decision was made on public interest grounds.
(10) An appeal under this section must be made—
(a) within 28 days after the person received notice of the decision
appealed against; or
(b) if a request for reasons in writing is made under
subsection (8)—within
28 days after the person received the reasons in writing.
(11) On an appeal under this section, the Court—
(a) must, on the application of the Commissioner, take steps to maintain
the confidentiality of information classified by the Commissioner as criminal
intelligence, including steps to receive evidence and hear argument about the
information in private in the absence of the parties to the proceedings and
their representatives; and
(b) may take evidence consisting of, or relating to, information that is
so classified by the Commissioner by way of affidavit of a police officer of or
above the rank of Superintendent.
(12) A person who is entitled to use or possess a prohibited weapon in
accordance with this section—
(a) must not use or possess the weapon unless he or she does so in a safe
and secure manner; and
(b) must take all reasonable steps to prevent access to the weapon by
persons who are not entitled to such use or possession.
Maximum penalty: $1 250 or imprisonment for 3 months.
21FA—Information relating to weapons related
injuries
(1) If a medical
practitioner or a registered or enrolled nurse has reasonable cause to suspect
in relation to a person who he or she has seen in his or her professional
capacity that the person is suffering from a wound inflicted by a weapon or
article of a kind referred to in this Part, the medical practitioner or nurse
must, within 1 month after forming the suspicion, make a report to the
Department (within the meaning of the Public
and Environmental Health Act 1987) containing—
(a) details of the wound; and
(b) any information provided to the practitioner or nurse about the
circumstances leading to the infliction of the wound (other than information
tending to identify the person).
(2)
Subsection (1)
does not apply if, in the opinion of the medical practitioner or the nurse, the
injuries are not serious and the medical practitioner or nurse believes on
reasonable grounds that the injuries were accidental.
(3) A person incurs no civil or criminal liability in taking action in
good faith in compliance, or purported compliance, with this section.
(4) In this section—
enrolled nurse means a person registered under the Health
Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a nurse (other
than as a student); and
(b) in the enrolled nurses division of that profession;
medical practitioner means a person registered under the
Health Practitioner Regulation National Law to practise in the medical
profession (other than as a student);
registered nurse means a person registered under the
Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a nurse (other
than as a student); and
(b) in the registered nurses division of that profession.
21G—Weapons prohibition order issued by
Commissioner
(1) The Commissioner may issue a weapons prohibition order against a
person if satisfied that—
(a) the person has (whether before or after the commencement of this
section)—
(i) been found guilty of an offence of violence; or
(ii) been declared liable to supervision under Part 8A of the Criminal
Law Consolidation Act 1935 by a court dealing with a charge of an
offence of violence; and
(b) possession of a prohibited weapon by the person would be likely to
result in undue danger to life or property; and
(c) it is in the public interest to prohibit the person from possessing
and using a prohibited weapon.
(2) A weapons prohibition order must be served on the person personally
and is not binding on the person until it has been so served.
(3) If the Commissioner proposes to issue a weapons prohibition order
against a person, a police officer may—
(a) require the person to remain at a particular place while the order is
prepared and issued so that the order may be served on the person; and
(b) if the person refuses or fails to comply with the requirement or the
officer has reasonable grounds to believe that the requirement will not be
complied with, arrest and detain the person in custody (without warrant)
for—
(i) so long as may be necessary for the order to be served on the person;
or
(ii) 2 hours,
whichever is the lesser.
(4) A weapons prohibition order served on a person must be accompanied by
a notice—
(a) setting out the Commissioner's reasons for issuing the order;
and
(b) setting out the terms and the effect of the order; and
(c) stating that the person may, within 28 days, appeal to the District
Court against the order.
(5) If the decision to issue the order was made because of information
that is classified by the Commissioner as criminal intelligence, the only reason
required to be given is that the decision was made on public interest
grounds.
(6) Subject to
subsection (7), a
weapons prohibition order issued against a person remains in force for a period
of 3 years from the date on which it was served on the person or for such lesser
period as may be specified in the order.
(7) The Commissioner
may, on his or her own initiative or on application, by notice in writing served
personally or by post on a person, revoke a weapons prohibition order issued
against the person.
(8) For the avoidance of doubt, the fact that a weapons prohibition order
issued against a person has ceased to be in force in accordance with
subsection (6), or
has been revoked in accordance with
subsection (7),
does not prevent the Commissioner from issuing a subsequent weapons prohibition
order against the person in accordance with this section.
21H—Effect of weapons prohibition
order
(1) A person to whom a weapons prohibition order applies is disqualified
from obtaining an exemption under
section 21F.
(2) While a weapons prohibition order applies to a person—
(a) any exemption under a regulation made for the purposes of
section 21F does not
apply in relation to the person unless the regulation expressly provides that it
will apply to such a person; and
(b) any exemption held by the person under
section 21F is
suspended.
(3) A person to whom a weapons prohibition order applies must not
manufacture, sell, distribute, supply, deal with, use or possess a prohibited
weapon.
Maximum penalty: $35 000 or imprisonment for 4 years.
(4) A person to whom
a weapons prohibition order applies—
(i) a place at which a person carries on the business of manufacturing,
repairing, modifying or testing prohibited weapons or buying, selling or hiring
out, prohibited weapons; or
(ii) any other place of a kind prescribed by regulation; and
(b) must not be in
the company of a person who has a prohibited weapon on or about his or her
person or under his or her immediate physical control.
Maximum penalty: $10 000 or imprisonment for 2 years.
(4a) It is a defence to prosecution for an offence against
subsection (4)(a) to
prove that the person did not know, and could not reasonably be expected to have
known, that the place was a place of a kind referred to in that
paragraph.
(5) It is a defence to prosecution for an offence against
subsection (4)(b)
to prove that the person did not know, and could not reasonably be expected to
have known, that the other person had a prohibited weapon on or about his or her
person or under his or her immediate physical control.
(6) A person to whom a
weapons prohibition order applies must—
(a) immediately on becoming aware of the presence of a prohibited weapon
on premises at which the person resides, notify the Commissioner of that fact;
and
(b) comply with—
(i) a direction of the Commissioner, given in response to that
notification, that the person must not reside at the premises; or
(ii) any other direction of the Commissioner, given in response to that
notification, in relation to the weapon.
Maximum penalty: $10 000 or imprisonment for 2 years.
(9) A person must not
supply a prohibited weapon to a person to whom a weapons prohibition order
applies or permit such a person to gain possession of a prohibited
weapon.
Maximum penalty: $35 000 or imprisonment for 4 years.
(12) It is a defence to prosecution for an offence against
subsection (9) to
prove that the person did not know, and could not reasonably be expected to have
known, that a weapons prohibition order applies to the person.
(13) For the purposes of this section, if a person to whom a weapons
prohibition order applies is on or in premises or a vehicle, vessel or aircraft
(other than any premises, vehicle, vessel or aircraft to which the public are
admitted) when a prohibited weapon is found on or in the premises, vehicle,
vessel or aircraft, the person will be taken to possess the weapon unless it is
proved that—
(a) the person has notified the Commissioner of the presence of the weapon
in accordance with
subsection (6);
or
(b) the person did not know, and could not reasonably be expected to have
known, that the weapon was on or in the premises, vehicle, vessel or
aircraft.
(14) The Commissioner
may exempt a person, unconditionally or subject to conditions, from a specified
provision of this section and may vary or revoke an exemption by notice in
writing served personally or by registered post on the holder of the
exemption.
(15) The Commissioner may, by notice in the Gazette—
(a) exempt a class of persons, unconditionally or subject to conditions
specified in the notice, from a specified provision of this section;
and
(b) vary or revoke such an exemption.
21I—Right of appeal to District
Court
(1) A person aggrieved by a decision of the Commissioner—
(a) to issue a weapons prohibition order under
section 21G; or
(b) to vary or revoke an exemption under
section 21H(14),
may appeal against the decision to the District Court.
(2) If the
Commissioner has not given the person reasons in writing for making the decision
appealed against, the Commissioner must do so on request made within
28 days after the person received notice of the decision.
(3) If a decision was made because of information that is classified by
the Commissioner as criminal intelligence, the only reason required to be given
is that the decision was made on public interest grounds.
(4) An appeal under this section must be made—
(a) within 28 days after the person received notice of the decision
appealed against; or
(b) if a request for reasons in writing is made under
subsection (2)—within
28 days after the person received the reasons in writing.
(5) On an appeal under this section, the Court—
(a) must, on the application of the Commissioner, take steps to maintain
the confidentiality of information classified by the Commissioner as criminal
intelligence, including steps to receive evidence and hear argument about the
information in private in the absence of the parties to the proceedings and
their representatives; and
(b) may take evidence consisting of, or relating to, information that is
so classified by the Commissioner by way of affidavit of a police officer of or
above the rank of Superintendent.
21IA—Reports relating to weapons prohibition
orders
The following information must be included in the annual report of the
Commissioner under section 75 of the Police
Act 1998 (other than in the year in which this section comes into
operation):
(a) the number of weapons prohibition orders issued under
section 21G;
(b) the number of weapons prohibition orders revoked under
section 21G;
(c) the number of appeals under
section 21I and the
outcome of each appeal that has been completed or finally determined;
(d) any other information requested by the Minister.
21J—Power to search for prohibited
weapons
(1) A police officer
may, as reasonably required for the purpose of ensuring compliance with a
weapons prohibition order issued by the Commissioner—
(a) detain a person to whom this subsection applies and search the person
for prohibited weapons; and
(b) stop and detain a vehicle, vessel or aircraft to which this subsection
applies and search the vehicle, vessel or aircraft for prohibited weapons;
and
(c) enter premises to which this subsection applies and search the
premises for prohibited weapons.
(2)
Subsection (1)
applies—
(a) to a person to whom a weapons prohibition order issued by the
Commissioner applies; and
(b) to a vehicle, vessel or aircraft that a police officer suspects on
reasonable grounds is in the charge of a person to whom the subsection applies;
and
(c) to premises that a police officer suspects on reasonable grounds are
occupied by, or under the care, control or management of, a
person—
(i) who the police officer suspects on reasonable grounds of contravening
a weapons prohibition order; or
(ii) who has previously contravened a weapons prohibition order.
(3) If a prohibited weapon is delivered or seized under this section, it
must be forwarded immediately to the Commissioner.
21K—Forfeiture
A court that has convicted a person of an offence against this Part may
order that the weapon, implement or article in relation to which the offence was
committed be forfeited to the Crown.
21L—General amnesty
(1) The Commissioner
may, with the approval of the Minister, from time to time declare a general
amnesty from 1 or more of the provisions of this Part.
(2) An amnesty—
(a) must be declared by notice in the Gazette and in a newspaper
circulating generally throughout the State; and
(b) applies in relation to the provision or provisions of this Part
specified in the notice, either generally or subject to limitations specified in
the notice (the relevant provisions); and
(c) applies for the period specified in the notice; and
(d) applies for the benefit of all members of the class or classes of
persons affected by the relevant provisions; and
(e) is subject to the terms and conditions (if any) set out in the
notice.
(3) The Commissioner may, with the approval of the Minister, vary or
revoke the declaration of an amnesty under
subsection (1) by
notice in the Gazette and in a newspaper circulating generally throughout the
State.
21M—Regulations
Regulations made for the purposes of this Part may, without
limitation—
(a) provide that this Part or specified provisions of this Part do not
apply to a specified class of persons; and
(b) provide that this Part or specified provisions of this Part do not
apply to a specified class of weapon, implement or article; and
(c) prescribe evidentiary provisions to facilitate proof of an offence
against this Part.
6—Redesignation
of section 21A—Tattooing of minors
Section 21A—redesignate the section as
section 21N
7—Insertion
of sections 72A, 72B and 72C
After section 72—insert:
72A—Power to conduct metal detector searches
etc
(1) Subject to this
section, a police officer may, for the purpose of detecting the commission of an
offence under Part 3A, carry out a search in relation to—
(a) any person who is in, or is apparently attempting to enter or to
leave, an area to which this section applies; and
(b) any property in the possession of such a person.
(1a) A search referred to in
subsection (1) in
relation to a person or property must be carried out as follows:
(a) the search must, in the first instance, be a metal detector search and
must not proceed to a further search unless the metal detector search indicates
the presence or likely presence of metal;
(b) if the metal detector search indicates the presence or likely presence
of metal, a police officer may—
(i) require the person to produce the item detected by the metal detector;
and
(ii) if the person refuses or fails to produce such item—conduct a
search of the person for the purpose of identifying the item as if it were a
search of a person who is reasonably suspected of having, on or about his or her
person—
(A) stolen goods; or
(B) an object, possession of which constitutes an offence; or
(C) evidence of the commission of an indictable offence;
(c) a search will not be taken to be lawfully carried out under this
section unless it is carried out in accordance with procedures set out in the
regulations (being procedures that seek to minimise, as far as reasonably
practicable, any undue delay, inconvenience or embarrassment to persons being
subjected to a search under this section).
(2) This section
applies to the following areas:
(b) a public place
holding an event (being a community, cultural, arts, entertainment,
recreational, sporting or other similar event that is to be held over a limited
period of time) declared by the Commissioner by notice in the Gazette under
subsection (3);
(c) a car parking area specifically or primarily provided for the use of
patrons of an area referred to in
paragraph (a) or
(b).
(3) A declaration
referred to in
subsection (2)(b)—
(a) must be made in accordance with guidelines (if any) prescribed by
regulation; and
(b) must specify the event and the public place to which the declaration
relates; and
(c) must specify that the declaration operates during the period for which
the event is held; and
(d) may be subject to conditions specified in the notice.
(4) The Commissioner
must cause notice of the declaration to be published in a newspaper circulating
throughout the State before the commencement of the period during which the
declaration will operate.
(5) Nothing in this section authorises a police officer to carry out a
search of a person, or property of a person, in his or her place of residence or
in a hotel room, lodging room or any other place in which he or she is
temporarily residing.
(7) The following information must be included in the annual report of the
Commissioner under section 75 of the Police
Act 1998 (other than in the year in which this section comes into
operation):
(a) the number of declarations made under
subsection (3);
(b) the following details about each declaration made under
subsection (3):
(i) the name and date of the event;
(ii) the location of the public place;
(c) the number of metal detector searches, and the number of searches
other than metal detector searches, carried out under this section;
(d) the locations at which those searches were carried out (for example,
licensed premises, a public place holding an event or elsewhere);
(e) in the case of a search carried out at a public place holding an
event—the event and period specified in the relevant declaration and the
date on which the notice of the declaration was published in the
Gazette;
(f) the number of occasions on which a metal detector search indicated the
presence, or likely presence, of any metal;
(g) the number of occasions on which weapons or articles of a kind
referred to in Part 3A were detected in the course of such searches and the
types of weapons or articles so detected;
(h) the number of occasions on which other kinds of weapons or articles
constituting evidence, or possible evidence, of the commission of an offence
were detected in the course of such searches and the types of weapons or
articles so detected;
(i) any other information requested by the Minister.
(8a) This section will expire 3 years after it comes into
operation.
(9) In this section—
licensed premises means—
(a) premises in respect of which 1 of the following classes of
licence is in force under the Liquor
Licensing Act 1997:
(i) a hotel licence;
(ii) a restaurant licence that includes an extended trading
authorisation;
(iii) an entertainment venue licence;
(iv) a club licence that includes an extended trading
authorisation;
(v) a special circumstances licence that includes an extended trading
authorisation;
(vi) a licence of a class prescribed by regulation;
(b) the premises defined in the casino licence, within the meaning of the
Casino
Act 1997, as the premises to which the licence relates;
(c) premises subject to a licence prescribed by regulation.
72B—Special powers to prevent serious
violence
(1) Subject to this
section, a police officer may, for the purpose of locating weapons and other
articles in an area to which this section applies, carry out a search in
relation to—
(a) any person who is in, or is apparently attempting to enter or to leave
the area; and
(b) any property in the possession of such a person.
(1a) A search referred to in
subsection (1) in
relation to a person or property must be carried out as follows:
(a) the search must, in the first instance, be a metal detector search and
must not proceed to a further search unless the metal detector search indicates
the presence or likely presence of metal;
(b) if the metal detector search indicates the presence or likely presence
of metal, a police officer may—
(i) require the person to produce the item detected by the metal detector;
and
(ii) if the person refuses or fails to produce such item—conduct a
search of the person for the purpose of identifying the item as if it were a
search of a person who is reasonably suspected of having, on or about his or her
person—
(A) stolen goods; or
(B) an object, possession of which constitutes an offence; or
(C) evidence of the commission of an indictable offence;
(c) a search will not be taken to be lawfully carried out under this
section unless it is carried out in accordance with procedures set out in the
regulations (being procedures that seek to minimise, as far as reasonably
practicable, any undue delay, inconvenience or embarrassment to persons being
subjected to a search under this section).
(2) This section
applies to an area in relation to which the exercise of powers under this
section is authorised in accordance with
subsection (3).
(3) A police officer
of or above the rank of Superintendent may authorise the exercise of powers
under this section in relation to an area if he or she has reasonable grounds to
believe—
(a) that an incident involving serious violence may take place in the
area; and
(b) such powers are necessary to prevent the incident.
(5) An authorisation
granted under
subsection (3)—
(a) must be granted in accordance with guidelines (if any) issued by the
Commissioner; and
(b) must specify the area to which the authorisation relates (which must
not be larger than is reasonably necessary for the purposes of the
authorisation); and
(c) must specify the grounds for granting the authorisation; and
(d) must specify a period of not more than 24 hours during which the
authorisation operates (the authorisation period); and
(e) may be subject to conditions specified by the police officer granting
the authorisation.
(6) An authorisation granted under
subsection (3) may
be varied or revoked by a police officer of or above the rank of Superintendent
at any time.
(7) An authorisation granted under
subsection (3) or
a variation or revocation of such an authorisation must be by instrument in
writing unless the police officer granting, varying or revoking the
authorisation is satisfied that circumstances of urgency exist in which case the
authorisation, variation or revocation may be oral, provided that it is reduced
to writing as soon as reasonably practicable.
(a) it is proposed to grant an authorisation in relation to an area;
and
(b) a previous authorisation has been granted in relation to that area or
a part of that area,
the authorisation period specified in the proposed authorisation must not
commence within 48 hours of the end of the authorisation period specified
in the previous authorisation, unless the consent of the Commissioner has been
obtained in accordance with
subsection (9).
(9) The Commissioner
may, by instrument in writing, give consent to the granting of an authorisation
of a kind specified in
subsection (8) if
the Commissioner is satisfied that it is in the public interest to do
so.
(10) The following information must be included in the annual report of
the Commissioner under section 75 of the Police
Act 1998 (other than in the year in which this section comes into
operation):
(a) the number of authorisations granted under
subsection (3) and
the nature of the incidents in relation to which such authorisations were
granted;
(b) the number of metal detector searches, and the number of searches
other than metal detector searches, carried out under this section, and
information identifying the authorisation pursuant to which those searches were
carried out;
(c) the number of occasions on which a metal detector search indicated the
presence, or likely presence, of any metal;
(d) the number of occasions on which weapons or articles of a kind
referred to in Part 3A were detected in the course of such searches and the
types of weapons or articles so detected;
(e) the number of occasions on which other kinds of weapons or articles
constituting evidence, or possible evidence, of the commission of an offence
were detected in the course of such searches and the types of weapons or
articles so detected;
(f) the number of occasions on which the Commissioner gave consent under
subsection (9);
(g) any other information requested by the Minister.
72C—General provisions relating to exercise of
powers under
section 72A or
72B
(a1) A metal detector search carried out under
section 72A or
72B must be
conducted—
(a) using only a metal detector of a kind approved by the Commissioner;
and
(b) in accordance with any directions issued by the
Commissioner.
(1) Nothing in
section 72A or
72B derogates from the power
of a police officer to do anything pursuant to a general search
warrant.
(2a) A police officer must ensure that any exercise of powers under
section 72A or
72B does not unreasonably
interfere with a person's right to participate in lawful advocacy, protest,
dissent or industrial action.
(4) A police officer conducting a search under
section 72A or
72B may—
(a) enter and remain in any premises or place necessary for the purpose of
conducting the search; and
(b) give such directions as are reasonably necessary for, or incidental
to, the effective conduct of the search; and
(c) give such directions as are reasonably necessary to determine the
nature of anything found as a result of the search.
(5) A police officer may only detain a person, by directions given under
section 72A
or
72B, for so long
as is reasonably necessary to carry out a search in relation to the person and
any property in the possession of the person.
(6) A person must not—
(a) hinder or obstruct a police officer in the exercise of the powers
conferred by
section 72A or
72B; or
(b) refuse or fail to comply with a requirement made of the person, or a
direction given to the person, pursuant to
section 72A or
72B.
Maximum penalty: $2 500 or imprisonment for 6 months.
(7) For the avoidance of doubt, a search may be conducted in accordance
with
section 72A
or
72B whether or not
it would be lawful to conduct a search in accordance with any other provision of
this Part.
(8) In any proceedings, an apparently genuine document purporting to be a
certificate signed by the Commissioner and certifying that—
(a) a particular area was subject to an authorisation properly granted in
accordance with
section 72B during a
period specified in the certificate; or
(b) a device used during a specified period to carry out metal detector
searches within a specified area, or at a specified place, was a metal detector
approved by the Commissioner,
constitutes proof, in the absence of proof to the contrary, of the matters
so certified.
8—Amendment
of section 74BAAB—Use of detection aids in
searches
Section 74BAAB(1)—delete subsection (1) and
substitute:
(1) A police officer may, in exercising powers under this Part, use a drug
detection dog, an electronic drug detection system, a metal detector or any
other system or device designed to assist in the detection of objects or
substances.
9—Amendment
of section 85—Regulations
(1) Section 85(2)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) vary the provisions of Schedule 2 (other than clauses 5 to 7
inclusive and 19 to 25 inclusive) by including provisions in, or deleting
provisions from, the Schedule;
(2) Section 85—after subsection (2) insert:
(3) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors; and
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or the
Commissioner.
After Schedule 1 insert:
Schedule 2—Weapons etc
Part 1—Interpretation
1—Interpretation
(1) In this Schedule, unless the contrary intention
appears—
catapult includes a shanghai and a slingshot;
designed includes adapted;
extendable baton of a prescribed kind means an extendable
baton that can only be extended by means of gravity or centrifugal
force;
number, in relation to the identification of a weapon, means
an identifying mark comprised of either numbers or letters or a combination of
both numbers and letters;
official ceremony means a ceremony conducted—
(a) by the Crown in right of the State or the Commonwealth; or
(b) by or under the auspices of—
(i) the Government of the State or the Commonwealth; or
(ii) South Australia Police; or
(iii) the armed forces;
prescribed masonic organisation means—
(a) the Antient,
Free And Accepted Masons Of South Australia and the Northern Territory
Incorporated; or
(b) a Lodge or Order of Freemasons warranted and recognised by the
association referred to in
paragraph (a);
or
(c) the Lodge of Freemasons named "The Duke of Leinster Lodge";
prescribed services organisation means—
(a) The Returned and Services League of Australia (S.A. Branch)
Incorporated or any of its sub-branches; or
(b) an association or other body (whether or not incorporated) that is a
member of the Consultative Council of Ex-Service Organisations (S.A.).
(2) For the purposes of this Schedule—
(b) a reference to a particular class of dangerous article is a reference
to the class of dangerous article as declared and described in Part 2;
and
(c) a reference to a particular class of prohibited weapon is a reference
to the class of prohibited weapon as declared and described in Part 3;
and
(d) if an article could, but for this paragraph, be declared by this
Schedule to be both a dangerous article and a prohibited weapon, it will be
taken, unless the contrary intention appears, to be declared to be a prohibited
weapon and not a dangerous article.
Part 2—Dangerous articles
2—Dangerous articles
Each of the following is declared to be a dangerous article for the
purposes of Part 3A of this Act:
(a) anti-theft case—a case, satchel or similar article
designed to administer an electric shock to a person who handles or interferes
with the case, satchel or article or its contents;
(b) bayonet—a stabbing weapon designed to be attached
to or at the muzzle of a rifle;
(c) blow gun—a blow-pipe or similar device or
instrument designed to propel an arrow, dart or similar projectile by air
expelled from the mouth;
(d) cross-bow—a cross-bow, other than a pistol
cross-bow as described in
Part 3
clause 3(s) of this Schedule;
(e) dart projector—a device (for example, a Darchery
Dart Slinger) designed to propel a dart by means of elastic material;
(f) gas injector device—a device (for example, a
Farallon Shark Dart or a WASP Injector Knife) designed to kill or injure an
animal by injecting a gas or other substance into the body of the
animal;
(g) plain catapult—a catapult made for commercial
distribution, other than a brace catapult as described in
Part 3
clause 3(b) of this Schedule;
(h) self-protecting spray—a device or instrument
designed to temporarily or permanently immobilise, incapacitate or injure a
person by the emission or discharge of an offensive, noxious or irritant liquid,
powder, gas or chemical;
(i) self-protection device—a hand held device or
instrument designed to temporarily or permanently immobilise, incapacitate or
injure a person by the emission or discharge of an electric current, sound waves
or electromagnetic energy.
Part 3—Prohibited weapons
3—Prohibited weapons
Each of the following is declared to be a prohibited weapon for the
purposes of Part 3A of this Act:
(a) ballistic knife—a device or instrument (other than
a dart projector) designed to fire or discharge a knife, dagger or similar
instrument by mechanical, percussive or explosive means;
(b) brace
catapult—a catapult (for example, a Saunders Falcon Hunting Sling)
that includes or is designed to be used with a brace fitted or resting on the
forearm or another part of the body in order to support the forearm or wrist
when the catapult is activated;
(c) butterfly knife—a knife comprised of a blade or
spike and a handle, in respect of which—
(i) the handle is in 2 sections that fold so as to wholly or
partially cover the blade or spike when the knife is not in use; and
(ii) the blade or spike can be exposed by gravity or centrifugal
force;
(d) chloroacetophenone—chloroacetophenone (known as
CN) in all its forms;
(e) concealed weapon—an article that appears to be
harmless but that conceals a knife, spike or other weapon;
(f) dagger—a
sharp, pointed stabbing weapon (other than a bayonet or sword), ordinarily
capable of being concealed on the person and having—
(i) a flat blade with cutting edges on both sides; or
(ii) a needle-like blade that has a round or elliptical cross section or
that has 3 or more sides;
(g) dirk
or sgian dhu—a ceremonial weapon associated with traditional
Scottish culture;
(h) dypenylaminechloroarsone—dypenylaminechloroarsone
(known as DM or adamsite) in all its forms;
(i) extendable baton—a baton designed for use as a
weapon that can be extended in length by gravity or centrifugal force or by a
release button or other device;
(j) fighting
knife—a knife (other than a bayonet or sword) designed for hand to
hand fighting, for example, a butterfly knife, dagger, flick knife, push knife
or trench knife;
(k) flick-knife—a knife in respect of
which—
(i) the blade is concealed when folded or recessed into the handle and
springs or is released into the extended position by the operation of a button
or other device on the handle; or
(ii) the blade is wholly or partially concealed by a sheath that can be
withdrawn into the handle of the knife by gravity, centrifugal force or by the
operation of a button or other device;
(l) hand or foot claw—an article designed as a weapon
consisting of prongs or other projections worn on the hands or feet (for
example, the martial arts weapons known as ninja hand claws, ninja foot claws or
ninja claws);
(m) knife belt—a belt or similar article (for example,
a Bowen Knife Belt) designed to hold a knife, dagger or similar instrument so
that the presence of the knife, dagger or instrument is concealed or disguised
when the belt or article is worn;
(n) knuckle
duster—a device or instrument designed to be worn across the
knuckles of a hand so as to—
(i) increase the force or impact of a punch or blow when striking another
with the hand; and
(ii) protect the knuckles from injury,
including a weighted or studded glove, but not including a boxing
glove;
(o) laser
pointer—a hand held device, commonly known as a laser pointer,
designed to emit a laser beam with an accessible emission level of greater than
1 milliwatt;
(p) morning star—an article designed as a weapon
consisting of a weight (whether or not with spikes or blades) attached to a
chain, rope or a length of other flexible material;
(q) nunchakus—a device comprised of 2 or more bars
joined by a chain, rope or other flexible material so that the bars can swing
independently of each other;
(r) orthochlorobenzalmalononitrile—orthochlorobenzalmalononitrile
(known as CS) in all its forms;
(s) pistol
cross-bow—a cross-bow designed for aiming and discharging an
arrow, dart, bolt or similar projectile when held in one hand;
(t) poniard—a
ceremonial weapon associated with the traditions of a prescribed masonic
organisation;
(u) push knife—a knife (for example, an Urban Pal
Knife) comprised of a blade or spike with a transverse handle that is
designed—
(i) to be held between the fingers or the forefinger and thumb with the
handle supported by the palm of the hand; and
(ii) to inflict injury by a punching or pushing movement;
(v) star knife—a device comprised of a number of
points, blades or spikes pointing outwardly from a central axis and designed to
spin around that axis, and capable of causing serious injury, when
thrown;
(w) throwing knife—a knife that is designed to cause
serious injury when thrown;
(x) trench knife—a knife comprised of a blade or spike
attached to one end of a handle that is designed to be held in the closed fist
with the fingers through the handle which serves as a knuckle duster;
(y) undetectable
knife—a knife that—
(i) is made wholly or partly of a material that prevents the knife from
being detected, or being detected as a knife, by either a metal detector or by a
method using X-rays; and
(ii) is capable of causing serious injury or death.
Part 4—Exempt persons—prohibited
weapons
4—Application of Part
(2) If—
(a) in this Part, a person is expressed to be an exempt person for the
purposes of 1 or more offences against section 21F(1) of this Act in
relation to a particular class of prohibited weapon; and
(b) the weapon is
included in 1 or more of the other classes of prohibited weapon,
the person is an exempt person in relation to that weapon for the purposes
of the offences even though he or she is not an exempt person in relation to a
prohibited weapon of the other class or classes referred to in
paragraph (b).
(3) The provisions of this Part (other than
clauses 5,
6,
7 and
8) do not apply to a person
who has, whether before or after the commencement of this Part, been found
guilty by a court of—
(a) an offence involving violence for which the maximum term of
imprisonment is 5 years or more; or
(b) an equivalent offence involving violence under the law of another
State or Territory of the Commonwealth or of another country.
(4) If a person is
an exempt person in relation to a weapon under a clause in this Part (other than
under
clauses 5,
6,
7 or
8) and a court finds the
person guilty of using the weapon to threaten or injure another person, he or
she ceases to be an exempt person in relation to that or any other weapon under
that clause and can never again become an exempt person under that
clause.
(5) A person who, prior to the commencement of this Part, ceased, in
accordance with regulation 7(4) of the Summary
Offences (Dangerous Articles and Prohibited Weapons)
Regulations 2000, to be an exempt person under a particular
regulation is taken not to be exempt under any corresponding provision of this
Part.
5—Police officers
A police officer is an exempt person for the purposes of an offence of use
or possession of a prohibited weapon under section 21F(1)(b) of this Act if
the officer uses or has possession of a prohibited weapon for the purpose or in
the course of his or her duties as a police officer.
6—Delivery to police
A person is an exempt person for the purposes of an offence of possession
of a prohibited weapon under section 21F(1)(b) of this Act if the person
has possession of a prohibited weapon for the purpose of delivering it as soon
as reasonably practicable to a police officer.
7—Emergencies
A person is an exempt person for the purposes of an offence of use or
possession of a prohibited weapon under section 21F(1)(b) of this Act if
the person uses or has possession of a prohibited weapon for the purpose, and in
the course, of dealing with an emergency (whether as a volunteer or in the
course of paid employment), provided that the person does not use the weapon to
threaten or injure another person.
8—Executors etc
(1) A person is an exempt person for the purposes of an offence of
possession of a prohibited weapon under section 21F(1)(b) of this Act if
the person has possession of a prohibited weapon in the course of his or her
duties—
(a) as the executor, administrator or other representative
of—
(i) the estate of a deceased person or a bankrupt; or
(ii) a person who is legally incompetent; or
(b) as receiver or liquidator of a body corporate.
(2) A person is an exempt person for the purposes of an offence of sale or
supply of a prohibited weapon under section 21F(1)(a) of this Act, if the
person sells or supplies a prohibited weapon in the course of his or her
duties—
(a) as the executor, administrator or other representative
of—
(i) the estate of a deceased person or a bankrupt; or
(ii) a person who is legally incompetent; or
(b) as receiver or liquidator of a body corporate,
provided that the sale or supply is to a person who is entitled to
possession of the weapon under section 21F of this Act.
9—Heirlooms
A person is an exempt person for the purposes of an offence of possession
of a prohibited weapon under section 21F(1)(b) of this Act if the person
has possession of a prohibited weapon that is of sentimental value to him or her
as an heirloom and that was previously in the possession of 1 or more of
his or her relatives provided that the person keeps the weapon in a safe and
secure manner at his or her place of residence and does not remove it except for
the purpose of—
(a) display by a person who is entitled under section 21F of this Act
to have possession of it for that purpose; or
(b) repair or restoration by a person who carries on a business that
includes the repair or restoration of articles of that kind; or
(c) valuation by a person who carries on a business that includes the
valuing of articles of that kind; or
(d) secure storage by a person who carries on the business of storing
valuable property on behalf of other persons; or
(e) permanently transferring possession of the weapon to another person
(being a person who is entitled under section 21F of this Act to have
possession of it).
10—Collectors
(1) A person is an
exempt person for the purposes of an offence of possession of a prohibited
weapon under section 21F(1)(b) of this Act if the person has possession of
a prohibited weapon as part of a collection of weapons or other artefacts or
memorabilia (comprised of at least 3 weapons, whether or not prohibited
weapons) that has a particular theme, or that the person maintains for its
historical interest or as an investment, provided that—
(a) the person
keeps the following records in a legible manner in a bound book at his or her
place of residence for a period that expires at the end of 5 years after he
or she ceases to be in possession of the collection:
(i) a record describing and identifying the weapon;
(ii) a record of the date of each occasion on which he or she obtains or
re-obtains possession of the weapon and the identity and address of the person
from whom he or she obtains or re-obtains possession;
(iii) the date of each occasion on which he or she parts with possession
of the weapon to another person and the identity and address of that person;
and
(b) the person keeps the weapon in a safe and secure manner at his or her
place of residence and does not remove it except for the purpose
of—
(i) display by a person who is entitled under section 21F of this Act
to have possession of it for that purpose; or
(ii) repair or restoration by a person who carries on a business that
includes the repair or restoration of articles of that kind; or
(iii) valuation by a person who carries on a business that includes the
valuing of articles of that kind; or
(iv) repair, restoration or valuation—
(A) by another collector who is, under this clause, an exempt person in
relation to a prohibited weapon; or
(B) by a person who is, under
clause 13, an exempt
person in relation to a prohibited weapon; or
(v) secure storage by a person who carries on the business of storing
valuable property on behalf of other persons; or
(vi) storage by another collector who is, under this clause, an exempt
person in relation to a prohibited weapon; or
(vii) returning it to—
(A) another collector who is, under this clause, an exempt person in
relation to a prohibited weapon; or
(B) a prescribed services organisation that is, under
clause 11, an exempt
person in relation to a prohibited weapon,
on whose behalf he or she has repaired, restored, valued or stored the
weapon; or
(viii) taking it to a meeting but only if the majority of persons at the
meeting are collectors who are, under this clause, exempt persons in relation to
prohibited weapons; or
(ix) its sale or supply to another person in accordance with
subclause (2);
and
(c) the person
permits a police officer at any reasonable time to enter his or her residential
premises to inspect the collection and the records kept under
paragraph (a).
(2) A person who is
an exempt person under
subclause (1)
will also be an exempt person for the purposes of an offence of sale or supply
of such a weapon under section 21F(1)(a) of this Act if the person sells or
supplies the weapon in the normal course of maintaining the collection, to a
person who is entitled to possession of a prohibited weapon under
section 21F of this Act.
(3) A reference in
subclause (1) to
the place of residence of a person will be taken, in the case of a body
corporate, to be a reference to the registered office of the body
corporate.
11—Prescribed services organisations (RSL
etc)
(1) A prescribed
services organisation is an exempt person for the purposes of an offence of
possession of a prohibited weapon under section 21F(1)(b) of this Act if it
has possession of a prohibited weapon of a kind acquired or used by one of its
members (or by a person that it represents) while on active war service as a
member of Australia's armed forces, provided that—
(a) the
organisation keeps the following records in a legible manner in a bound book at
its premises for a period that expires at the end of 5 years after it last
ceased to be in possession of the weapon:
(i) a record describing and identifying the weapon;
(ii) a record of the date of each occasion on which the organisation
obtains or re-obtains possession of the weapon and the identity and address of
the person from whom the organisation obtains or re-obtains
possession;
(iii) the date of each occasion on which the organisation parts with
possession of the weapon to another person and the identity and address of that
person; and
(b) the organisation keeps the weapon in a safe and secure manner at its
premises and does not remove the weapon except for the purpose
of—
(i) display by a person who is entitled under section 21F of this Act
to have possession of it for that purpose; or
(ii) repair or restoration by a person who carries on a business that
includes the repair or restoration of articles of that kind; or
(iii) valuation by a person who carries on a business that includes the
valuing of articles of that kind; or
(iv) repair, restoration or valuation—
(A) by a collector who is, under
clause 10, an exempt
person in relation to a prohibited weapon; or
(B) by a person who is, under
clause 13, an exempt
person in relation to a prohibited weapon; or
(v) secure storage by a person who carries on the business of storing
valuable property on behalf of other persons; or
(vi) its sale or supply to another person in accordance with
subclause (2);
and
(c) the organisation permits a police officer at any reasonable time to
enter the premises of the organisation to inspect the weapon and the records
kept under
paragraph (a).
(2) A person who is
an exempt person in relation to a prohibited weapon under
subclause (1)
will also be an exempt person for the purposes of an offence of sale or supply
of such a weapon under section 21F(1)(a) of this Act if the person sells or
supplies the weapon in the normal course of maintaining the collection, to a
person who is entitled to possession of a prohibited weapon under
section 21F of this Act.
12—Possession by collector on behalf of prescribed
services organisation or another collector
A person who is, under
clause 10, an exempt
person for the purposes of an offence of possession of a prohibited weapon under
section 21F(1)(b) of this Act (the first collector) will also
be an exempt person for the purposes of such an offence in relation to a
prohibited weapon that is owned by another collector or a prescribed services
organisation if—
(a) possession of the weapon by the first collector is solely for the
purpose of repairing, restoring, valuing or storing it on behalf of the
prescribed services organisation or the other collector; and
(b) the other collector is, under
clause 10, or the
prescribed services organisation is, under
clause 11, an exempt
person in relation to the weapon; and
(c) while the weapon is in the possession of the first collector, the
first collector complies with the conditions in
clause 10(1)(a)
to
(c) in relation to
the weapon as though it were part of the first collector's collection.
13—Manufacturers etc
A person is an exempt person for the purposes of an offence of manufacture,
sale, distribution, supply of, or other dealing in, possession or use of a
prohibited weapon under section 21F(1) of this Act if—
(i) has not been
found guilty by a court of an offence involving the use, or the threat of using,
a weapon; and
(ii) has notified
the Commissioner in writing that he or she is, or intends, manufacturing,
selling, distributing, supplying or otherwise dealing in prohibited weapons and
of—
(A) the person's full name; and
(B) the address of the place or places at which the person is, or intends,
conducting those activities; and
(C) the person's residential address; and
(D) in the case of a body corporate—the full name and residential
address of each of its directors; and
(iii) the possession and use is, or is to be, only to the extent
reasonably necessary for the purpose of manufacturing, selling, distributing,
supplying or otherwise dealing in the weapons (as the case requires);
and
(b) the weapons are kept in a safe and secure manner; and
(c) in the case of the sale, distribution or supply of, or other dealing
in, a prohibited weapon—the weapon is not sold, distributed or supplied
to, or dealt in with, a person who is under the age of 18 years;
and
(d) a prohibited weapon is not marketed (within the meaning of
section 21D of this Act) by the person in a way that—
(i) indicates, or suggests, that the weapon is suitable for combat;
or
(ii) is otherwise likely to stimulate or encourage violent behaviour
involving the use of the knife as a weapon; and
(e) in the case of the manufacture of prohibited weapons, each weapon
manufactured is marked with an identifying brand and number in a manner that
ensures that the brand and number cannot be removed easily and will not wear off
in the normal course of use of the weapon; and
(f) the person
keeps the following records in a legible manner (and in a form that is
reasonably accessible to a police officer inspecting the records under
paragraph (i))
at his or her business premises for a period of at least 5 years:
(i) a description
of each prohibited weapon that is, or has been, in his or her
possession;
(ii) the identifying brand and number (if any) that is marked on each of
those weapons;
(iii) the name and address of the person to whom he or she sells,
distributes, supplies, or with whom he or she otherwise deals in, each of those
weapons;
(iv) the date of each transaction; and
(g) the person permits a police officer at any reasonable time to enter
his or her premises or a vehicle in which prohibited weapons are carried to
inspect the premises or vehicle, the weapons on the premises or in the vehicle
or records kept by the exempt person under
paragraph (f);
and
(h) the person notifies the Commissioner in writing of a change in any of
the information referred to in
paragraph (a)(i)
and
(ii) within
7 days after the change occurs.
14—Possession by manufacturer etc on behalf of
prescribed services organisation or another collector
A person who is, under
clause 13, an exempt
person for the purposes of an offence of possession of a prohibited weapon under
section 21F(1)(b) of this Act (the manufacturer) will also be
an exempt person for the purposes of such an offence in relation to a prohibited
weapon that is owned by a collector or a prescribed services organisation
if—
(a) possession of the weapon by the manufacturer is solely for the purpose
of repairing or restoring the weapon or valuing or storing it on behalf of the
collector or prescribed services organisation; and
(b) the collector is, under
clause 10, or the
prescribed services organisation is, under
clause 11, an exempt
person in relation to the weapon.
15—Extendable batons—security
agents
(1) A person is an exempt person for the purposes of an offence of use or
possession of a prohibited weapon under section 21F(1)(b) of this Act in
relation to the use or possession of an extendable baton of a prescribed kind
if—
(a) the person is—
(i) authorised by a licence granted under the Security
and Investigation Agents Act 1995 to carry on the business of
protecting or guarding property as a security agent; and
(ii) the holder of a firearms licence under the Firearms
Act 1977 authorising the possession and use of a handgun in the
course of carrying on the business of guarding property; and
(b) the baton is kept in a safe and secure manner at the person's business
premises when not being used; and
(c) the baton is
marked with a number for identification and with the name of the person in a
manner that ensures that the number and name cannot be removed easily and will
not wear off in the normal course of use of the baton; and
(d) the baton is not issued to another person unless the other person
is—
(i) an employee in the business; and
(ii) an exempt person under
subclause (2);
and
(e) the person
keeps the following records in a legible manner (and in a form that is
reasonably accessible to a police officer inspecting the records under
paragraph (f))
at his or her business premises for a period of at least 5 years:
(i) the make and model of the baton and the identifying number marked on
the baton under
paragraph (c);
(ii) the date and time of every issue of the baton to an employee, the
identification number of the baton, the identity of the employee to whom the
baton is issued and the date and time when the baton is returned by the
employee;
(iii) the date or dates (if any) on which a person to whom the baton has
been issued uses the baton (as opposed to carrying the baton) in the course of
his or her duties and the reason for that use of the baton; and
(f) the person
permits a police officer at any reasonable time to enter his or her business
premises to inspect the baton, the manner in which the baton is kept and the
records kept under
paragraph (e);
and
(g) in the case of a natural person—
(i) the person has completed a course of instruction approved by the
Commissioner in the proper use of extendable batons and has been awarded a
certificate of competency by the person conducting the course; and
(ii) the person does not carry the baton while engaged in crowd
control.
(2) A person is an
exempt person for the purposes of an offence of use or possession of a
prohibited weapon under section 21F(1)(b) of this Act in relation to the
use or possession of an extendable baton of a prescribed kind if the
person—
(a) is employed to protect or guard property by a person who carries on
the business of protecting or guarding property; and
(b) is authorised by a licence granted under the Security
and Investigation Agents Act 1995 to protect or guard property as a
security agent; and
(c) is the holder of a firearms licence under the Firearms
Act 1977 authorising the possession and use of a handgun in the
course of employment by a person who carries on the business of guarding
property; and
(d) reasonably requires the possession of an extendable baton for the
purposes of carrying out the duties of his or her employment; and
(e) has completed a course of instruction approved by the Commissioner of
Police in the proper use of extendable batons and has been awarded a certificate
of competency by the person conducting the course; and
(f) has not been found guilty by a court of an offence involving the
illegal possession or use of an extendable baton, a firearm or any other weapon;
and
(g) does not carry the baton while engaged in crowd control; and
(h) as soon as reasonably practicable after using the baton in the course
of his or her duties, provides his or her employer with a written report setting
out the date on which, and the circumstances in which, he or she used the
baton.
16—Dirks and sgian dhus—members of Scottish
associations
A person is an exempt person for the purposes of an offence of possession
of a prohibited weapon under section 21F(1)(b) of this Act in relation to
the possession of a dirk or sgian dhu (alternative spelling "skean dhu")
if—
(a) —
(i) the person is a member of an incorporated association that has as its
sole or a principal purpose the fostering and preservation of Scottish culture
or the playing or singing of Scottish music; or
(ii) the person is a member of a society, body or other group (whether or
not incorporated) that is affiliated with an incorporated association and both
the society, body or group and the incorporated association with which it is
affiliated have as their sole or a principal purpose the fostering and
preservation of Scottish culture or the playing or singing of Scottish music;
and
(b) the person has possession of all of the clothes and other
accoutrements traditionally worn with the dirk or sgian dhu (or, if the dirk or
sgian dhu is traditionally worn with different clothes on different occasions,
he or she has possession of the clothes and accoutrements for at least 1 of
those occasions); and
(c) the person has possession of the dirk or sgian dhu solely for the
purpose of wearing it with that clothing and, in the case of a dirk, for the
purpose of using it in traditional Scottish ceremonies; and
(d) in the case of a dirk—the person only uses the dirk for the
purposes of traditional Scottish ceremonies; and
(e) the person keeps the dirk or sgian dhu in a safe and secure manner at
his or her place of residence and does not remove it except—
(i) for the purpose of wearing it with that clothing; or
(ii) for the purpose of lending it to a person who is entitled under
section 21F of this Act to have possession of it; or
(iii) for the purpose of permanently transferring possession of the dirk
or sgian dhu to another person (being a person who is entitled under
section 21F of this Act to have possession of it).
17—Poniards—lodges of Freemasons
etc
A prescribed masonic organisation is an exempt person for the purposes of
an offence of use or possession of a prohibited weapon under
section 21F(1)(b) of this Act in relation to the use or possession of a
poniard if—
(a) the poniard is kept at the premises of the association, Lodge or Order
concerned in a safe and secure manner and is not removed from the premises
except for the purpose of—
(i) repair or restoration by a person who carries on a business that
includes the repair or restoration of articles of that kind; or
(ii) valuation by a person who carries on a business that includes valuing
articles of that kind; or
(iii) permanently transferring possession of the poniard to another person
(being a person who is entitled under section 21F of this Act to have
possession of it); and
(b) the poniard is only used at the premises of the association, Lodge or
Order concerned for traditional ceremonial purposes.
18—Laser pointers for astronomical
use
A person is an exempt person for the purposes of an offence of use or
possession of a prohibited weapon under section 21F(1)(b) of this Act in
relation to the use or possession of a laser pointer if—
(a) the person is using or has possession of the laser pointer for the
purpose or in the course of participating in astronomy; and
(b) the person—
(A) the Astronomical Society of South Australia Incorporated; or
(B) the Mars Society Australia Incorporated; or
(ii) participates in astronomy under the supervision of a member of a body
referred to in
subparagraph (i);
or
(iii) participates in astronomy at an observatory; or
(iv) participates in astronomy as part of a course of study conducted by
an educational institution.
19—Undetectable knives used in food
preparation
A person is an exempt person for the purposes of an offence of use or
possession of a prohibited weapon under section 21F(1)(b) of this Act in
relation to the use or possession of an undetectable knife if the use or
possession is solely for the preparation of food or drink for human
consumption.
20—Business purposes
A person is an exempt person for the purposes of an offence of use or
possession of a prohibited weapon under section 21F(1)(b) of this Act if
the person uses or has possession of a prohibited weapon in the course of
conducting his or her business or in the course of his or her employment,
provided that—
(a) the use or possession of the weapon is reasonably required for that
purpose; and
(b) the use or possession of the weapon is not in the course or for the
purpose of manufacturing, selling, distributing, supplying or otherwise dealing
in the weapon.
21—Religious purposes
A person is an exempt person for the purposes of an offence of possession
of a prohibited weapon under section 21F(1)(b) of this Act in relation to
the possession of a knife (other than a butterfly knife, flick knife, push knife
or trench knife) or dagger if—
(a) the person is a member of a religious group; and
(b) the person possesses, wears or carries the knife or dagger for the
purpose of complying with the requirements of that religion.
22—Entertainment
A person is an exempt person for the purposes of an offence of use or
possession of a prohibited weapon under section 21F(1)(b) of this Act if
the person uses or has possession of a prohibited weapon in the course of
providing a lawful and recognised form of entertainment of other persons that
reasonably requires the use or possession of the weapon.
23—Sport and recreation
A person is an exempt person for the purposes of an offence of use or
possession of a prohibited weapon under section 21F(1)(b) of this Act if
the person uses or has possession of a prohibited weapon in the course of
participating in a lawful and recognised form of recreation or sport that
reasonably requires the use or possession of the weapon.
24—Ceremonies
A person is an exempt person for the purposes of an offence of use or
possession of a prohibited weapon under section 21F(1)(b) of this Act if
the person uses or has possession of a prohibited weapon in the course of an
official ceremony that reasonably requires the use or possession of the
weapon.
25—Museums and art galleries
A person is an exempt person for the purposes of an offence of possession
of a prohibited weapon under section 21F(1)(b) of this Act if the person
has possession of a prohibited weapon for the purposes of a museum or art
gallery.
Schedule 1—Related
amendments and transitional provision
Part 1—Amendment of Protective Security
Act 2007
1—Amendment
of section 3—Interpretation
Section 3, definition of dangerous object or substance,
(b)—delete paragraph (b) and substitute:
(b) a dangerous article, offensive weapon or prohibited weapon, in each
case within the meaning of section 21A of the Summary
Offences Act 1953; or
(ba) a firearm within the meaning of the Firearms
Act 1977; or
Part 2—Amendment of Serious and Organised
Crime (Control) Act 2008
2—Amendment
of section 14—Court may make control order
Section 14(5)(b)(ii)—delete "section 15" and substitute:
section 21A
Part 3—Amendment of Sheriff's
Act 1978
3—Amendment
of section 4—Interpretation
Section 4(1), definition of restricted item, (b)—delete
paragraph (b) and substitute:
(b) a dangerous article, offensive weapon or prohibited weapon, in each
case within the meaning of section 21A of the Summary
Offences Act 1953;
(ba) a firearm within the meaning of the Firearms
Act 1977;
Part 4—Transitional
provision
4—Declarations
by Minister continue
A declaration by the Minister in force under section 15(2d) of the
Summary
Offences Act 1953 immediately before the commencement of
section 5
continues in force as if it were a declaration by the Minister under
section 21F of that Act (as in force after the commencement of
section 5).