S. 3(1) def. of school inserted by No. 9/2003 s. 3, substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 9). non-Government school has the same meaning as in the Education and Training Reform Act 2006; S. 3(1) def. of nurse inserted by No. 52/2010 s. 26(a). nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); S. 3(1) def. of officer inserted by No. 53/2007 s. 3(2). officer, in relation to a body corporate, means a director, secretary or executive officer of the body corporate; S. 3(1) def. of police officer inserted by No. 47/2000 s. 5(1), amended by No. 43/2011 s. 7(a). police officer means— (a) a member of the police force; or (b) a police reservist, police recruit or protective services officer; or s. 3 (c) an employee in the office of the Chief Commissioner of Police; or (d) a member of the police force of the Commonwealth or of another State or a Territory of the Commonwealth; possession includes— (a) actual physical possession; and (b) custody or control; and (c) having and exercising access either solely or in common with others;
S. 5(1)(d) amended by No. 12/2012 s. 3(1). (d) display or advertise for sale— S. 5(1)(e) repealed by No. 12/2012 s. 3(2). * * * * * a prohibited weapon without an exemption under section 8B or an approval under section 8C. 240 penalty units or imprisonment for 2 years. S. 5(1AA) inserted by No. 42/2010 s. 5(2). (1AA) A person must not sell a prohibited weapon to a person (other than a child) without an exemption under section 8B or an approval under section 8C. 240 penalty units or imprisonment for 2 years. S. 5(1AB) inserted by No. 42/2010 s. 5(2). (1AB) A person (other than a child) must not purchase a prohibited weapon without an exemption under section 8B or an approval under section 8C. s. 5 240 penalty units or imprisonment for 2 years. S. 5(1AC) inserted by No. 42/2010 s. 5(2). (1AC) A person must not sell a prohibited weapon to a child. 240 penalty units or imprisonment for 2 years. S. 5(1AD) inserted by No. 42/2010 s. 5(2). (1AD) A child must not purchase a prohibited weapon. 25 penalty units. S. 5(1A) inserted by No. 53/2007 s. 4(1). (1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a prohibited weapon without— (a) an exemption under section 8B; or
(2) A prohibited person must not possess, use or carry an imitation firearm. Penalty: 1200 penalty units or imprisonment for 10 years. S. 5A inserted by No. 47/2000 s. 6. 5A Identifying persons purchasing prohibited weapons s. 5A S. 5A(1) amended by No. 53/2007 s. 5(1). (1) A person (the "seller") must require a person attempting to purchase a prohibited weapon from the seller (the "purchaser") to produce evidence as to the purchaser's identity— (a) by means of a passport, driver licence or other document in one of the prescribed categories, if that document bears a photograph of the purchaser; or S. 5A(1)(b) amended by No. 55/2009 s. 52(a). (b) by means of 2 documents in the prescribed categories but each in a different category; or S. 5A(1)(c) inserted by No. 55/2009 s. 52(b). (c) in the case of a purchaser who is authorised under the Police Integrity Act 2008 to possess, carry and use defensive equipment (within the meaning of that Act), by means of that authorisation and the purchaser's photographic identification as a member of staff of the Office of Police Integrity. 60 penalty units. S. 5A(2) amended by No. 53/2007 s. 5(2). (2) A person must not sell a prohibited weapon to a person who is unable to produce the required evidence of identity under subsection (1). 60 penalty units. S. 5A(3) amended by No. 53/2007 s. 5(3). (3) A person must not produce false evidence of identity under subsection (1). 120 penalty units.
S. 6(1B) inserted by No. 53/2007 s. 6(1). (1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission that person is not liable to be convicted or found guilty of an offence against subsection (1) in respect of the same act or omission. S. 6(2) amended by Nos 47/2000 s. 7(1)(b), 53/2007 s. 6(2). (2) A person must not carry a controlled weapon unless it is carried in a safe and secure manner consistent with the lawful excuse for which it is possessed or is carried or is to be used. 20 penalty units. (3) In this section lawful excuse includes— (a) the pursuit of any lawful employment, duty or activity; and (b) participation in any lawful sport, recreation or entertainment; and (c) the legitimate collection, display or exhibition of weapons— but does not include for the purpose of S. 6(4) inserted by No. 47/2000 s. 7(2). (4) In considering whether a person has lawful excuse to possess, carry or use a controlled weapon, the court must have regard to the circumstances, such as time and location, of the incident. 7 Control of use of dangerous articles s. 7 S. 7(1) amended by Nos 9/2003 s. 4, 53/2007 s. 7(1). (1) A person must not in a public place possess or carry a dangerous article without lawful excuse. 60 penalty units or imprisonment for 6 months.
S. 8B(4) inserted by No. 42/2010 s. 7(2). (4) The Governor in Council may— (a) grant an exemption under subsection (1) for a specified period or indefinitely; (b) vary or revoke an exemption at any time including an exemption granted for a specified period. S. 8C inserted by No. 47/2000 s. 9. 8C Approvals for prohibited weapons and body armour s. 8C S. 8C(1) amended by Nos 42/2010 s. 8, 35/2012 s. 14. (1) Subject to subsection (2), the Chief Commissioner of Police may grant an approval to a person to do anything that is otherwise prohibited by any provision of section 5 (except section 5(1AC) or (1AD)), 5AA, 5AB(1) or 8A. S. 8C(1A) inserted by No. 53/2007 s. 9(1). (1A) If an approval is granted under subsection (1) to a person who is a member of a partnership, the approval is taken to apply to each member of the partnership. (2) The Chief Commissioner cannot grant an approval under this section to— (a) a prohibited person; or S. 8C(2)(b) amended by No. 53/2007 s. 9(2). (b) a corrections officer, military officer or police officer in connection with their official duties; or S. 8C(2)(c) inserted by No. 53/2007 s. 9(3). (c) a person who is a member of a partnership if another member of the partnership is a prohibited person; or S. 8C(2)(d) inserted by No. 53/2007 s. 9(3). (d) a body corporate if an officer of the body corporate is a prohibited person.
weapons or respond to the threat of violence or disorder; and (b) must not exceed 12 hours. (5) A declaration under this section has effect for the period specified in the declaration. S. 10F inserted by No. 92/2009 s. 12, amended by No. 42/2010 s. 14. 10F Delegation by Chief Commissioner s. 10F Despite section 6A(1) of the Police Regulation Act 1958, the Chief Commissioner may delegate a power under section 10D or 10E only to a member of the police force of or above the rank of Assistant Commissioner of Police. S. 10G inserted by No. 92/2009 s. 12. 10G Power to search persons in designated area (1) A member of the police force may, without a warrant, stop and search a person, and search any thing in the possession of or under the control of the person for weapons, if the person and, if applicable, the thing are in a public place that is within a designated area. (2) Schedule 1 applies to the search of a person or thing under this section. (3) A member of the police force must conduct the least invasive search that is practicable in the circumstances. (4) A member of the police force may detain a person for so long as is reasonably necessary to conduct a search under this section. S. 10H inserted by No. 92/2009 s. 12. 10H Power to search vehicles (1) A member of the police force may, without a warrant, stop and search a vehicle, and anything in or on the vehicle, for weapons if— (a) the vehicle is in a public place that is within a designated area; and (b) there is a person in or on the vehicle.
S. 13(5) repealed by No. 26/1997 s. 8, new s. 13(5) inserted by No. 47/2000 s. 12(2). (5) An exemption under section 8A(2) as in force immediately before the commencement of section 8 of the Control of Weapons (Amendment) Act 2000 continues to be in force after that commencement according to its tenor as if it were an exemption given under section 8B. S. 13(6) inserted by No. 47/2000 s. 12(2). (6) An approval under section 8A as in force immediately before the commencement of section 8 of the Control of Weapons (Amendment) Act 2000 continues to be in force after that commencement according to its tenor as if it were an approval given under section 8C. S. 13(7) inserted by No. 47/2000 s. 12(2). (7) Any reference to a prescribed weapon in any document, including an exemption referred to in subsection (4), must be construed, so far as it relates to any period after the commencement of section 5 of the Control of Weapons (Amendment) Act 2000, as a reference to a prohibited weapon. S. 13(8) inserted by No. 47/2000 s. 12(2). (8) Any reference to a regulated weapon in any document must be construed, so far as it relates to any period after the commencement of section 5 of the Control of Weapons (Amendment) Act 2000, as a reference to a controlled weapon. S. 14 repealed by No. 26/1997 s. 8, new s. 14 inserted by No. 9/2003 s. 8. 14 Transitional provision s. 14 Section 10 as in force immediately before the commencement of section 6 of the Control of Weapons and Firearms Acts (Search Powers) Act 2003 continues to apply to searches conducted before that commencement. S. 15 repealed by No. 26/1997 s. 8, new s. 15 inserted by No. 53/2007 s. 14. 15 Transitional provision—Justice Legislation Amendment Act 2007 (1) The amendments made to this Act by sections 7(3), 7(4) and 7(5) of the Justice Legislation Amendment Act 2007 apply only to
Assent Date: 7.9.10 Commencement Date: S. 28 on 1.11.10: Government Gazette 28.10.10 p. 2583; ss 26, 27 on 1.7.11: s. 2(2) : This information relates only to the provision/s amending the Control of Weapons Act 1990 Subordinate Legislation Amendment Act 2010, No. 78/2010 Assent Date: 19.10.10 Commencement Date: S. 24(Sch. 1 item 6) on 1.1.11: s. 2(1) : This information relates only to the provision/s amending the Control of Weapons Act 1990 Education and Training Reform Amendment (School Safety) Act 2011, No. 11/2011 Assent Date: 10.5.11 Commencement Date: S. 5 on 24.11.11: Special Gazette (No. 379) 22.11.11 p. 1; s. 6 on 1.1.12: s. 2(2) : This information relates only to the provision/s amending the Control of Weapons Act 1990 Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011 Assent Date: 6.9.11 Commencement Date: Ss 7–13 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1 : This information relates only to the provision/s amending the Control of Weapons Act 1990 Control of Weapons and Firearms Acts Amendment Act 2012, No. 12/2012 Assent Date: 20.3.12 Commencement Date: Ss 3–6 on 16.5.12: Special Gazette (No. 157) 15.5.12 p. 1 : This information relates only to the provision/s amending the Control of Weapons Act 1990 Police and Emergency Management Legislation Amendment Act 2012, No. 35/2012 Assent Date: 13.6.12 Commencement Date: Ss 11–14, 17 on 16.5.12: s. 2(2) : This information relates only to the provision/s amending the Control of Weapons Act 1990 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes There are no entries at date of publication.