{"id":"qld:act-1990-071","name":"Weapons Act 1990","slug":"weapons-act-1990","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"71 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104889,"registerId":"qld-act-1990-071-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Weapons Act 1990 .","sortOrder":2},{"sectionNumber":"sec.1.3","sectionType":"section","heading":null,"content":"### Section sec.1.3\n\ns 1.3 om 1994 No. 13 s 4","sortOrder":3},{"sectionNumber":"sec.1.4","sectionType":"section","heading":null,"content":"### Section sec.1.4\n\ns 1.4 om 1994 No. 13 s 4","sortOrder":4},{"sectionNumber":"sec.2","sectionType":"section","heading":"Application of Act","content":"### sec.2 Application of Act\n\nThis Act does not apply to a person—\nwho is—\na member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or\na member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or\na member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when participating in the activities of the cadet force in which the person is a member; or\nCadet Forces Regulations 1977 (Cwlth) , section 2 —\ncadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets.\nmember means an officer, instructor or cadet in a cadet force.\nThe Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth) , the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth) .\nwho is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or\nwho is an officer of Customs in the Australian Border Force in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or\nwho is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or\nwho is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner—\nin respect of the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of the person’s functions as a member of the Queensland police service; or\nwhile the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or\nwho is undergoing an approved training course in respect of the person’s possession or use of a weapon as part of the training course; or\nwhilst, and to the extent, the person is actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or\nwhilst, and to the extent, the person is engaged in scientific or experimental work in relation to a weapon, including in relation to the manufacture of a weapon, under an authority given by the Minister for this section; or\nbeing a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or\nwho is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of—\na licensed dealer; or\nthe armed forces of the Commonwealth; or\nany authority of the Commonwealth or State;\nin respect of possession of merchandise consigned thereto or therefrom; or\nto whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions.\nThis Act does not apply to a government service entity or an employee of a government service entity in relation to the entity’s or employee’s acquisition, possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of—\nthe functions of the entity or employee; or\nif the functions of the entity or employee are prescribed under a regulation—those functions of the entity or employee that are prescribed.\nSubsection (2) does not exempt a government service entity or an employee of a government service entity from—\nthe application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or\nthe application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4) .\nThe conditions are—\nfor a government service entity—\nthe entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and\nthe entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details—\nwhere the weapon is stored;\nthe name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and\nat least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and\nthe entity issues the weapon to an employee only if it is satisfied—\nthe performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and\nthe employee holds a firearms licence; and\nthe employee is properly trained in the use of the weapon; and\nfor an employee of a government service entity—the employee holds a firearms licence.\nAn employee mentioned in subsection (4) (a) (iv) may possess any category of weapon in the performance of the employee’s functions even though the employee is not licensed to possess the category of weapon.\nThe condition mentioned in subsection (4) (a) (iv) (B) does not apply to a prescribed service entity.\nThe condition mentioned in subsection (4) (b) does not apply to an employee of a prescribed service entity.\nThe operation of this section is subject to the Domestic and Family Violence Protection Act 2012 , section 83 .\nIn this section—\nAustralian Border Force see the Australian Border Force Act 2015 (Cwlth) , section 4 (1) .\ngovernment service entity means—\na department of Government of the State; or\na museum under the control of the Government of the State or the Commonwealth; or\nanother entity prescribed under a regulation that—\nis established under an Act or under State authorisation for a public or State purpose; or\nis engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity;\nbut does not include the Queensland Police Service.\nofficer of Customs see the Customs Act 1901 (Cwlth) , section 4 (1) .\nprescribed service entity means an entity prescribed for the definition government service entity , paragraph (c) .\ns 2 amd 1991 No. 97 s 3 sch 1 ; 1994 No. 13 s 5 ; 1996 No. 41 s 4 ; 1997 No. 48 s 4 ; 1999 No. 9 s 3 sch ; 2002 No. 6 s 45 ; 2003 No. 37 s 4 ; 2004 No. 8 s 42 ; 2011 No. 37 s 4 ; 2012 No. 5 s 230 sch 1 pt 2 ; 2015 No. 27 s 16 ; 2026 No. 4 s 53\n(sec.2-ssec.1) This Act does not apply to a person— who is— a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when participating in the activities of the cadet force in which the person is a member; or Cadet Forces Regulations 1977 (Cwlth) , section 2 — cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets. member means an officer, instructor or cadet in a cadet force. The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth) , the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth) . who is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or who is an officer of Customs in the Australian Border Force in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or who is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner— in respect of the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of the person’s functions as a member of the Queensland police service; or while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or who is undergoing an approved training course in respect of the person’s possession or use of a weapon as part of the training course; or whilst, and to the extent, the person is actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or whilst, and to the extent, the person is engaged in scientific or experimental work in relation to a weapon, including in relation to the manufacture of a weapon, under an authority given by the Minister for this section; or being a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of— a licensed dealer; or the armed forces of the Commonwealth; or any authority of the Commonwealth or State; in respect of possession of merchandise consigned thereto or therefrom; or to whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions.\n(sec.2-ssec.2) This Act does not apply to a government service entity or an employee of a government service entity in relation to the entity’s or employee’s acquisition, possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of— the functions of the entity or employee; or if the functions of the entity or employee are prescribed under a regulation—those functions of the entity or employee that are prescribed.\n(sec.2-ssec.3) Subsection (2) does not exempt a government service entity or an employee of a government service entity from— the application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or the application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4) .\n(sec.2-ssec.4) The conditions are— for a government service entity— the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details— where the weapon is stored; the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and the entity issues the weapon to an employee only if it is satisfied— the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and the employee holds a firearms licence; and the employee is properly trained in the use of the weapon; and for an employee of a government service entity—the employee holds a firearms licence.\n(sec.2-ssec.5) An employee mentioned in subsection (4) (a) (iv) may possess any category of weapon in the performance of the employee’s functions even though the employee is not licensed to possess the category of weapon.\n(sec.2-ssec.6) The condition mentioned in subsection (4) (a) (iv) (B) does not apply to a prescribed service entity.\n(sec.2-ssec.7) The condition mentioned in subsection (4) (b) does not apply to an employee of a prescribed service entity.\n(sec.2-ssec.8) The operation of this section is subject to the Domestic and Family Violence Protection Act 2012 , section 83 .\n(sec.2-ssec.9) In this section— Australian Border Force see the Australian Border Force Act 2015 (Cwlth) , section 4 (1) . government service entity means— a department of Government of the State; or a museum under the control of the Government of the State or the Commonwealth; or another entity prescribed under a regulation that— is established under an Act or under State authorisation for a public or State purpose; or is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity; but does not include the Queensland Police Service. officer of Customs see the Customs Act 1901 (Cwlth) , section 4 (1) . prescribed service entity means an entity prescribed for the definition government service entity , paragraph (c) .\n- (a) who is— (i) a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or (ii) a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or (iii) a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when participating in the activities of the cadet force in which the person is a member; or Editor’s notes— 1 Cadet Forces Regulations 1977 (Cwlth) , section 2 — cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets. member means an officer, instructor or cadet in a cadet force. 2 The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth) , the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth) .\n- (i) a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or\n- (ii) a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or\n- (iii) a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when participating in the activities of the cadet force in which the person is a member; or\n- 1 Cadet Forces Regulations 1977 (Cwlth) , section 2 —\n- cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets.\n- member means an officer, instructor or cadet in a cadet force.\n- 2 The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth) , the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth) .\n- (b) who is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or\n- (c) who is an officer of Customs in the Australian Border Force in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or\n- (d) who is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or\n- (e) who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner— (i) in respect of the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of the person’s functions as a member of the Queensland police service; or (ii) while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or\n- (i) in respect of the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of the person’s functions as a member of the Queensland police service; or\n- (ii) while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or\n- (g) who is undergoing an approved training course in respect of the person’s possession or use of a weapon as part of the training course; or\n- (h) whilst, and to the extent, the person is actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or\n- (i) whilst, and to the extent, the person is engaged in scientific or experimental work in relation to a weapon, including in relation to the manufacture of a weapon, under an authority given by the Minister for this section; or\n- (k) being a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or\n- (l) who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of— (i) a licensed dealer; or (ii) the armed forces of the Commonwealth; or (iii) any authority of the Commonwealth or State; in respect of possession of merchandise consigned thereto or therefrom; or\n- (i) a licensed dealer; or\n- (ii) the armed forces of the Commonwealth; or\n- (iii) any authority of the Commonwealth or State;\n- (m) to whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions.\n- (i) a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or\n- (ii) a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or\n- (iii) a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when participating in the activities of the cadet force in which the person is a member; or\n- 1 Cadet Forces Regulations 1977 (Cwlth) , section 2 —\n- cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets.\n- member means an officer, instructor or cadet in a cadet force.\n- 2 The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth) , the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth) .\n- (i) in respect of the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of the person’s functions as a member of the Queensland police service; or\n- (ii) while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or\n- (i) a licensed dealer; or\n- (ii) the armed forces of the Commonwealth; or\n- (iii) any authority of the Commonwealth or State;\n- (a) the functions of the entity or employee; or\n- (b) if the functions of the entity or employee are prescribed under a regulation—those functions of the entity or employee that are prescribed.\n- (a) the application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or\n- (b) the application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4) .\n- (a) for a government service entity— (i) the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and (ii) the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details— (A) where the weapon is stored; (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and (iii) at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and (iv) the entity issues the weapon to an employee only if it is satisfied— (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and (B) the employee holds a firearms licence; and (C) the employee is properly trained in the use of the weapon; and\n- (i) the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and\n- (ii) the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details— (A) where the weapon is stored; (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and\n- (A) where the weapon is stored;\n- (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and\n- (iii) at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and\n- (iv) the entity issues the weapon to an employee only if it is satisfied— (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and (B) the employee holds a firearms licence; and (C) the employee is properly trained in the use of the weapon; and\n- (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and\n- (B) the employee holds a firearms licence; and\n- (C) the employee is properly trained in the use of the weapon; and\n- (b) for an employee of a government service entity—the employee holds a firearms licence.\n- (i) the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and\n- (ii) the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details— (A) where the weapon is stored; (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and\n- (A) where the weapon is stored;\n- (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and\n- (iii) at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and\n- (iv) the entity issues the weapon to an employee only if it is satisfied— (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and (B) the employee holds a firearms licence; and (C) the employee is properly trained in the use of the weapon; and\n- (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and\n- (B) the employee holds a firearms licence; and\n- (C) the employee is properly trained in the use of the weapon; and\n- (A) where the weapon is stored;\n- (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and\n- (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and\n- (B) the employee holds a firearms licence; and\n- (C) the employee is properly trained in the use of the weapon; and\n- (a) a department of Government of the State; or\n- (b) a museum under the control of the Government of the State or the Commonwealth; or\n- (c) another entity prescribed under a regulation that— (i) is established under an Act or under State authorisation for a public or State purpose; or (ii) is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity;\n- (i) is established under an Act or under State authorisation for a public or State purpose; or\n- (ii) is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity;\n- (i) is established under an Act or under State authorisation for a public or State purpose; or\n- (ii) is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity;","sortOrder":5},{"sectionNumber":"sec.3","sectionType":"section","heading":"Principles and object of Act","content":"### sec.3 Principles and object of Act\n\nThe principles underlying this Act are as follows—\nweapon possession and use are subordinate to the need to ensure public and individual safety;\npublic and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.\nThe object of this Act is to prevent the misuse of weapons.\ns 3 ins 1996 No. 41 s 5\n(sec.3-ssec.1) The principles underlying this Act are as follows— weapon possession and use are subordinate to the need to ensure public and individual safety; public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.\n(sec.3-ssec.2) The object of this Act is to prevent the misuse of weapons.\n- (a) weapon possession and use are subordinate to the need to ensure public and individual safety;\n- (b) public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"How object is to be achieved for firearms","content":"### sec.4 How object is to be achieved for firearms\n\nThe object of this Act is to be achieved for firearms by—\nprohibiting the possession and use of all automatic and self-loading rifles and automatic and self-loading shotguns except in special circumstances; and\nestablishing an integrated licensing and registration scheme for all firearms; and\nrequiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and\nproviding strict requirements that must be satisfied for—\nlicences authorising possession of firearms; and\nthe acquisition and sale of firearms; and\nensuring that firearms are stored and carried in a safe and secure way.\ns 4 ins 1996 No. 41 s 5\n- (a) prohibiting the possession and use of all automatic and self-loading rifles and automatic and self-loading shotguns except in special circumstances; and\n- (b) establishing an integrated licensing and registration scheme for all firearms; and\n- (c) requiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and\n- (d) providing strict requirements that must be satisfied for— (i) licences authorising possession of firearms; and (ii) the acquisition and sale of firearms; and\n- (i) licences authorising possession of firearms; and\n- (ii) the acquisition and sale of firearms; and\n- (e) ensuring that firearms are stored and carried in a safe and secure way.\n- (i) licences authorising possession of firearms; and\n- (ii) the acquisition and sale of firearms; and","sortOrder":7},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 5 Note—prev s 5 contained definitions for this Act. Definitions are now located in schedule 2 (Dictionary). Annotations for definitions contained in prev s 5 are located in annotations for sch 2.\namd 1995 No. 58 s 4 sch 1\npres s 5 sub 2003 No. 5 s 3 (1)","sortOrder":9},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Meaning of class A serious offence","content":"### sec.5A Meaning of class A serious offence\n\nA class A serious offence is—\nan offence against any of the following provisions of the Criminal Code —\nsection 302 ;\nsection 303 ;\nsection 320 ;\nsection 323 ;\nsection 409 , if—\nthe offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or\nat or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or\nan offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) .\nAn offence against a provision of the Criminal Code mentioned in subsection (1) (a) is a class A serious offence regardless of whether the provision has been amended from time to time or numbered differently.\ns 5A ins 2024 No. 45 s 56\n(sec.5A-ssec.1) A class A serious offence is— an offence against any of the following provisions of the Criminal Code — section 302 ; section 303 ; section 320 ; section 323 ; section 409 , if— the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) .\n(sec.5A-ssec.2) An offence against a provision of the Criminal Code mentioned in subsection (1) (a) is a class A serious offence regardless of whether the provision has been amended from time to time or numbered differently.\n- (a) an offence against any of the following provisions of the Criminal Code — (i) section 302 ; (ii) section 303 ; (iii) section 320 ; (iv) section 323 ; (v) section 409 , if— (A) the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or (B) at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or\n- (i) section 302 ;\n- (ii) section 303 ;\n- (iii) section 320 ;\n- (iv) section 323 ;\n- (v) section 409 , if— (A) the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or (B) at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or\n- (A) the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or\n- (B) at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or\n- (b) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) .\n- (i) section 302 ;\n- (ii) section 303 ;\n- (iii) section 320 ;\n- (iv) section 323 ;\n- (v) section 409 , if— (A) the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or (B) at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or\n- (A) the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or\n- (B) at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or\n- (A) the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or\n- (B) at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or","sortOrder":10},{"sectionNumber":"sec.5B","sectionType":"section","heading":"Meaning of class B serious offence","content":"### sec.5B Meaning of class B serious offence\n\nA class B serious offence is—\nan offence against a provision of an Act mentioned in schedule 1AA subject to any circumstance, stated for the offence in the schedule, that applies to the offence; or\nan offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) .\nAn offence against a provision of an Act mentioned in schedule 1AA is a class B serious offence regardless of whether the provision has been amended from time to time or numbered differently.\ns 5B ins 2024 No. 45 s 56\n(sec.5B-ssec.1) A class B serious offence is— an offence against a provision of an Act mentioned in schedule 1AA subject to any circumstance, stated for the offence in the schedule, that applies to the offence; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) .\n(sec.5B-ssec.2) An offence against a provision of an Act mentioned in schedule 1AA is a class B serious offence regardless of whether the provision has been amended from time to time or numbered differently.\n- (a) an offence against a provision of an Act mentioned in schedule 1AA subject to any circumstance, stated for the offence in the schedule, that applies to the offence; or\n- (b) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) .","sortOrder":11},{"sectionNumber":"sec.5C","sectionType":"section","heading":"Meaning of class C serious offence","content":"### sec.5C Meaning of class C serious offence\n\nA class C serious offence is an offence under a law of Queensland or another jurisdiction that—\nrelates to the misuse of drugs; or\ninvolves the use or threatened use of violence; or\ninvolves the carriage, discharge, possession or use of a weapon; or\ninvolves the possession or distribution of blueprint material for the manufacture of a firearm on a 3D printer or an electronic milling machine.\nHowever, an offence is not a class C serious offence if it is a class A serious offence or a class B serious offence.\ns 5C ins 2024 No. 45 s 56\namd 2026 No. 4 s 54\n(sec.5C-ssec.1) A class C serious offence is an offence under a law of Queensland or another jurisdiction that— relates to the misuse of drugs; or involves the use or threatened use of violence; or involves the carriage, discharge, possession or use of a weapon; or involves the possession or distribution of blueprint material for the manufacture of a firearm on a 3D printer or an electronic milling machine.\n(sec.5C-ssec.2) However, an offence is not a class C serious offence if it is a class A serious offence or a class B serious offence.\n- (a) relates to the misuse of drugs; or\n- (b) involves the use or threatened use of violence; or\n- (c) involves the carriage, discharge, possession or use of a weapon; or\n- (d) involves the possession or distribution of blueprint material for the manufacture of a firearm on a 3D printer or an electronic milling machine.","sortOrder":12},{"sectionNumber":"sec.5D","sectionType":"section","heading":"Meaning of disqualified person","content":"### sec.5D Meaning of disqualified person\n\nA disqualified person is a person who—\nis a reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or\nis or has been subject to a firearm prohibition order made under section 141H ; or\nis or has been subject to an order made under a law of another jurisdiction that corresponds to a firearm prohibition order; or\nis or has been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or\nhas been convicted of a serious violent offence under the Penalties and Sentences Act 1992 , section 161A .\nHowever—\na person who is or has been subject to an order mentioned in subsection (1) (b) or (c) is not a disqualified person if, when the order was made, the person was a child; and\na person who has been subject to an order mentioned in subsection (1) (b) , (c) or (d) is not a disqualified person if the decision to make the order was revoked or set aside on review or appeal.\ns 5D ins 2024 No. 45 s 56\n(sec.5D-ssec.1) A disqualified person is a person who— is a reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or is or has been subject to a firearm prohibition order made under section 141H ; or is or has been subject to an order made under a law of another jurisdiction that corresponds to a firearm prohibition order; or is or has been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or has been convicted of a serious violent offence under the Penalties and Sentences Act 1992 , section 161A .\n(sec.5D-ssec.2) However— a person who is or has been subject to an order mentioned in subsection (1) (b) or (c) is not a disqualified person if, when the order was made, the person was a child; and a person who has been subject to an order mentioned in subsection (1) (b) , (c) or (d) is not a disqualified person if the decision to make the order was revoked or set aside on review or appeal.\n- (a) is a reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or\n- (b) is or has been subject to a firearm prohibition order made under section 141H ; or\n- (c) is or has been subject to an order made under a law of another jurisdiction that corresponds to a firearm prohibition order; or\n- (d) is or has been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or\n- (e) has been convicted of a serious violent offence under the Penalties and Sentences Act 1992 , section 161A .\n- (a) a person who is or has been subject to an order mentioned in subsection (1) (b) or (c) is not a disqualified person if, when the order was made, the person was a child; and\n- (b) a person who has been subject to an order mentioned in subsection (1) (b) , (c) or (d) is not a disqualified person if the decision to make the order was revoked or set aside on review or appeal.","sortOrder":13},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of heirloom firearm","content":"### sec.6 Meaning of heirloom firearm\n\nAn heirloom firearm is a firearm, other than a category R weapon, ownership of which has passed to a person by testamentary disposition or the laws of succession.\ns 6 ins 1996 No. 41 s 7","sortOrder":14},{"sectionNumber":"sec.6A","sectionType":"section","heading":"What is a replica","content":"### sec.6A What is a replica\n\nA replica of a weapon is—\na reasonable facsimile or copy of a weapon, even if it is not capable of discharging a projectile or substance; or\na category A, B or C weapon that has been rendered permanently inoperable; or\na hand grenade that is inert.\nA replica —\nof a particular weapon—means a reasonable facsimile or copy of the weapon, even if it is not capable of discharging a projectile or substance; or\nof a spear gun, longbow or crossbow—means a reasonable facsimile or copy of a spear gun, longbow or crossbow even if it is not capable of discharging a projectile; or\nof a thing prescribed under a regulation—means anything prescribed under a regulation to be a replica of the thing.\ns 6A ins 1997 No. 48 s 6\namd 2001 No. 22 s 9\n(sec.6A-ssec.1) A replica of a weapon is— a reasonable facsimile or copy of a weapon, even if it is not capable of discharging a projectile or substance; or a category A, B or C weapon that has been rendered permanently inoperable; or a hand grenade that is inert.\n(sec.6A-ssec.2) A replica — of a particular weapon—means a reasonable facsimile or copy of the weapon, even if it is not capable of discharging a projectile or substance; or of a spear gun, longbow or crossbow—means a reasonable facsimile or copy of a spear gun, longbow or crossbow even if it is not capable of discharging a projectile; or of a thing prescribed under a regulation—means anything prescribed under a regulation to be a replica of the thing.\n- (a) a reasonable facsimile or copy of a weapon, even if it is not capable of discharging a projectile or substance; or\n- (b) a category A, B or C weapon that has been rendered permanently inoperable; or\n- (c) a hand grenade that is inert.\n- (a) of a particular weapon—means a reasonable facsimile or copy of the weapon, even if it is not capable of discharging a projectile or substance; or\n- (b) of a spear gun, longbow or crossbow—means a reasonable facsimile or copy of a spear gun, longbow or crossbow even if it is not capable of discharging a projectile; or\n- (c) of a thing prescribed under a regulation—means anything prescribed under a regulation to be a replica of the thing.","sortOrder":15},{"sectionNumber":"sec.6B","sectionType":"section","heading":"Meaning of security guard","content":"### sec.6B Meaning of security guard\n\nA security guard is a person who patrols, protects, watches over or guards ( protects ) the person’s property or other persons or other person’s property—\nin the course of carrying on a business; or\nin the course of employment.\nA jeweller transporting jewellery in the course of carrying on a business who does not engage someone else to guard the jewellery while it is being transported is a ‘security guard’.\nSection 123 provides that a person must not, in performing duties as a security guard, physically possess a weapon unless the person holds a security licence (guard).\nHowever, the following persons are not security guards—\na person who protects property if the protection is carried out in the course of primary production;\na person, other than a security organisation, who engages someone else to protect property for the person.\ns 6B ins 1997 No. 48 s 6\n(sec.6B-ssec.1) A security guard is a person who patrols, protects, watches over or guards ( protects ) the person’s property or other persons or other person’s property— in the course of carrying on a business; or in the course of employment. A jeweller transporting jewellery in the course of carrying on a business who does not engage someone else to guard the jewellery while it is being transported is a ‘security guard’. Section 123 provides that a person must not, in performing duties as a security guard, physically possess a weapon unless the person holds a security licence (guard).\n(sec.6B-ssec.2) However, the following persons are not security guards— a person who protects property if the protection is carried out in the course of primary production; a person, other than a security organisation, who engages someone else to protect property for the person.\n- (a) in the course of carrying on a business; or\n- (b) in the course of employment.\n- (a) a person who protects property if the protection is carried out in the course of primary production;\n- (b) a person, other than a security organisation, who engages someone else to protect property for the person.","sortOrder":16},{"sectionNumber":"sec.6C","sectionType":"section","heading":"Meaning of public monument","content":"### sec.6C Meaning of public monument\n\nA public monument is a thing that is—\nmentioned in the Weapons Categories Regulation 1997 , section 8 (1) (a) , (c) , (i) or (j) ; and\npermanently incapable of being discharged; and\npermanently and lawfully displayed in a public place for memorial or commemorative purposes.\npermanently deactivated WWI artillery permanently displayed in the foyer or grounds, open to the public, of an RSL club\na permanently deactivated Bofors anti-aircraft gun mounted on a concrete platform in a public park\nFor subsection (1) (c) , a thing is permanently displayed only if the thing is displayed in a way that prevents its removal by an unauthorised person.\nIn this section—\npublic place includes a place that can be seen from a public place.\ns 6C ins 2011 No. 37 s 5\n(sec.6C-ssec.1) A public monument is a thing that is— mentioned in the Weapons Categories Regulation 1997 , section 8 (1) (a) , (c) , (i) or (j) ; and permanently incapable of being discharged; and permanently and lawfully displayed in a public place for memorial or commemorative purposes. permanently deactivated WWI artillery permanently displayed in the foyer or grounds, open to the public, of an RSL club a permanently deactivated Bofors anti-aircraft gun mounted on a concrete platform in a public park\n(sec.6C-ssec.2) For subsection (1) (c) , a thing is permanently displayed only if the thing is displayed in a way that prevents its removal by an unauthorised person.\n(sec.6C-ssec.3) In this section— public place includes a place that can be seen from a public place.\n- (a) mentioned in the Weapons Categories Regulation 1997 , section 8 (1) (a) , (c) , (i) or (j) ; and\n- (b) permanently incapable of being discharged; and\n- (c) permanently and lawfully displayed in a public place for memorial or commemorative purposes.\n- • permanently deactivated WWI artillery permanently displayed in the foyer or grounds, open to the public, of an RSL club\n- • a permanently deactivated Bofors anti-aircraft gun mounted on a concrete platform in a public park","sortOrder":17},{"sectionNumber":"sec.7","sectionType":"section","heading":"How a firearm is made permanently inoperable","content":"### sec.7 How a firearm is made permanently inoperable\n\nA firearm is made permanently inoperable if the firearm is modified in the way prescribed under a regulation to make it incapable of being discharged.\nHowever, a firearm is not taken to be permanently inoperable unless a licensed armourer or a person approved by the commissioner for this subsection certifies, in the approved form, the firearm as being incapable of being discharged.\nThe commissioner may approve a person for subsection (2) only if the commissioner is satisfied the person has the necessary expertise or experience to certify that a firearm is incapable of being discharged.\ns 7 ins 1996 No. 41 s 7\namd 1997 No. 48 s 7\n(sec.7-ssec.1) A firearm is made permanently inoperable if the firearm is modified in the way prescribed under a regulation to make it incapable of being discharged.\n(sec.7-ssec.2) However, a firearm is not taken to be permanently inoperable unless a licensed armourer or a person approved by the commissioner for this subsection certifies, in the approved form, the firearm as being incapable of being discharged.\n(sec.7-ssec.3) The commissioner may approve a person for subsection (2) only if the commissioner is satisfied the person has the necessary expertise or experience to certify that a firearm is incapable of being discharged.","sortOrder":18},{"sectionNumber":"sec.8","sectionType":"section","heading":"How a firearm is made temporarily inoperable","content":"### sec.8 How a firearm is made temporarily inoperable\n\nA firearm is made temporarily inoperable—\nfor a firearm designed to allow its bolt, breech block, firing pin or other integral part of the firing mechanism to be removed—if the part is removed and securely stored separately from the firearm; and\nfor another firearm—if the firearm’s trigger is secured by a trigger lock and the lock’s key is securely stored separately from the firearm.\ns 8 ins 1996 No. 41 s 7\n- (a) for a firearm designed to allow its bolt, breech block, firing pin or other integral part of the firing mechanism to be removed—if the part is removed and securely stored separately from the firearm; and\n- (b) for another firearm—if the firearm’s trigger is secured by a trigger lock and the lock’s key is securely stored separately from the firearm.","sortOrder":19},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Notes in text","content":"### sec.8A Notes in text\n\nA note in the text of this Act is part of the Act .\ns 8A ins 2003 No. 37 s 5","sortOrder":20},{"sectionNumber":"pt.2","sectionType":"part","heading":"Licences","content":"# Licences","sortOrder":21},{"sectionNumber":"sec.9","sectionType":"section","heading":"Issue, renewal, endorsement and alteration of licences","content":"### sec.9 Issue, renewal, endorsement and alteration of licences\n\nA licence may be issued, renewed, endorsed or altered only by an authorised officer.\ns 9 sub 1996 No. 41 s 8","sortOrder":22},{"sectionNumber":"sec.10","sectionType":"section","heading":"Limitations on issue of licence","content":"### sec.10 Limitations on issue of licence\n\nA licence may be issued only to—\nan individual under subsection (2) ; or\na body under subsection (3) .\nA licence may be issued to an individual only if the person—\nis—\nfor a licence other than a minor’s licence—an adult; or\nfor a minor’s licence—at least 11 years and otherwise within the age group prescribed under a regulation for the licence; and\nhas, under section 10A , an adequate knowledge of safety practices for the use, storage and maintenance of the weapon or category of weapon the possession of which is to be authorised by the licence; and\nhas access to secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and\nis not prevented under this or another Act or by an order of a Magistrates Court or another court from holding the licence; and\nis a fit and proper person to hold a licence; and\nSee also sections 10B and 10C .\nhas a reason mentioned in section 11 to possess the weapon or category of weapon; and\nresides only in Queensland.\nSubsection (2) (g) does not apply to a person who—\nfor a person who resides in a State adjoining Queensland—\nsatisfies the authorised officer that the person has a genuine reason for possessing a weapon for which a licence is required under this Act; and\nis not disqualified from obtaining a similar licence in the adjoining State; or\nfor a person who resides in a State other than an adjoining State but whose main place of residence is Queensland—is not disqualified from obtaining a similar licence in the other State.\nAlso, subsection (2) (g) does not apply to a person who—\nresides outside Queensland and intends visiting Queensland to engage in an activity that is a reason for possession of a weapon under section 11 ; and\nis entitled by law (whether or not under a licence) to possess and use a firearm or type of firearm in the State or country where the person usually resides; and\napplies for a licence prescribed under section 12 (k) for visitors to Queensland.\nA licence may be issued to a body, whether incorporated or unincorporated, only if—\nfor a licence to be issued to an approved shooting club—\nit is endorsed with the name of an individual, who is a member of the club’s governing body and satisfies the requirements of subsection (2) (a) to (e) , as the club’s representative in the conduct of its business or affairs; and\nit is endorsed with the names and addresses of the individuals who are responsible for the safekeeping of the weapons or category of weapons possession of which is to be authorised by the licence when not in use by members of that club; or\nfor a licence to be issued to another body, only if—\nthe body has a reason mentioned in section 11 to possess a weapon; and\nit is endorsed with the name of an individual, who satisfies the requirements of subsection (2) (a) to (e) , as the body’s representative in the conduct of its business or affairs.\nA licence enabling the licensee to carry on a business may be issued only if it is endorsed with the place at which the business is to be carried on.\nIf the business is to be carried on at more than 1 place, a separate application for each place must be made and a separate licence for each place issued.\nIn this section—\nsimilar licence , for a weapon in an adjoining or other State, means a licence, permit or authority issued under the law of the other State entitling the person to possession of the weapon.\ns 10 amd 1991 No. 97 s 3 sch 1 ; 1994 No. 13 ss 7 , 3 sch\nsub 1996 No. 41 s 8\namd 1997 No. 48 s 8 ; 1998 No. 19 s 28 ; 2003 No. 5 s 4 ; 2007 No. 1 s 32 sch 2 ; 2013 No. 64 s 218 ; 2016 No. 62 s 472 ; 2024 No. 45 s 57\n(sec.10-ssec.1) A licence may be issued only to— an individual under subsection (2) ; or a body under subsection (3) .\n(sec.10-ssec.2) A licence may be issued to an individual only if the person— is— for a licence other than a minor’s licence—an adult; or for a minor’s licence—at least 11 years and otherwise within the age group prescribed under a regulation for the licence; and has, under section 10A , an adequate knowledge of safety practices for the use, storage and maintenance of the weapon or category of weapon the possession of which is to be authorised by the licence; and has access to secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and is not prevented under this or another Act or by an order of a Magistrates Court or another court from holding the licence; and is a fit and proper person to hold a licence; and See also sections 10B and 10C . has a reason mentioned in section 11 to possess the weapon or category of weapon; and resides only in Queensland.\n(sec.10-ssec.2A) Subsection (2) (g) does not apply to a person who— for a person who resides in a State adjoining Queensland— satisfies the authorised officer that the person has a genuine reason for possessing a weapon for which a licence is required under this Act; and is not disqualified from obtaining a similar licence in the adjoining State; or for a person who resides in a State other than an adjoining State but whose main place of residence is Queensland—is not disqualified from obtaining a similar licence in the other State.\n(sec.10-ssec.2B) Also, subsection (2) (g) does not apply to a person who— resides outside Queensland and intends visiting Queensland to engage in an activity that is a reason for possession of a weapon under section 11 ; and is entitled by law (whether or not under a licence) to possess and use a firearm or type of firearm in the State or country where the person usually resides; and applies for a licence prescribed under section 12 (k) for visitors to Queensland.\n(sec.10-ssec.3) A licence may be issued to a body, whether incorporated or unincorporated, only if— for a licence to be issued to an approved shooting club— it is endorsed with the name of an individual, who is a member of the club’s governing body and satisfies the requirements of subsection (2) (a) to (e) , as the club’s representative in the conduct of its business or affairs; and it is endorsed with the names and addresses of the individuals who are responsible for the safekeeping of the weapons or category of weapons possession of which is to be authorised by the licence when not in use by members of that club; or for a licence to be issued to another body, only if— the body has a reason mentioned in section 11 to possess a weapon; and it is endorsed with the name of an individual, who satisfies the requirements of subsection (2) (a) to (e) , as the body’s representative in the conduct of its business or affairs.\n(sec.10-ssec.4) A licence enabling the licensee to carry on a business may be issued only if it is endorsed with the place at which the business is to be carried on.\n(sec.10-ssec.5) If the business is to be carried on at more than 1 place, a separate application for each place must be made and a separate licence for each place issued.\n(sec.10-ssec.6) In this section— similar licence , for a weapon in an adjoining or other State, means a licence, permit or authority issued under the law of the other State entitling the person to possession of the weapon.\n- (a) an individual under subsection (2) ; or\n- (b) a body under subsection (3) .\n- (a) is— (i) for a licence other than a minor’s licence—an adult; or (ii) for a minor’s licence—at least 11 years and otherwise within the age group prescribed under a regulation for the licence; and\n- (i) for a licence other than a minor’s licence—an adult; or\n- (ii) for a minor’s licence—at least 11 years and otherwise within the age group prescribed under a regulation for the licence; and\n- (b) has, under section 10A , an adequate knowledge of safety practices for the use, storage and maintenance of the weapon or category of weapon the possession of which is to be authorised by the licence; and\n- (c) has access to secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and\n- (d) is not prevented under this or another Act or by an order of a Magistrates Court or another court from holding the licence; and\n- (e) is a fit and proper person to hold a licence; and Note— See also sections 10B and 10C .\n- (f) has a reason mentioned in section 11 to possess the weapon or category of weapon; and\n- (g) resides only in Queensland.\n- (i) for a licence other than a minor’s licence—an adult; or\n- (ii) for a minor’s licence—at least 11 years and otherwise within the age group prescribed under a regulation for the licence; and\n- (a) for a person who resides in a State adjoining Queensland— (i) satisfies the authorised officer that the person has a genuine reason for possessing a weapon for which a licence is required under this Act; and (ii) is not disqualified from obtaining a similar licence in the adjoining State; or\n- (i) satisfies the authorised officer that the person has a genuine reason for possessing a weapon for which a licence is required under this Act; and\n- (ii) is not disqualified from obtaining a similar licence in the adjoining State; or\n- (b) for a person who resides in a State other than an adjoining State but whose main place of residence is Queensland—is not disqualified from obtaining a similar licence in the other State.\n- (i) satisfies the authorised officer that the person has a genuine reason for possessing a weapon for which a licence is required under this Act; and\n- (ii) is not disqualified from obtaining a similar licence in the adjoining State; or\n- (a) resides outside Queensland and intends visiting Queensland to engage in an activity that is a reason for possession of a weapon under section 11 ; and\n- (b) is entitled by law (whether or not under a licence) to possess and use a firearm or type of firearm in the State or country where the person usually resides; and\n- (c) applies for a licence prescribed under section 12 (k) for visitors to Queensland.\n- (a) for a licence to be issued to an approved shooting club— (i) it is endorsed with the name of an individual, who is a member of the club’s governing body and satisfies the requirements of subsection (2) (a) to (e) , as the club’s representative in the conduct of its business or affairs; and (ii) it is endorsed with the names and addresses of the individuals who are responsible for the safekeeping of the weapons or category of weapons possession of which is to be authorised by the licence when not in use by members of that club; or\n- (i) it is endorsed with the name of an individual, who is a member of the club’s governing body and satisfies the requirements of subsection (2) (a) to (e) , as the club’s representative in the conduct of its business or affairs; and\n- (ii) it is endorsed with the names and addresses of the individuals who are responsible for the safekeeping of the weapons or category of weapons possession of which is to be authorised by the licence when not in use by members of that club; or\n- (b) for a licence to be issued to another body, only if— (i) the body has a reason mentioned in section 11 to possess a weapon; and (ii) it is endorsed with the name of an individual, who satisfies the requirements of subsection (2) (a) to (e) , as the body’s representative in the conduct of its business or affairs.\n- (i) the body has a reason mentioned in section 11 to possess a weapon; and\n- (ii) it is endorsed with the name of an individual, who satisfies the requirements of subsection (2) (a) to (e) , as the body’s representative in the conduct of its business or affairs.\n- (i) it is endorsed with the name of an individual, who is a member of the club’s governing body and satisfies the requirements of subsection (2) (a) to (e) , as the club’s representative in the conduct of its business or affairs; and\n- (ii) it is endorsed with the names and addresses of the individuals who are responsible for the safekeeping of the weapons or category of weapons possession of which is to be authorised by the licence when not in use by members of that club; or\n- (i) the body has a reason mentioned in section 11 to possess a weapon; and\n- (ii) it is endorsed with the name of an individual, who satisfies the requirements of subsection (2) (a) to (e) , as the body’s representative in the conduct of its business or affairs.","sortOrder":23},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Adequate knowledge of weapon","content":"### sec.10A Adequate knowledge of weapon\n\nFor section 10 (2) (b) , a person has an adequate knowledge of safety practices for the use, storage and maintenance of a weapon, or category of weapon, the possession of which is to be authorised by a licence (the new licence ) if the person complies with subsection (2) , (3) or (4) .\nThe person complies with this subsection if the person satisfies the commissioner that the person has completed, within 1 year before the day the person applies for the issue of the new licence—\nif the new licence is a security licence (guard)—\nan approved safety training course (security guard); or\na course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (security guard); or\nif the new licence is not a security licence (guard)—\nan approved safety training course (general); or\na course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (general).\nThe person complies with this subsection if—\nwithin 1 year immediately before the day the person made the application for the new licence, the person was a licensee; and\nthe licence (the previous licence ) held by the person as a licensee was no longer in force when the person made the application for the new licence; and\nit was not a reason for the previous licence being no longer in force that the licence had been suspended or revoked under this Act; and\nthe previous licence was a licence of 1 of the following classes—\ncollector’s licence (heirloom) or (weapons);\nconcealable firearms licence;\nfirearms licence;\nminor’s licence.\nThe person complies with this subsection if the person is the holder of a current licence, equivalent to the new licence, issued under the law of another State or country.\ns 10A ins 2003 No. 5 s 5\namd 2011 No. 37 s 6 ; 2012 No. 40 s 9\n(sec.10A-ssec.1) For section 10 (2) (b) , a person has an adequate knowledge of safety practices for the use, storage and maintenance of a weapon, or category of weapon, the possession of which is to be authorised by a licence (the new licence ) if the person complies with subsection (2) , (3) or (4) .\n(sec.10A-ssec.2) The person complies with this subsection if the person satisfies the commissioner that the person has completed, within 1 year before the day the person applies for the issue of the new licence— if the new licence is a security licence (guard)— an approved safety training course (security guard); or a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (security guard); or if the new licence is not a security licence (guard)— an approved safety training course (general); or a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (general).\n(sec.10A-ssec.3) The person complies with this subsection if— within 1 year immediately before the day the person made the application for the new licence, the person was a licensee; and the licence (the previous licence ) held by the person as a licensee was no longer in force when the person made the application for the new licence; and it was not a reason for the previous licence being no longer in force that the licence had been suspended or revoked under this Act; and the previous licence was a licence of 1 of the following classes— collector’s licence (heirloom) or (weapons); concealable firearms licence; firearms licence; minor’s licence.\n(sec.10A-ssec.4) The person complies with this subsection if the person is the holder of a current licence, equivalent to the new licence, issued under the law of another State or country.\n- (a) if the new licence is a security licence (guard)— (i) an approved safety training course (security guard); or (ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (security guard); or\n- (i) an approved safety training course (security guard); or\n- (ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (security guard); or\n- (b) if the new licence is not a security licence (guard)— (i) an approved safety training course (general); or (ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (general).\n- (i) an approved safety training course (general); or\n- (ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (general).\n- (i) an approved safety training course (security guard); or\n- (ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (security guard); or\n- (i) an approved safety training course (general); or\n- (ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (general).\n- (a) within 1 year immediately before the day the person made the application for the new licence, the person was a licensee; and\n- (b) the licence (the previous licence ) held by the person as a licensee was no longer in force when the person made the application for the new licence; and\n- (c) it was not a reason for the previous licence being no longer in force that the licence had been suspended or revoked under this Act; and\n- (d) the previous licence was a licence of 1 of the following classes— (i) collector’s licence (heirloom) or (weapons); (ii) concealable firearms licence; (iii) firearms licence; (iv) minor’s licence.\n- (i) collector’s licence (heirloom) or (weapons);\n- (ii) concealable firearms licence;\n- (iii) firearms licence;\n- (iv) minor’s licence.\n- (i) collector’s licence (heirloom) or (weapons);\n- (ii) concealable firearms licence;\n- (iii) firearms licence;\n- (iv) minor’s licence.","sortOrder":24},{"sectionNumber":"sec.10AA","sectionType":"section","heading":"Approval of training courses","content":"### sec.10AA Approval of training courses\n\nThe commissioner may approve a course as a safety training course (general) if the commissioner is satisfied the course—\nis about the safe use, storage and maintenance of a weapon that is authorised to be possessed under a licence other than a security licence (guard); and\ncomplies with the requirements prescribed under a regulation.\nThe commissioner may approve a course as a safety training course (security guard) if the commissioner is satisfied the course—\nis about the safe use, storage and maintenance of either or both of the following—\na weapon that is authorised to be possessed under a security licence (guard);\na restricted item; and\ncomplies with the requirements prescribed under a regulation.\nThe commissioner must notify the approval of a course under subsection (1) or (2) on the QPS website.\nFailure to comply with subsection (3) does not affect the validity of the approval.\ns 10AA ins 2011 No. 37 s 7\n(sec.10AA-ssec.1) The commissioner may approve a course as a safety training course (general) if the commissioner is satisfied the course— is about the safe use, storage and maintenance of a weapon that is authorised to be possessed under a licence other than a security licence (guard); and complies with the requirements prescribed under a regulation.\n(sec.10AA-ssec.2) The commissioner may approve a course as a safety training course (security guard) if the commissioner is satisfied the course— is about the safe use, storage and maintenance of either or both of the following— a weapon that is authorised to be possessed under a security licence (guard); a restricted item; and complies with the requirements prescribed under a regulation.\n(sec.10AA-ssec.3) The commissioner must notify the approval of a course under subsection (1) or (2) on the QPS website.\n(sec.10AA-ssec.4) Failure to comply with subsection (3) does not affect the validity of the approval.\n- (a) is about the safe use, storage and maintenance of a weapon that is authorised to be possessed under a licence other than a security licence (guard); and\n- (b) complies with the requirements prescribed under a regulation.\n- (a) is about the safe use, storage and maintenance of either or both of the following— (i) a weapon that is authorised to be possessed under a security licence (guard); (ii) a restricted item; and\n- (i) a weapon that is authorised to be possessed under a security licence (guard);\n- (ii) a restricted item; and\n- (b) complies with the requirements prescribed under a regulation.\n- (i) a weapon that is authorised to be possessed under a security licence (guard);\n- (ii) a restricted item; and","sortOrder":25},{"sectionNumber":"sec.10B","sectionType":"section","heading":"Fit and proper person—licensees","content":"### sec.10B Fit and proper person—licensees\n\nIn deciding or considering, for the issue, renewal, suspension or revocation of a licence, whether a person is, or is no longer, a fit and proper person to hold a licence, an authorised officer must consider, among other things—\nthe mental and physical fitness of the person; and\nif the authorised officer is aware the person has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside—\nthe conviction; and\nany information about the circumstances of the offence or conviction to which the officer has access; and\nif the authorised officer is aware the person has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out—\nthe charge; and\nany information about the circumstances of the offence or charge to which the officer has access; and\nwhether a domestic violence order has been made, a police protection direction or police protection notice issued or release conditions imposed against the person; and\nwhether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and\nwhether there is any criminal intelligence or other information to which the authorised officer has access that indicates—\nthe person is a risk to public safety; or\nthat authorising the person to possess a weapon would be contrary to the public interest; and\nthe public interest.\nSubsections (3) to (5) apply in relation to the issue, renewal or revocation of a licence.\nA person is not a fit and proper person to hold or continue to hold the licence if the person—\nis a disqualified person; or\nis prevented by an order of a court, other than a temporary protection order, from holding or obtaining a licence or possessing a weapon.\nA person is not a fit and proper person to hold or continue to hold the licence if, within 10 years before the relevant day, the person—\nhas been convicted of a class A serious offence or a class B serious offence; or\nhas been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or\nhas been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.\nA person is not a fit and proper person to hold or continue to hold the licence if, within 5 years before the relevant day—\nthe person—\nhas been convicted of a class C serious offence; or\nhas been released from lawful custody in relation to a conviction for a class C serious offence; or\nhas been subject to a supervision order in relation to a conviction for a class C serious offence; or\na domestic violence order, other than a temporary protection order, has been made against the person or a police protection direction has been issued against the person.\nAlso, for the issue, renewal, suspension or revocation of a dealer’s licence, a person is not, or is no longer, a fit and proper person to hold or continue to hold the licence unless each associate of the person is a fit and proper person to be an associate of a licensed dealer under section 10C .\nFor subsections (4) and (5) , the conviction—\nmust be a recorded conviction; and\nmay be a spent conviction.\nIn this section—\ncourt means—\nthe Magistrates Court or another Queensland court; or\na court of another jurisdiction.\nrelevant day means—\nin relation to the issue or renewal of a licence—the day the application for the issue or renewal of the licence is made; or\nin relation to the revocation of a licence—the day the licensee is given a revocation notice under section 29 for the revocation.\ns 10B ins 2003 No. 5 s 5\namd 2003 No. 37 s 6 ; 2013 No. 64 s 219; 2016 No. 62 s 473 ; 2016 No. 51 s 67 ; 2024 No. 45 s 58 ; 2025 No. 18 s 74 ; 2026 No. 4 s 57\n(sec.10B-ssec.1) In deciding or considering, for the issue, renewal, suspension or revocation of a licence, whether a person is, or is no longer, a fit and proper person to hold a licence, an authorised officer must consider, among other things— the mental and physical fitness of the person; and if the authorised officer is aware the person has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside— the conviction; and any information about the circumstances of the offence or conviction to which the officer has access; and if the authorised officer is aware the person has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out— the charge; and any information about the circumstances of the offence or charge to which the officer has access; and whether a domestic violence order has been made, a police protection direction or police protection notice issued or release conditions imposed against the person; and whether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— the person is a risk to public safety; or that authorising the person to possess a weapon would be contrary to the public interest; and the public interest.\n(sec.10B-ssec.2) Subsections (3) to (5) apply in relation to the issue, renewal or revocation of a licence.\n(sec.10B-ssec.3) A person is not a fit and proper person to hold or continue to hold the licence if the person— is a disqualified person; or is prevented by an order of a court, other than a temporary protection order, from holding or obtaining a licence or possessing a weapon.\n(sec.10B-ssec.4) A person is not a fit and proper person to hold or continue to hold the licence if, within 10 years before the relevant day, the person— has been convicted of a class A serious offence or a class B serious offence; or has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.\n(sec.10B-ssec.5) A person is not a fit and proper person to hold or continue to hold the licence if, within 5 years before the relevant day— the person— has been convicted of a class C serious offence; or has been released from lawful custody in relation to a conviction for a class C serious offence; or has been subject to a supervision order in relation to a conviction for a class C serious offence; or a domestic violence order, other than a temporary protection order, has been made against the person or a police protection direction has been issued against the person.\n(sec.10B-ssec.6) Also, for the issue, renewal, suspension or revocation of a dealer’s licence, a person is not, or is no longer, a fit and proper person to hold or continue to hold the licence unless each associate of the person is a fit and proper person to be an associate of a licensed dealer under section 10C .\n(sec.10B-ssec.7) For subsections (4) and (5) , the conviction— must be a recorded conviction; and may be a spent conviction.\n(sec.10B-ssec.8) In this section— court means— the Magistrates Court or another Queensland court; or a court of another jurisdiction. relevant day means— in relation to the issue or renewal of a licence—the day the application for the issue or renewal of the licence is made; or in relation to the revocation of a licence—the day the licensee is given a revocation notice under section 29 for the revocation.\n- (a) the mental and physical fitness of the person; and\n- (b) if the authorised officer is aware the person has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside— (i) the conviction; and (ii) any information about the circumstances of the offence or conviction to which the officer has access; and\n- (i) the conviction; and\n- (ii) any information about the circumstances of the offence or conviction to which the officer has access; and\n- (c) if the authorised officer is aware the person has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out— (i) the charge; and (ii) any information about the circumstances of the offence or charge to which the officer has access; and\n- (i) the charge; and\n- (ii) any information about the circumstances of the offence or charge to which the officer has access; and\n- (d) whether a domestic violence order has been made, a police protection direction or police protection notice issued or release conditions imposed against the person; and\n- (e) whether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and\n- (f) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— (i) the person is a risk to public safety; or (ii) that authorising the person to possess a weapon would be contrary to the public interest; and\n- (i) the person is a risk to public safety; or\n- (ii) that authorising the person to possess a weapon would be contrary to the public interest; and\n- (g) the public interest.\n- (i) the conviction; and\n- (ii) any information about the circumstances of the offence or conviction to which the officer has access; and\n- (i) the charge; and\n- (ii) any information about the circumstances of the offence or charge to which the officer has access; and\n- (i) the person is a risk to public safety; or\n- (ii) that authorising the person to possess a weapon would be contrary to the public interest; and\n- (a) is a disqualified person; or\n- (b) is prevented by an order of a court, other than a temporary protection order, from holding or obtaining a licence or possessing a weapon.\n- (a) has been convicted of a class A serious offence or a class B serious offence; or\n- (b) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or\n- (c) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.\n- (a) the person— (i) has been convicted of a class C serious offence; or (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or\n- (i) has been convicted of a class C serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or\n- (b) a domestic violence order, other than a temporary protection order, has been made against the person or a police protection direction has been issued against the person.\n- (i) has been convicted of a class C serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or\n- (a) must be a recorded conviction; and\n- (b) may be a spent conviction.\n- (a) the Magistrates Court or another Queensland court; or\n- (b) a court of another jurisdiction.\n- (a) in relation to the issue or renewal of a licence—the day the application for the issue or renewal of the licence is made; or\n- (b) in relation to the revocation of a licence—the day the licensee is given a revocation notice under section 29 for the revocation.","sortOrder":26},{"sectionNumber":"sec.10C","sectionType":"section","heading":"Fit and proper person—licensed dealer’s associate","content":"### sec.10C Fit and proper person—licensed dealer’s associate\n\nIn deciding or considering, for the issue, renewal, suspension or revocation of a dealer’s licence, whether an associate of an applicant for a dealer’s licence or a licensed dealer is, or is no longer, a fit and proper person to be an associate of a licensed dealer, an authorised officer must consider—\nif the authorised officer is aware the associate has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside—\nthe conviction; and\nany information about the circumstances of the offence or conviction to which the officer has access; and\nif the authorised officer is aware the associate has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out—\nthe charge; and\nany information about the circumstances of the offence or charge to which the officer has access; and\nwhether there is any criminal intelligence or other information to which the authorised officer has access that indicates—\nthe associate is a risk to public safety; or\nany relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest.\nA person is not a fit and proper person to be an associate of a licensed dealer if—\nthe person is a disqualified person; or\nwithin 10 years before the relevant day, the person—\nhas been convicted of a class A serious offence or a class B serious offence; or\nhas been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or\nhas been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.\nAlso, a person is not a fit and proper person to be an associate of a licensed dealer if an authorised officer is satisfied that any relationship involving weapons between the person and the applicant or licensed dealer would be contrary to the public interest because—\nwithin 5 years before the relevant day, the person—\nhas been convicted of a class C serious offence; or\nhas been released from lawful custody in relation to a conviction for a class C serious offence; or\nhas been subject to a supervision order in relation to a conviction for a class C serious offence; or\na domestic violence order, other than a temporary protection order, has been made against the person or a police protection direction has been issued against the person.\nFor subsections (2) and (3) (a) , the conviction—\nmust be a recorded conviction; and\nmay be a spent conviction.\nIn this section—\nrelevant day means—\nin relation to the issue or renewal of a dealer’s licence—the day an application for the issue or renewal of the licence is made; or\nin relation to the suspension of a dealer’s licence—the day the licensee is given a suspension notice under section 28 for the suspension; or\nin relation to the revocation of a dealer’s licence—the day the licensee is given a revocation notice under section 29 for the revocation.\ns 10C ins 2003 No. 37 s 7\namd 2013 No. 64 s 220 ; 2016 No. 62 s 474 ; 2024 No. 45 s 59 ; 2025 No. 18 s 75 ; 2026 No. 4 s 58\n(sec.10C-ssec.1) In deciding or considering, for the issue, renewal, suspension or revocation of a dealer’s licence, whether an associate of an applicant for a dealer’s licence or a licensed dealer is, or is no longer, a fit and proper person to be an associate of a licensed dealer, an authorised officer must consider— if the authorised officer is aware the associate has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside— the conviction; and any information about the circumstances of the offence or conviction to which the officer has access; and if the authorised officer is aware the associate has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out— the charge; and any information about the circumstances of the offence or charge to which the officer has access; and whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— the associate is a risk to public safety; or any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest.\n(sec.10C-ssec.2) A person is not a fit and proper person to be an associate of a licensed dealer if— the person is a disqualified person; or within 10 years before the relevant day, the person— has been convicted of a class A serious offence or a class B serious offence; or has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.\n(sec.10C-ssec.3) Also, a person is not a fit and proper person to be an associate of a licensed dealer if an authorised officer is satisfied that any relationship involving weapons between the person and the applicant or licensed dealer would be contrary to the public interest because— within 5 years before the relevant day, the person— has been convicted of a class C serious offence; or has been released from lawful custody in relation to a conviction for a class C serious offence; or has been subject to a supervision order in relation to a conviction for a class C serious offence; or a domestic violence order, other than a temporary protection order, has been made against the person or a police protection direction has been issued against the person.\n(sec.10C-ssec.4) For subsections (2) and (3) (a) , the conviction— must be a recorded conviction; and may be a spent conviction.\n(sec.10C-ssec.5) In this section— relevant day means— in relation to the issue or renewal of a dealer’s licence—the day an application for the issue or renewal of the licence is made; or in relation to the suspension of a dealer’s licence—the day the licensee is given a suspension notice under section 28 for the suspension; or in relation to the revocation of a dealer’s licence—the day the licensee is given a revocation notice under section 29 for the revocation.\n- (a) if the authorised officer is aware the associate has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside— (i) the conviction; and (ii) any information about the circumstances of the offence or conviction to which the officer has access; and\n- (i) the conviction; and\n- (ii) any information about the circumstances of the offence or conviction to which the officer has access; and\n- (b) if the authorised officer is aware the associate has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out— (i) the charge; and (ii) any information about the circumstances of the offence or charge to which the officer has access; and\n- (i) the charge; and\n- (ii) any information about the circumstances of the offence or charge to which the officer has access; and\n- (c) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— (i) the associate is a risk to public safety; or (ii) any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest.\n- (i) the associate is a risk to public safety; or\n- (ii) any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest.\n- (i) the conviction; and\n- (ii) any information about the circumstances of the offence or conviction to which the officer has access; and\n- (i) the charge; and\n- (ii) any information about the circumstances of the offence or charge to which the officer has access; and\n- (i) the associate is a risk to public safety; or\n- (ii) any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest.\n- (a) the person is a disqualified person; or\n- (b) within 10 years before the relevant day, the person— (i) has been convicted of a class A serious offence or a class B serious offence; or (ii) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or (iii) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.\n- (i) has been convicted of a class A serious offence or a class B serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.\n- (i) has been convicted of a class A serious offence or a class B serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.\n- (a) within 5 years before the relevant day, the person— (i) has been convicted of a class C serious offence; or (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or\n- (i) has been convicted of a class C serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or\n- (b) a domestic violence order, other than a temporary protection order, has been made against the person or a police protection direction has been issued against the person.\n- (i) has been convicted of a class C serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or\n- (a) must be a recorded conviction; and\n- (b) may be a spent conviction.\n- (a) in relation to the issue or renewal of a dealer’s licence—the day an application for the issue or renewal of the licence is made; or\n- (b) in relation to the suspension of a dealer’s licence—the day the licensee is given a suspension notice under section 28 for the suspension; or\n- (c) in relation to the revocation of a dealer’s licence—the day the licensee is given a revocation notice under section 29 for the revocation.","sortOrder":27},{"sectionNumber":"sec.11","sectionType":"section","heading":"Genuine reasons for possession of a weapon","content":"### sec.11 Genuine reasons for possession of a weapon\n\nThe following are reasons for possession of a weapon—\nsports or target shooting;\nrecreational shooting;\nan occupational requirement, including an occupational requirement for rural purposes;\nthe collection, preservation or study of weapons;\nanother reason prescribed under a regulation.\ns 11 sub 1996 No. 41 s 8\namd 2011 No. 37 s 8\n- (a) sports or target shooting;\n- (b) recreational shooting;\n- (c) an occupational requirement, including an occupational requirement for rural purposes;\n- (d) the collection, preservation or study of weapons;\n- (e) another reason prescribed under a regulation.","sortOrder":28},{"sectionNumber":"sec.12","sectionType":"section","heading":"Licences","content":"### sec.12 Licences\n\nLicences are of the following classes—\narmourer’s licence;\nblank-fire firearms licence;\ncollector’s licence (heirloom) or (weapons);\nconcealable firearms licence;\ndealer’s licence;\nfirearms licence;\nfirearms licence (instructor);\nminor’s licence;\nsecurity licence (organisation) or (guard);\ntheatrical ordnance supplier’s licence;\nanother licence prescribed under a regulation.\ns 12 amd 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 8\namd 2003 No. 37 s 8\n- (a) armourer’s licence;\n- (b) blank-fire firearms licence;\n- (c) collector’s licence (heirloom) or (weapons);\n- (d) concealable firearms licence;\n- (e) dealer’s licence;\n- (f) firearms licence;\n- (g) firearms licence (instructor);\n- (h) minor’s licence;\n- (i) security licence (organisation) or (guard);\n- (j) theatrical ordnance supplier’s licence;\n- (k) another licence prescribed under a regulation.","sortOrder":29},{"sectionNumber":"sec.13","sectionType":"section","heading":"Application for licence","content":"### sec.13 Application for licence\n\nAn application for a licence must—\nbe made in the approved form and state the applicant’s reason for wishing to possess a weapon (the reason ); and\nbe made personally, in the way prescribed under a regulation, by—\nif the licence is for an individual—the person; or\nif the licence is for a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and\nstate whether the applicant has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside; and\nstate whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and\nif the applicant has a conviction for a relevant offence as mentioned in paragraph (c) or has been charged with a relevant offence as mentioned in paragraph (d) —include—\ndetails of the conviction or charge; and\ninformation about the circumstances of the offence; and\ninformation about the circumstances of the conviction or charge; and\nbe accompanied by—\nthe fee prescribed under a regulation; and\nproof of identity to the satisfaction of an authorised officer; and\nother particulars prescribed under a regulation; and\nthe other relevant particulars the person to whom the application is made reasonably requires.\nIf the reason is sports or target shooting, the applicant must provide proof the applicant is a current member of an approved shooting club.\nIf the reason is recreational shooting, the applicant must produce—\nwritten permission from a landowner authorising the applicant to shoot on the landowner’s rural land; or\nproof of current membership of a body prescribed under a regulation for this subsection.\nA body may be prescribed for subsection (3) (b) only if—\nit is a landowner of rural land; or\nit holds written permission from a landowner authorising members of the body to shoot on the landowner’s rural land.\nIf the reason is an occupational requirement, the applicant must state why possession of a weapon is necessary in the conduct of the applicant’s business or employment.\ns 13 amd 1991 No. 97 s 3 sch 1 ; 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 8\namd 1997 No. 48 s 9 ; 2026 No. 4 s 59\n(sec.13-ssec.1) An application for a licence must— be made in the approved form and state the applicant’s reason for wishing to possess a weapon (the reason ); and be made personally, in the way prescribed under a regulation, by— if the licence is for an individual—the person; or if the licence is for a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and state whether the applicant has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside; and state whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and if the applicant has a conviction for a relevant offence as mentioned in paragraph (c) or has been charged with a relevant offence as mentioned in paragraph (d) —include— details of the conviction or charge; and information about the circumstances of the offence; and information about the circumstances of the conviction or charge; and be accompanied by— the fee prescribed under a regulation; and proof of identity to the satisfaction of an authorised officer; and other particulars prescribed under a regulation; and the other relevant particulars the person to whom the application is made reasonably requires.\n(sec.13-ssec.2) If the reason is sports or target shooting, the applicant must provide proof the applicant is a current member of an approved shooting club.\n(sec.13-ssec.3) If the reason is recreational shooting, the applicant must produce— written permission from a landowner authorising the applicant to shoot on the landowner’s rural land; or proof of current membership of a body prescribed under a regulation for this subsection.\n(sec.13-ssec.4) A body may be prescribed for subsection (3) (b) only if— it is a landowner of rural land; or it holds written permission from a landowner authorising members of the body to shoot on the landowner’s rural land.\n(sec.13-ssec.5) If the reason is an occupational requirement, the applicant must state why possession of a weapon is necessary in the conduct of the applicant’s business or employment.\n- (a) be made in the approved form and state the applicant’s reason for wishing to possess a weapon (the reason ); and\n- (b) be made personally, in the way prescribed under a regulation, by— (i) if the licence is for an individual—the person; or (ii) if the licence is for a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and\n- (i) if the licence is for an individual—the person; or\n- (ii) if the licence is for a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and\n- (c) state whether the applicant has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside; and\n- (d) state whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and\n- (e) if the applicant has a conviction for a relevant offence as mentioned in paragraph (c) or has been charged with a relevant offence as mentioned in paragraph (d) —include— (i) details of the conviction or charge; and (ii) information about the circumstances of the offence; and (iii) information about the circumstances of the conviction or charge; and\n- (i) details of the conviction or charge; and\n- (ii) information about the circumstances of the offence; and\n- (iii) information about the circumstances of the conviction or charge; and\n- (f) be accompanied by— (i) the fee prescribed under a regulation; and (ii) proof of identity to the satisfaction of an authorised officer; and (iii) other particulars prescribed under a regulation; and (iv) the other relevant particulars the person to whom the application is made reasonably requires.\n- (i) the fee prescribed under a regulation; and\n- (ii) proof of identity to the satisfaction of an authorised officer; and\n- (iii) other particulars prescribed under a regulation; and\n- (iv) the other relevant particulars the person to whom the application is made reasonably requires.\n- (i) if the licence is for an individual—the person; or\n- (ii) if the licence is for a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and\n- (i) details of the conviction or charge; and\n- (ii) information about the circumstances of the offence; and\n- (iii) information about the circumstances of the conviction or charge; and\n- (i) the fee prescribed under a regulation; and\n- (ii) proof of identity to the satisfaction of an authorised officer; and\n- (iii) other particulars prescribed under a regulation; and\n- (iv) the other relevant particulars the person to whom the application is made reasonably requires.\n- (a) written permission from a landowner authorising the applicant to shoot on the landowner’s rural land; or\n- (b) proof of current membership of a body prescribed under a regulation for this subsection.\n- (a) it is a landowner of rural land; or\n- (b) it holds written permission from a landowner authorising members of the body to shoot on the landowner’s rural land.","sortOrder":30},{"sectionNumber":"sec.14","sectionType":"section","heading":"Inquiries into application","content":"### sec.14 Inquiries into application\n\nBefore the application is decided, an officer in charge of police or authorised officer with whom an application for a licence is lodged may—\nmake an inquiry or investigation about the applicant or the application; and\nrequire the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including—\nin relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and\nin relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and\nrequire the applicant—\nto confirm whether the applicant has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside; and\nif the applicant has a conviction for a relevant offence as mentioned in subparagraph (i) —to give the officer details of the conviction and information about the circumstances of the offence or conviction, other than details or information included in the application; and\nrequire the applicant—\nto confirm whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and\nif the applicant has been charged with a relevant offence as mentioned in subparagraph (i) —to give the officer details of the charge and information about the circumstances of the offence or charge, other than details or information included in the application; and\ninspect the secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and\nsupply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and\nrequire the applicant to display an adequate knowledge of the safety practices for the use, storage and maintenance of the weapon or category of weapons the possession of which is to be authorised under the licence; and\nmake a report about the applicant or the application; and\nmake the recommendation about the application the officer thinks appropriate.\nIf an authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity.\nThe applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant—\nrefuses to provide the information reasonably required under subsection (1) (b) ; or\nfails to comply with a requirement under subsection (1) (c) or (d) ; or\nrefuses to allow the inspection under subsection (1) (e) ; or\nfails to comply with a requirement under subsection (2) .\nIf information about the applicant’s mental health given under subsection (1) (b) is provided in a doctor’s or psychologist’s report, an authorised officer may—\nmake information in the officer’s possession available to the doctor or psychologist; and\nask the doctor or psychologist to provide a further report.\nThe authorised officer may make the information available only if the officer considers, on reasonable grounds—\nthe doctor or psychologist was not aware of the information; and\nthe information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health.\nThe authorised officer must also advise the applicant of the information being supplied to the doctor or psychologist.\nThe authorised officer may make the information available under subsection (4) despite the provisions of any other Act.\nUnless the authorised officer considers that it is currently required for the investigation of an offence, the authorised officer must, after deciding the application—\nreturn to the applicant any identifying particular obtained in the course of inquiries into the application; and\ndestroy any record or copy of the identifying particular.\nInformation required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose.\nIn this section—\napplicant includes, for a body, an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs.\ns 14 sub 1996 No. 41 s 8\namd 1997 No. 48 s 10 ; 2013 No. 64 s 221 ; 2016 No. 62 s 475 ; 2026 No. 4 s 60\n(sec.14-ssec.1) Before the application is decided, an officer in charge of police or authorised officer with whom an application for a licence is lodged may— make an inquiry or investigation about the applicant or the application; and require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including— in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and require the applicant— to confirm whether the applicant has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside; and if the applicant has a conviction for a relevant offence as mentioned in subparagraph (i) —to give the officer details of the conviction and information about the circumstances of the offence or conviction, other than details or information included in the application; and require the applicant— to confirm whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and if the applicant has been charged with a relevant offence as mentioned in subparagraph (i) —to give the officer details of the charge and information about the circumstances of the offence or charge, other than details or information included in the application; and inspect the secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and supply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and require the applicant to display an adequate knowledge of the safety practices for the use, storage and maintenance of the weapon or category of weapons the possession of which is to be authorised under the licence; and make a report about the applicant or the application; and make the recommendation about the application the officer thinks appropriate.\n(sec.14-ssec.2) If an authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity.\n(sec.14-ssec.3) The applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant— refuses to provide the information reasonably required under subsection (1) (b) ; or fails to comply with a requirement under subsection (1) (c) or (d) ; or refuses to allow the inspection under subsection (1) (e) ; or fails to comply with a requirement under subsection (2) .\n(sec.14-ssec.4) If information about the applicant’s mental health given under subsection (1) (b) is provided in a doctor’s or psychologist’s report, an authorised officer may— make information in the officer’s possession available to the doctor or psychologist; and ask the doctor or psychologist to provide a further report.\n(sec.14-ssec.5) The authorised officer may make the information available only if the officer considers, on reasonable grounds— the doctor or psychologist was not aware of the information; and the information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health.\n(sec.14-ssec.6) The authorised officer must also advise the applicant of the information being supplied to the doctor or psychologist.\n(sec.14-ssec.7) The authorised officer may make the information available under subsection (4) despite the provisions of any other Act.\n(sec.14-ssec.8) Unless the authorised officer considers that it is currently required for the investigation of an offence, the authorised officer must, after deciding the application— return to the applicant any identifying particular obtained in the course of inquiries into the application; and destroy any record or copy of the identifying particular.\n(sec.14-ssec.9) Information required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose.\n(sec.14-ssec.10) In this section— applicant includes, for a body, an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs.\n- (a) make an inquiry or investigation about the applicant or the application; and\n- (b) require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including— (i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and (ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and\n- (i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and\n- (ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and\n- (c) require the applicant— (i) to confirm whether the applicant has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside; and (ii) if the applicant has a conviction for a relevant offence as mentioned in subparagraph (i) —to give the officer details of the conviction and information about the circumstances of the offence or conviction, other than details or information included in the application; and\n- (i) to confirm whether the applicant has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside; and\n- (ii) if the applicant has a conviction for a relevant offence as mentioned in subparagraph (i) —to give the officer details of the conviction and information about the circumstances of the offence or conviction, other than details or information included in the application; and\n- (d) require the applicant— (i) to confirm whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and (ii) if the applicant has been charged with a relevant offence as mentioned in subparagraph (i) —to give the officer details of the charge and information about the circumstances of the offence or charge, other than details or information included in the application; and\n- (i) to confirm whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and\n- (ii) if the applicant has been charged with a relevant offence as mentioned in subparagraph (i) —to give the officer details of the charge and information about the circumstances of the offence or charge, other than details or information included in the application; and\n- (e) inspect the secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and\n- (f) supply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and\n- (g) require the applicant to display an adequate knowledge of the safety practices for the use, storage and maintenance of the weapon or category of weapons the possession of which is to be authorised under the licence; and\n- (h) make a report about the applicant or the application; and\n- (i) make the recommendation about the application the officer thinks appropriate.\n- (i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and\n- (ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and\n- (i) to confirm whether the applicant has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside; and\n- (ii) if the applicant has a conviction for a relevant offence as mentioned in subparagraph (i) —to give the officer details of the conviction and information about the circumstances of the offence or conviction, other than details or information included in the application; and\n- (i) to confirm whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and\n- (ii) if the applicant has been charged with a relevant offence as mentioned in subparagraph (i) —to give the officer details of the charge and information about the circumstances of the offence or charge, other than details or information included in the application; and\n- (a) refuses to provide the information reasonably required under subsection (1) (b) ; or\n- (b) fails to comply with a requirement under subsection (1) (c) or (d) ; or\n- (c) refuses to allow the inspection under subsection (1) (e) ; or\n- (d) fails to comply with a requirement under subsection (2) .\n- (a) make information in the officer’s possession available to the doctor or psychologist; and\n- (b) ask the doctor or psychologist to provide a further report.\n- (a) the doctor or psychologist was not aware of the information; and\n- (b) the information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health.\n- (a) return to the applicant any identifying particular obtained in the course of inquiries into the application; and\n- (b) destroy any record or copy of the identifying particular.","sortOrder":31},{"sectionNumber":"sec.15","sectionType":"section","heading":"Authorised officer decides application","content":"### sec.15 Authorised officer decides application\n\nAn authorised officer must decide an application for a licence (other than renewal of a licence) as soon as practicable after the end of the period prescribed for this section under a regulation.\nHowever, the authorised officer may decide the application within the prescribed period if the applicant is the holder of an existing licence of another class.\nIn deciding the application, the authorised officer may consider anything at the officer’s disposal.\nAdditional requirements are prescribed for particular applications under section 18A , 18B or 18C .\nThe authorised officer must—\napprove the application and issue the licence subject to any conditions the authorised officer may decide, including, but not limited to—\nconditions limiting the use or possession of a weapon; or\nconditions prescribed under a regulation and applying to the weapon; or\nfor a licence authorising possession of a category M crossbow—conditions requiring the licensee within 7 days to permanently mark on the crossbow an identifying serial number fixed by the authorised officer for the crossbow; or\nany other conditions the authorised officer considers appropriate in the particular circumstances; or\nreject the application.\nHowever, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B (1) (f) or 10C (1) (c) , the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis.\nA person whose application is rejected because the person is not a fit and proper person to hold a licence is not entitled to reapply for a licence—\nif the person’s application was rejected because the person was not a fit and proper person under section 10B (3) , (4) or (5) —until the day the section stops having the effect that the person is not a fit and proper person under that subsection; or\notherwise—until the day 3 years after the day the application was rejected.\ns 15 amd 1994 No. 13 s 8\nsub 1996 No. 41 s 8\namd 1997 No. 48 s 11 ; 2003 No. 5 s 6 ; 2003 No. 37 s 9 ; 2003 No. 92 ss 55 , 66 ; 2024 No. 45 s 60 ; 2026 No. 4 s 61\n(sec.15-ssec.1) An authorised officer must decide an application for a licence (other than renewal of a licence) as soon as practicable after the end of the period prescribed for this section under a regulation.\n(sec.15-ssec.2) However, the authorised officer may decide the application within the prescribed period if the applicant is the holder of an existing licence of another class.\n(sec.15-ssec.3) In deciding the application, the authorised officer may consider anything at the officer’s disposal. Additional requirements are prescribed for particular applications under section 18A , 18B or 18C .\n(sec.15-ssec.4) The authorised officer must— approve the application and issue the licence subject to any conditions the authorised officer may decide, including, but not limited to— conditions limiting the use or possession of a weapon; or conditions prescribed under a regulation and applying to the weapon; or for a licence authorising possession of a category M crossbow—conditions requiring the licensee within 7 days to permanently mark on the crossbow an identifying serial number fixed by the authorised officer for the crossbow; or any other conditions the authorised officer considers appropriate in the particular circumstances; or reject the application.\n(sec.15-ssec.5) However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B (1) (f) or 10C (1) (c) , the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis.\n(sec.15-ssec.6) A person whose application is rejected because the person is not a fit and proper person to hold a licence is not entitled to reapply for a licence— if the person’s application was rejected because the person was not a fit and proper person under section 10B (3) , (4) or (5) —until the day the section stops having the effect that the person is not a fit and proper person under that subsection; or otherwise—until the day 3 years after the day the application was rejected.\n- (a) approve the application and issue the licence subject to any conditions the authorised officer may decide, including, but not limited to— (i) conditions limiting the use or possession of a weapon; or (ii) conditions prescribed under a regulation and applying to the weapon; or (iii) for a licence authorising possession of a category M crossbow—conditions requiring the licensee within 7 days to permanently mark on the crossbow an identifying serial number fixed by the authorised officer for the crossbow; or (iv) any other conditions the authorised officer considers appropriate in the particular circumstances; or\n- (i) conditions limiting the use or possession of a weapon; or\n- (ii) conditions prescribed under a regulation and applying to the weapon; or\n- (iii) for a licence authorising possession of a category M crossbow—conditions requiring the licensee within 7 days to permanently mark on the crossbow an identifying serial number fixed by the authorised officer for the crossbow; or\n- (iv) any other conditions the authorised officer considers appropriate in the particular circumstances; or\n- (b) reject the application.\n- (i) conditions limiting the use or possession of a weapon; or\n- (ii) conditions prescribed under a regulation and applying to the weapon; or\n- (iii) for a licence authorising possession of a category M crossbow—conditions requiring the licensee within 7 days to permanently mark on the crossbow an identifying serial number fixed by the authorised officer for the crossbow; or\n- (iv) any other conditions the authorised officer considers appropriate in the particular circumstances; or\n- (a) if the person’s application was rejected because the person was not a fit and proper person under section 10B (3) , (4) or (5) —until the day the section stops having the effect that the person is not a fit and proper person under that subsection; or\n- (b) otherwise—until the day 3 years after the day the application was rejected.","sortOrder":32},{"sectionNumber":"sec.16","sectionType":"section","heading":"Issue of licence","content":"### sec.16 Issue of licence\n\nA licence must be—\nin the approved form; and\nendorsed with—\nthe weapon or category of weapon the possession of which is authorised by the licence; and\nany conditions decided by an authorised officer; and\nif the licence is an armourer’s, collector’s or dealer’s licence or a security licence (organisation)—the place approved for the secure storage of the weapon or category of weapon possession of which is authorised by the licence.\nA condition or any other information to be endorsed on a licence may be endorsed on the licence or a certificate issued for the licence.\nThe condition or information may be endorsed on the licence or certificate by a word that is given a meaning by a code prescribed under a regulation.\nA regulation may prescribe things that must be provided for on the approved form of licence.\ns 16 amd 1991 No. 97 s 3 sch 1 ; 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 8\namd 2003 No. 37 s 10\n(sec.16-ssec.1) A licence must be— in the approved form; and endorsed with— the weapon or category of weapon the possession of which is authorised by the licence; and any conditions decided by an authorised officer; and if the licence is an armourer’s, collector’s or dealer’s licence or a security licence (organisation)—the place approved for the secure storage of the weapon or category of weapon possession of which is authorised by the licence.\n(sec.16-ssec.2) A condition or any other information to be endorsed on a licence may be endorsed on the licence or a certificate issued for the licence.\n(sec.16-ssec.3) The condition or information may be endorsed on the licence or certificate by a word that is given a meaning by a code prescribed under a regulation.\n(sec.16-ssec.4) A regulation may prescribe things that must be provided for on the approved form of licence.\n- (a) in the approved form; and\n- (b) endorsed with— (i) the weapon or category of weapon the possession of which is authorised by the licence; and (ii) any conditions decided by an authorised officer; and (iii) if the licence is an armourer’s, collector’s or dealer’s licence or a security licence (organisation)—the place approved for the secure storage of the weapon or category of weapon possession of which is authorised by the licence.\n- (i) the weapon or category of weapon the possession of which is authorised by the licence; and\n- (ii) any conditions decided by an authorised officer; and\n- (iii) if the licence is an armourer’s, collector’s or dealer’s licence or a security licence (organisation)—the place approved for the secure storage of the weapon or category of weapon possession of which is authorised by the licence.\n- (i) the weapon or category of weapon the possession of which is authorised by the licence; and\n- (ii) any conditions decided by an authorised officer; and\n- (iii) if the licence is an armourer’s, collector’s or dealer’s licence or a security licence (organisation)—the place approved for the secure storage of the weapon or category of weapon possession of which is authorised by the licence.","sortOrder":33},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 amd 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 8\nom 2003 No. 37 s 11","sortOrder":34},{"sectionNumber":"sec.18","sectionType":"section","heading":"Renewal of licences","content":"### sec.18 Renewal of licences\n\nA licensee may apply for the renewal of the licensee’s licence.\nThe licensee must make the application for renewal of the licence on or before the day the licence expires.\nAn application for renewal of a licence must be—\nmade in the approved form; and\nmade personally, in the way prescribed under a regulation, by—\nfor a licence issued to an individual—the licensee; or\nfor a licence issued to a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and\naccompanied by the fee prescribed under a regulation.\nIf an officer in charge of police receives the application, the officer must refer the application to an authorised officer.\nAn authorised officer must ensure the application is decided—\nas soon as practicable after the application is made; and\nif the application is not decided on or before the day the licence expires—within 42 days after the day the licence expires.\nIn deciding the application, the authorised officer may consider anything at the officer’s disposal.\nThe authorised officer must—\napprove the application and renew the licence subject to any conditions the authorised officer may decide; or\nreject the application.\nHowever, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B (1) (f) or 10C (1) (c) , the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis.\nA licence may be renewed by—\nendorsing the existing licence; or\ncancelling the licence and issuing a fresh licence endorsed with any condition decided by an authorised officer or other information.\nSection 10 (1) , (2) (a) , (2) (c) to (g) and (2A) to (3) applies to the renewal of a licence.\nFor applying the provisions mentioned in subsection (9) to the renewal of a licence, a reference to the issue of the licence is taken to be a reference to the renewal of the licence.\ns 18 amd 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 8\namd 1998 No. 19 s 29 ; 2003 No. 5 s 7 ; 2003 No. 37 s 12 ; 2007 No. 1 s 32 sch 2 ; 2013 No. 64 s 222 ; 2016 No. 62 s 476 ; 2024 No. 45 s 61 ; 2026 No. 4 s 62 (1)\n(sec.18-ssec.1) A licensee may apply for the renewal of the licensee’s licence.\n(sec.18-ssec.1A) The licensee must make the application for renewal of the licence on or before the day the licence expires.\n(sec.18-ssec.2) An application for renewal of a licence must be— made in the approved form; and made personally, in the way prescribed under a regulation, by— for a licence issued to an individual—the licensee; or for a licence issued to a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and accompanied by the fee prescribed under a regulation.\n(sec.18-ssec.3) If an officer in charge of police receives the application, the officer must refer the application to an authorised officer.\n(sec.18-ssec.4) An authorised officer must ensure the application is decided— as soon as practicable after the application is made; and if the application is not decided on or before the day the licence expires—within 42 days after the day the licence expires.\n(sec.18-ssec.5) In deciding the application, the authorised officer may consider anything at the officer’s disposal.\n(sec.18-ssec.6) The authorised officer must— approve the application and renew the licence subject to any conditions the authorised officer may decide; or reject the application.\n(sec.18-ssec.7) However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B (1) (f) or 10C (1) (c) , the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis.\n(sec.18-ssec.8) A licence may be renewed by— endorsing the existing licence; or cancelling the licence and issuing a fresh licence endorsed with any condition decided by an authorised officer or other information.\n(sec.18-ssec.9) Section 10 (1) , (2) (a) , (2) (c) to (g) and (2A) to (3) applies to the renewal of a licence.\n(sec.18-ssec.10) For applying the provisions mentioned in subsection (9) to the renewal of a licence, a reference to the issue of the licence is taken to be a reference to the renewal of the licence.\n- (a) made in the approved form; and\n- (b) made personally, in the way prescribed under a regulation, by— (i) for a licence issued to an individual—the licensee; or (ii) for a licence issued to a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and\n- (i) for a licence issued to an individual—the licensee; or\n- (ii) for a licence issued to a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and\n- (c) accompanied by the fee prescribed under a regulation.\n- (i) for a licence issued to an individual—the licensee; or\n- (ii) for a licence issued to a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and\n- (a) as soon as practicable after the application is made; and\n- (b) if the application is not decided on or before the day the licence expires—within 42 days after the day the licence expires.\n- (a) approve the application and renew the licence subject to any conditions the authorised officer may decide; or\n- (b) reject the application.\n- (a) endorsing the existing licence; or\n- (b) cancelling the licence and issuing a fresh licence endorsed with any condition decided by an authorised officer or other information.","sortOrder":35},{"sectionNumber":"sec.18AA","sectionType":"section","heading":"Alternative provision for renewal application if licensee is an individual","content":"### sec.18AA Alternative provision for renewal application if licensee is an individual\n\nThis section applies if a licensee is an individual.\nHowever, this section applies to a licensee only if, when the licensee is required to apply for the renewal of a licence, the licensee—\nis temporarily absent from Australia for a genuine occupational reason; or\nis temporarily a patient in a hospital.\nAlso, this section applies despite section 18 (2) (b) (i) .\nIf the licensee authorises an attorney under a power of attorney to make the application for the licensee, the attorney may make the application for renewal of the licensee’s licence for the licensee.\nHowever, the attorney may make the application—\nonly on a single occasion; and\nonly if the attorney gives the authorised officer a statutory declaration stating that the attorney is not entitled to any fee or other benefit for making the application.\nThe attorney must make the application by—\npersonally giving to a police officer at a police station or police establishment a renewal application completed and signed by the licensee; and\nproducing to the police officer the information mentioned in section 18AB ( required information ).\ns 18AA ins 2005 No. 17 s 37\n(sec.18AA-ssec.1) This section applies if a licensee is an individual.\n(sec.18AA-ssec.2) However, this section applies to a licensee only if, when the licensee is required to apply for the renewal of a licence, the licensee— is temporarily absent from Australia for a genuine occupational reason; or is temporarily a patient in a hospital.\n(sec.18AA-ssec.3) Also, this section applies despite section 18 (2) (b) (i) .\n(sec.18AA-ssec.4) If the licensee authorises an attorney under a power of attorney to make the application for the licensee, the attorney may make the application for renewal of the licensee’s licence for the licensee.\n(sec.18AA-ssec.5) However, the attorney may make the application— only on a single occasion; and only if the attorney gives the authorised officer a statutory declaration stating that the attorney is not entitled to any fee or other benefit for making the application.\n(sec.18AA-ssec.6) The attorney must make the application by— personally giving to a police officer at a police station or police establishment a renewal application completed and signed by the licensee; and producing to the police officer the information mentioned in section 18AB ( required information ).\n- (a) is temporarily absent from Australia for a genuine occupational reason; or\n- (b) is temporarily a patient in a hospital.\n- (a) only on a single occasion; and\n- (b) only if the attorney gives the authorised officer a statutory declaration stating that the attorney is not entitled to any fee or other benefit for making the application.\n- (a) personally giving to a police officer at a police station or police establishment a renewal application completed and signed by the licensee; and\n- (b) producing to the police officer the information mentioned in section 18AB ( required information ).","sortOrder":36},{"sectionNumber":"sec.18AB","sectionType":"section","heading":"What is required information for s 18AA","content":"### sec.18AB What is required information for s 18AA\n\nThe required information for section 18AA is as follows—\nphotographic evidence of the attorney’s identity;\nthe original of the instrument conferring the power of attorney, or a copy of the instrument certified by a justice of the peace, commissioner for declarations, lawyer or notary public as a true copy of the instrument;\na statutory declaration complying with subsection (2) , (3) or (4) , as appropriate.\nIf the attorney makes the application because the licensee is temporarily absent from Australia for a genuine occupational reason, the statutory declaration must be signed by the licensee and state the following—\nthe licensee is temporarily absent from Australia for a genuine occupational reason;\nthe genuine occupational reason for the licensee’s absence;\nhow long the licensee will be absent.\nIf the attorney makes the application because the licensee is temporarily a patient in a hospital, the statutory declaration must be signed by the licensee and state the following—\nthe licensee is temporarily a patient in a stated hospital because of a genuine medical condition;\nthe nature of the medical condition;\nwhen the licensee became a patient in the hospital.\nIf the attorney makes the application because the licensee is temporarily a patient in a hospital and the licensee is unable to make the declaration because of a genuine medical reason, the statutory declaration must be signed by the attorney and state the following—\nthe licensee is temporarily a patient in a stated hospital because of a genuine medical condition;\nthe nature of the medical condition;\nwhen the licensee became a patient in the hospital;\nthe licensee is unable to make the application.\ns 18AB ins 2005 No. 17 s 37\n(sec.18AB-ssec.1) The required information for section 18AA is as follows— photographic evidence of the attorney’s identity; the original of the instrument conferring the power of attorney, or a copy of the instrument certified by a justice of the peace, commissioner for declarations, lawyer or notary public as a true copy of the instrument; a statutory declaration complying with subsection (2) , (3) or (4) , as appropriate.\n(sec.18AB-ssec.2) If the attorney makes the application because the licensee is temporarily absent from Australia for a genuine occupational reason, the statutory declaration must be signed by the licensee and state the following— the licensee is temporarily absent from Australia for a genuine occupational reason; the genuine occupational reason for the licensee’s absence; how long the licensee will be absent.\n(sec.18AB-ssec.3) If the attorney makes the application because the licensee is temporarily a patient in a hospital, the statutory declaration must be signed by the licensee and state the following— the licensee is temporarily a patient in a stated hospital because of a genuine medical condition; the nature of the medical condition; when the licensee became a patient in the hospital.\n(sec.18AB-ssec.4) If the attorney makes the application because the licensee is temporarily a patient in a hospital and the licensee is unable to make the declaration because of a genuine medical reason, the statutory declaration must be signed by the attorney and state the following— the licensee is temporarily a patient in a stated hospital because of a genuine medical condition; the nature of the medical condition; when the licensee became a patient in the hospital; the licensee is unable to make the application.\n- (a) photographic evidence of the attorney’s identity;\n- (b) the original of the instrument conferring the power of attorney, or a copy of the instrument certified by a justice of the peace, commissioner for declarations, lawyer or notary public as a true copy of the instrument;\n- (c) a statutory declaration complying with subsection (2) , (3) or (4) , as appropriate.\n- (a) the licensee is temporarily absent from Australia for a genuine occupational reason;\n- (b) the genuine occupational reason for the licensee’s absence;\n- (c) how long the licensee will be absent.\n- (a) the licensee is temporarily a patient in a stated hospital because of a genuine medical condition;\n- (b) the nature of the medical condition;\n- (c) when the licensee became a patient in the hospital.\n- (a) the licensee is temporarily a patient in a stated hospital because of a genuine medical condition;\n- (b) the nature of the medical condition;\n- (c) when the licensee became a patient in the hospital;\n- (d) the licensee is unable to make the application.","sortOrder":37},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Additional application requirements for collector’s licence (weapons) for category H weapon","content":"### sec.18A Additional application requirements for collector’s licence (weapons) for category H weapon\n\nIf the application is for a collector’s licence (weapons) or the renewal of a collector’s licence (weapons) and the licensee intends to possess a temporarily inoperable category H weapon, the application must include a current declaration signed by an approved historical society’s representative stating—\nthe applicant holds current membership with the approved historical society; and\nthe representative is satisfied that the applicant is a genuine collector of weapons.\nSubsection (1) does not apply if the applicant is an approved historical society.\nA declaration mentioned in subsection (1) is current for 28 days after the day it is signed by the representative.\ns 18A ins 2003 No. 37 s 13\n(sec.18A-ssec.1) If the application is for a collector’s licence (weapons) or the renewal of a collector’s licence (weapons) and the licensee intends to possess a temporarily inoperable category H weapon, the application must include a current declaration signed by an approved historical society’s representative stating— the applicant holds current membership with the approved historical society; and the representative is satisfied that the applicant is a genuine collector of weapons.\n(sec.18A-ssec.2) Subsection (1) does not apply if the applicant is an approved historical society.\n(sec.18A-ssec.3) A declaration mentioned in subsection (1) is current for 28 days after the day it is signed by the representative.\n- (a) the applicant holds current membership with the approved historical society; and\n- (b) the representative is satisfied that the applicant is a genuine collector of weapons.","sortOrder":38},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Additional application requirements for concealable firearms licence","content":"### sec.18B Additional application requirements for concealable firearms licence\n\nIf the application is for a concealable firearms licence and the applicant’s reason for possession of a weapon under that licence is sports or target shooting, the application must include a current declaration by the representative of an approved pistol club stating that—\nthe applicant holds current membership with the pistol club; and\nthe applicant has been a member of the pistol club for the 6 month period immediately before the declaration is made; and\nthe applicant has participated in at least 3 handgun shooting competitions during that 6 month period.\nSubsection (3) applies if an applicant for a concealable firearms licence—\nholds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; or\nwas, within the period prescribed under a regulation for this section, a resident of another country and at the time of the application resides only in Queensland.\nThe declaration included in the application need not address the matters mentioned in subsection (1) (b) or (c) if the application is accompanied by evidence—\nfor subsection (2) (a) , that the applicant—\nhas been a member of a shooting club in the other State for the 6 month period immediately before the declaration is made; and\nholds a licence or other authority under a law of the other State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; and\nhas held the authority mentioned in subparagraph (ii) for at least 12 months; and\nhas, in the other State, participated in not less than the number of handgun shooting competitions necessary to comply with the law of the other State; or\nfor subsection (2) (b) , that the applicant—\nwas permitted or authorised under the law of the other country to possess a category H weapon for sports or target shooting; and\nhas, within the 2 year period immediately before the declaration is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon.\nshooting competitions in the Olympic Games\nshooting competitions in the Commonwealth Games\nmetallic silhouette world championship\nIf the application is for the renewal of a concealable firearms licence and the applicant’s reason for possession of a weapon is sports or target shooting, the application must include—\na current declaration by the representative of an approved shooting club stating that the applicant holds current membership with the shooting club; and\na copy of the applicant’s participation record for the period of the applicant’s current licence.\nA declaration under this section is current for 28 days after the day it is signed by the representative.\ns 18B ins 2003 No. 37 s 13\namd 2007 No. 1 s 32 sch 2\n(sec.18B-ssec.1) If the application is for a concealable firearms licence and the applicant’s reason for possession of a weapon under that licence is sports or target shooting, the application must include a current declaration by the representative of an approved pistol club stating that— the applicant holds current membership with the pistol club; and the applicant has been a member of the pistol club for the 6 month period immediately before the declaration is made; and the applicant has participated in at least 3 handgun shooting competitions during that 6 month period.\n(sec.18B-ssec.2) Subsection (3) applies if an applicant for a concealable firearms licence— holds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; or was, within the period prescribed under a regulation for this section, a resident of another country and at the time of the application resides only in Queensland.\n(sec.18B-ssec.3) The declaration included in the application need not address the matters mentioned in subsection (1) (b) or (c) if the application is accompanied by evidence— for subsection (2) (a) , that the applicant— has been a member of a shooting club in the other State for the 6 month period immediately before the declaration is made; and holds a licence or other authority under a law of the other State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; and has held the authority mentioned in subparagraph (ii) for at least 12 months; and has, in the other State, participated in not less than the number of handgun shooting competitions necessary to comply with the law of the other State; or for subsection (2) (b) , that the applicant— was permitted or authorised under the law of the other country to possess a category H weapon for sports or target shooting; and has, within the 2 year period immediately before the declaration is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon. shooting competitions in the Olympic Games shooting competitions in the Commonwealth Games metallic silhouette world championship\n(sec.18B-ssec.4) If the application is for the renewal of a concealable firearms licence and the applicant’s reason for possession of a weapon is sports or target shooting, the application must include— a current declaration by the representative of an approved shooting club stating that the applicant holds current membership with the shooting club; and a copy of the applicant’s participation record for the period of the applicant’s current licence.\n(sec.18B-ssec.5) A declaration under this section is current for 28 days after the day it is signed by the representative.\n- (a) the applicant holds current membership with the pistol club; and\n- (b) the applicant has been a member of the pistol club for the 6 month period immediately before the declaration is made; and\n- (c) the applicant has participated in at least 3 handgun shooting competitions during that 6 month period.\n- (a) holds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; or\n- (b) was, within the period prescribed under a regulation for this section, a resident of another country and at the time of the application resides only in Queensland.\n- (a) for subsection (2) (a) , that the applicant— (i) has been a member of a shooting club in the other State for the 6 month period immediately before the declaration is made; and (ii) holds a licence or other authority under a law of the other State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; and (iii) has held the authority mentioned in subparagraph (ii) for at least 12 months; and (iv) has, in the other State, participated in not less than the number of handgun shooting competitions necessary to comply with the law of the other State; or\n- (i) has been a member of a shooting club in the other State for the 6 month period immediately before the declaration is made; and\n- (ii) holds a licence or other authority under a law of the other State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; and\n- (iii) has held the authority mentioned in subparagraph (ii) for at least 12 months; and\n- (iv) has, in the other State, participated in not less than the number of handgun shooting competitions necessary to comply with the law of the other State; or\n- (b) for subsection (2) (b) , that the applicant— (i) was permitted or authorised under the law of the other country to possess a category H weapon for sports or target shooting; and (ii) has, within the 2 year period immediately before the declaration is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon. Examples of internationally recognised shooting competitions— • shooting competitions in the Olympic Games • shooting competitions in the Commonwealth Games • metallic silhouette world championship\n- (i) was permitted or authorised under the law of the other country to possess a category H weapon for sports or target shooting; and\n- (ii) has, within the 2 year period immediately before the declaration is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon. Examples of internationally recognised shooting competitions— • shooting competitions in the Olympic Games • shooting competitions in the Commonwealth Games • metallic silhouette world championship\n- • shooting competitions in the Olympic Games\n- • shooting competitions in the Commonwealth Games\n- • metallic silhouette world championship\n- (i) has been a member of a shooting club in the other State for the 6 month period immediately before the declaration is made; and\n- (ii) holds a licence or other authority under a law of the other State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; and\n- (iii) has held the authority mentioned in subparagraph (ii) for at least 12 months; and\n- (iv) has, in the other State, participated in not less than the number of handgun shooting competitions necessary to comply with the law of the other State; or\n- (i) was permitted or authorised under the law of the other country to possess a category H weapon for sports or target shooting; and\n- (ii) has, within the 2 year period immediately before the declaration is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon. Examples of internationally recognised shooting competitions— • shooting competitions in the Olympic Games • shooting competitions in the Commonwealth Games • metallic silhouette world championship\n- • shooting competitions in the Olympic Games\n- • shooting competitions in the Commonwealth Games\n- • metallic silhouette world championship\n- • shooting competitions in the Olympic Games\n- • shooting competitions in the Commonwealth Games\n- • metallic silhouette world championship\n- (a) a current declaration by the representative of an approved shooting club stating that the applicant holds current membership with the shooting club; and\n- (b) a copy of the applicant’s participation record for the period of the applicant’s current licence.","sortOrder":39},{"sectionNumber":"sec.18C","sectionType":"section","heading":"Additional application requirements for dealer’s licence","content":"### sec.18C Additional application requirements for dealer’s licence\n\nIf the application is for a dealer’s licence or the renewal of a dealer’s licence, the approved form must require the applicant to disclose—\nthe full name, occupation and residential address of each person who is an associate of the applicant for the dealer’s licence or the licensed dealer; and\ndetails of the relevant interest, relevant power or relevant position each associate holds or will hold or may be entitled to exercise.\ns 18C ins 2003 No. 37 s 13\n- (a) the full name, occupation and residential address of each person who is an associate of the applicant for the dealer’s licence or the licensed dealer; and\n- (b) details of the relevant interest, relevant power or relevant position each associate holds or will hold or may be entitled to exercise.","sortOrder":40},{"sectionNumber":"sec.18D","sectionType":"section","heading":"Delegation by representative","content":"### sec.18D Delegation by representative\n\nA representative of a body or club may delegate the representative’s power to make a declaration under section 18A or 18B to an appropriate person.\nAn authorised officer may, by written notice given to the body or club, revoke the delegation if the authorised officer reasonably suspects the person to whom power is delegated under subsection (1) is not, or is no longer, an appropriate person.\nThe revocation of a delegation under subsection (2) does not affect the validity of a licence issued or renewed before the delegation was revoked.\nIn this section—\nappropriate person , to whom a power may be delegated by a representative of a body or club, means a person who is a member of the governing body of the body or club.\ns 18D ins 2012 No. 40 s 10\n(sec.18D-ssec.1) A representative of a body or club may delegate the representative’s power to make a declaration under section 18A or 18B to an appropriate person.\n(sec.18D-ssec.2) An authorised officer may, by written notice given to the body or club, revoke the delegation if the authorised officer reasonably suspects the person to whom power is delegated under subsection (1) is not, or is no longer, an appropriate person.\n(sec.18D-ssec.3) The revocation of a delegation under subsection (2) does not affect the validity of a licence issued or renewed before the delegation was revoked.\n(sec.18D-ssec.4) In this section— appropriate person , to whom a power may be delegated by a representative of a body or club, means a person who is a member of the governing body of the body or club.","sortOrder":41},{"sectionNumber":"sec.19","sectionType":"section","heading":"Notice of rejection of application to issue or renew licence","content":"### sec.19 Notice of rejection of application to issue or renew licence\n\nIf an authorised officer rejects an application for a licence or renewal of a licence, the authorised officer must give the applicant a notice of rejection in the approved form stating the specific reasons for the rejection.\nIf a reason an authorised officer rejects an application is criminal intelligence or other information that is not publicly available, it is enough that the notice under subsection (1) states the specific reason for rejection as ‘confidential information’.\nThe notice may be given to the applicant by sending it to the applicant by security post at the address shown on the application.\ns 19 sub 1996 No. 41 s 8\namd 2003 No. 37 s 14 ; 2013 No. 64 s 223 ; 2016 No. 62 s 477\n(sec.19-ssec.1) If an authorised officer rejects an application for a licence or renewal of a licence, the authorised officer must give the applicant a notice of rejection in the approved form stating the specific reasons for the rejection.\n(sec.19-ssec.2) If a reason an authorised officer rejects an application is criminal intelligence or other information that is not publicly available, it is enough that the notice under subsection (1) states the specific reason for rejection as ‘confidential information’.\n(sec.19-ssec.3) The notice may be given to the applicant by sending it to the applicant by security post at the address shown on the application.","sortOrder":42},{"sectionNumber":"sec.20","sectionType":"section","heading":"Term of licence","content":"### sec.20 Term of licence\n\nA licence, other than a replacement licence, remains in force for the term stated on the licence which must not be more than—\nif the licence is for a category A or B weapon—10 years; or\nif the licence is for a weapon other than a category A or B weapon—5 years.\nDespite subsection (1) but subject to any direction by the commissioner, an authorised officer may, by written notice given to a licensee, extend the term the licensee’s licence remains in force to a day that coincides with the licensee’s next birthday.\nNo fee is payable for the extension of a term under subsection (2) .\nA replacement licence remains in force for the unexpired term of the licence which it replaces.\nAn existing licence stops being in force if a replacement licence is issued instead of the licence.\nAlso, a licence, including a replacement licence, stops being in force if—\nit is suspended, cancelled, revoked or surrendered; or\nthe licensee dies or is disqualified from holding the licence; or\nfor a minor’s licence—the licensee turns 18.\ns 20 sub 1996 No. 41 s 8\namd 1997 No. 48 s 12 ; 2003 No. 37 s 15 ; 2012 No. 40 s 11\n(sec.20-ssec.1) A licence, other than a replacement licence, remains in force for the term stated on the licence which must not be more than— if the licence is for a category A or B weapon—10 years; or if the licence is for a weapon other than a category A or B weapon—5 years.\n(sec.20-ssec.2) Despite subsection (1) but subject to any direction by the commissioner, an authorised officer may, by written notice given to a licensee, extend the term the licensee’s licence remains in force to a day that coincides with the licensee’s next birthday.\n(sec.20-ssec.3) No fee is payable for the extension of a term under subsection (2) .\n(sec.20-ssec.4) A replacement licence remains in force for the unexpired term of the licence which it replaces.\n(sec.20-ssec.5) An existing licence stops being in force if a replacement licence is issued instead of the licence.\n(sec.20-ssec.6) Also, a licence, including a replacement licence, stops being in force if— it is suspended, cancelled, revoked or surrendered; or the licensee dies or is disqualified from holding the licence; or for a minor’s licence—the licensee turns 18.\n- (a) if the licence is for a category A or B weapon—10 years; or\n- (b) if the licence is for a weapon other than a category A or B weapon—5 years.\n- (a) it is suspended, cancelled, revoked or surrendered; or\n- (b) the licensee dies or is disqualified from holding the licence; or\n- (c) for a minor’s licence—the licensee turns 18.","sortOrder":43},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Continuation of licence until renewal application dealt with","content":"### sec.20A Continuation of licence until renewal application dealt with\n\nThis section applies if—\na licensee applies under section 18 for the renewal of a licence; and\nthe application is not decided on or before the day the licence expires.\nThe licence, as in force immediately before its expiry, continues in force, as if it had not expired, until the first of the following happens—\nthe authorised officer deciding the application approves the application and renews the licence;\nthe authorised officer deciding the application rejects the application and gives the applicant the notice of rejection under section 19 (1) ;\n42 days elapse after the licence’s expiry.\ns 20A ins 2003 No. 5 s 8\n(sec.20A-ssec.1) This section applies if— a licensee applies under section 18 for the renewal of a licence; and the application is not decided on or before the day the licence expires.\n(sec.20A-ssec.2) The licence, as in force immediately before its expiry, continues in force, as if it had not expired, until the first of the following happens— the authorised officer deciding the application approves the application and renews the licence; the authorised officer deciding the application rejects the application and gives the applicant the notice of rejection under section 19 (1) ; 42 days elapse after the licence’s expiry.\n- (a) a licensee applies under section 18 for the renewal of a licence; and\n- (b) the application is not decided on or before the day the licence expires.\n- (a) the authorised officer deciding the application approves the application and renews the licence;\n- (b) the authorised officer deciding the application rejects the application and gives the applicant the notice of rejection under section 19 (1) ;\n- (c) 42 days elapse after the licence’s expiry.","sortOrder":44},{"sectionNumber":"sec.21","sectionType":"section","heading":"Certain licences transferable","content":"### sec.21 Certain licences transferable\n\nA licence is transferable only in the circumstances mentioned in this section.\nThe following licences may be transferred on a sale of a business—\narmourer’s licence\ndealer’s licence\nsecurity licence (organisation)\ntheatrical ordnance supplier’s licence.\nThe proposed purchaser of the business must apply for the appropriate licence under section 13 .\nIf an authorised officer is satisfied the proposed purchaser is otherwise entitled to be issued with the licence, the authorised officer may approve the transfer of the licence subject to the sale of a business being finalised.\nIf an authorised officer approves the transfer, the purchaser is taken to be the holder of the licence from the time the sale is finalised until the licence is formally transferred or a fresh licence is issued in the purchaser’s name for the balance of the original licence’s term.\ns 21 sub 1996 No. 41 s 8\namd 2003 No. 37 s 16\n(sec.21-ssec.1) A licence is transferable only in the circumstances mentioned in this section.\n(sec.21-ssec.2) The following licences may be transferred on a sale of a business— armourer’s licence dealer’s licence security licence (organisation) theatrical ordnance supplier’s licence.\n(sec.21-ssec.3) The proposed purchaser of the business must apply for the appropriate licence under section 13 .\n(sec.21-ssec.4) If an authorised officer is satisfied the proposed purchaser is otherwise entitled to be issued with the licence, the authorised officer may approve the transfer of the licence subject to the sale of a business being finalised.\n(sec.21-ssec.5) If an authorised officer approves the transfer, the purchaser is taken to be the holder of the licence from the time the sale is finalised until the licence is formally transferred or a fresh licence is issued in the purchaser’s name for the balance of the original licence’s term.\n- • armourer’s licence\n- • dealer’s licence\n- • security licence (organisation)\n- • theatrical ordnance supplier’s licence.","sortOrder":45},{"sectionNumber":"sec.22","sectionType":"section","heading":"Reporting loss, destruction or theft of licence","content":"### sec.22 Reporting loss, destruction or theft of licence\n\nA licensee must report the loss, destruction or theft of the licence to an officer in charge of police immediately after the licensee becomes aware of the loss, destruction or theft.\nMaximum penalty—10 penalty units.\ns 22 amd 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 8","sortOrder":46},{"sectionNumber":"sec.23","sectionType":"section","heading":"Replacement licence","content":"### sec.23 Replacement licence\n\nThis section applies if an authorised officer is satisfied—\na licence is lost, destroyed or stolen; or\nany writing or endorsement on a licence is illegible and the licence is surrendered to an officer in charge of police.\nThe authorised officer may issue to the licensee a licence (the replacement licence ) instead of the existing licence on—\napplication by the licensee in the approved form; and\npayment of the fee prescribed under a regulation.\ns 23 sub 1996 No. 41 s 8\n(sec.23-ssec.1) This section applies if an authorised officer is satisfied— a licence is lost, destroyed or stolen; or any writing or endorsement on a licence is illegible and the licence is surrendered to an officer in charge of police.\n(sec.23-ssec.2) The authorised officer may issue to the licensee a licence (the replacement licence ) instead of the existing licence on— application by the licensee in the approved form; and payment of the fee prescribed under a regulation.\n- (a) a licence is lost, destroyed or stolen; or\n- (b) any writing or endorsement on a licence is illegible and the licence is surrendered to an officer in charge of police.\n- (a) application by the licensee in the approved form; and\n- (b) payment of the fee prescribed under a regulation.","sortOrder":47},{"sectionNumber":"sec.24","sectionType":"section","heading":"Change in licensee’s circumstances","content":"### sec.24 Change in licensee’s circumstances\n\nIt is a condition of each licence that a licensee must, within 14 days of the happening of an event mentioned in subsection (2) (the change ), advise an officer in charge of police of the change and the particulars of the change the officer reasonably requires.\nThe events are—\nany of the following events—\na change of address for the licensee or the licensee’s representative;\na change in the mental or physical fitness of the licensee or the licensee’s representative;\nthe licensee or the licensee’s representative is charged with, or convicted of, a serious offence;\na domestic violence order is made, or a police protection direction is issued, against the licensee or the licensee’s representative;\nthe licensee or the licensee’s representative becomes a disqualified person; or\na change in the licensee’s—\nreason or need for possessing or using a weapon; or\naccess to secure storage facilities for the licensee’s weapon; or\na change in the licensee’s name or the licensee’s representative’s name; or\na change in the place entered in the firearms register as the place where a firearm is generally kept if the licensee is the registered owner of the firearm; or\nif the licensee is a licensed dealer, a change in the licensee’s associates; or\nthe revocation of the licensee’s permission to shoot on a landowner’s rural land; or\nanother event prescribed under a regulation.\nSubject to subsection (3) , the advice must be given in a way prescribed by regulation.\nIf advice of a change in the licensee’s associates is given under subsection (2) (e) , the advice must be given in the approved form and include—\nthe full name, occupation and residential address of each of the licensee’s associates; and\ndetails of the associate’s relevant financial interest, relevant power or relevant position in the licensee’s business.\nThe officer in charge must advise an authorised officer of the change.\nThe authorised officer must—\nif the change is to a particular on the licence and the authorised officer is satisfied of the correctness of the change—endorse the licence with the change; or\notherwise—take the appropriate action in relation to the licence.\nIn this section—\nrepresentative of a licensee means a person who is endorsed—\non the licensee’s licence as the licensee’s representative; or\non a permit to acquire issued to the licensee as the licensee’s representative.\ns 24 sub 1996 No. 41 s 8\namd 1997 No. 48 s 13 ; 2003 No. 5 s 9 ; 2003 No. 37 s 17 ; 2012 No. 40 s 12 ; 2024 No. 45 s 62 ; 2025 No. 18 s 76\n(sec.24-ssec.1) It is a condition of each licence that a licensee must, within 14 days of the happening of an event mentioned in subsection (2) (the change ), advise an officer in charge of police of the change and the particulars of the change the officer reasonably requires.\n(sec.24-ssec.2) The events are— any of the following events— a change of address for the licensee or the licensee’s representative; a change in the mental or physical fitness of the licensee or the licensee’s representative; the licensee or the licensee’s representative is charged with, or convicted of, a serious offence; a domestic violence order is made, or a police protection direction is issued, against the licensee or the licensee’s representative; the licensee or the licensee’s representative becomes a disqualified person; or a change in the licensee’s— reason or need for possessing or using a weapon; or access to secure storage facilities for the licensee’s weapon; or a change in the licensee’s name or the licensee’s representative’s name; or a change in the place entered in the firearms register as the place where a firearm is generally kept if the licensee is the registered owner of the firearm; or if the licensee is a licensed dealer, a change in the licensee’s associates; or the revocation of the licensee’s permission to shoot on a landowner’s rural land; or another event prescribed under a regulation.\n(sec.24-ssec.2A) Subject to subsection (3) , the advice must be given in a way prescribed by regulation.\n(sec.24-ssec.3) If advice of a change in the licensee’s associates is given under subsection (2) (e) , the advice must be given in the approved form and include— the full name, occupation and residential address of each of the licensee’s associates; and details of the associate’s relevant financial interest, relevant power or relevant position in the licensee’s business.\n(sec.24-ssec.4) The officer in charge must advise an authorised officer of the change.\n(sec.24-ssec.5) The authorised officer must— if the change is to a particular on the licence and the authorised officer is satisfied of the correctness of the change—endorse the licence with the change; or otherwise—take the appropriate action in relation to the licence.\n(sec.24-ssec.6) In this section— representative of a licensee means a person who is endorsed— on the licensee’s licence as the licensee’s representative; or on a permit to acquire issued to the licensee as the licensee’s representative.\n- (a) any of the following events— (i) a change of address for the licensee or the licensee’s representative; (ii) a change in the mental or physical fitness of the licensee or the licensee’s representative; (iii) the licensee or the licensee’s representative is charged with, or convicted of, a serious offence; (iv) a domestic violence order is made, or a police protection direction is issued, against the licensee or the licensee’s representative; (v) the licensee or the licensee’s representative becomes a disqualified person; or\n- (i) a change of address for the licensee or the licensee’s representative;\n- (ii) a change in the mental or physical fitness of the licensee or the licensee’s representative;\n- (iii) the licensee or the licensee’s representative is charged with, or convicted of, a serious offence;\n- (iv) a domestic violence order is made, or a police protection direction is issued, against the licensee or the licensee’s representative;\n- (v) the licensee or the licensee’s representative becomes a disqualified person; or\n- (b) a change in the licensee’s— (i) reason or need for possessing or using a weapon; or (ii) access to secure storage facilities for the licensee’s weapon; or\n- (i) reason or need for possessing or using a weapon; or\n- (ii) access to secure storage facilities for the licensee’s weapon; or\n- (c) a change in the licensee’s name or the licensee’s representative’s name; or\n- (d) a change in the place entered in the firearms register as the place where a firearm is generally kept if the licensee is the registered owner of the firearm; or\n- (e) if the licensee is a licensed dealer, a change in the licensee’s associates; or\n- (f) the revocation of the licensee’s permission to shoot on a landowner’s rural land; or\n- (g) another event prescribed under a regulation.\n- (i) a change of address for the licensee or the licensee’s representative;\n- (ii) a change in the mental or physical fitness of the licensee or the licensee’s representative;\n- (iii) the licensee or the licensee’s representative is charged with, or convicted of, a serious offence;\n- (iv) a domestic violence order is made, or a police protection direction is issued, against the licensee or the licensee’s representative;\n- (v) the licensee or the licensee’s representative becomes a disqualified person; or\n- (i) reason or need for possessing or using a weapon; or\n- (ii) access to secure storage facilities for the licensee’s weapon; or\n- (a) the full name, occupation and residential address of each of the licensee’s associates; and\n- (b) details of the associate’s relevant financial interest, relevant power or relevant position in the licensee’s business.\n- (a) if the change is to a particular on the licence and the authorised officer is satisfied of the correctness of the change—endorse the licence with the change; or\n- (b) otherwise—take the appropriate action in relation to the licence.\n- (a) on the licensee’s licence as the licensee’s representative; or\n- (b) on a permit to acquire issued to the licensee as the licensee’s representative.","sortOrder":48},{"sectionNumber":"sec.25","sectionType":"section","heading":"Authorised officer may amend licence conditions","content":"### sec.25 Authorised officer may amend licence conditions\n\nAn authorised officer may amend the conditions of a licence—\non the licensee’s application; or\non the authorised officer’s own initiative.\nBefore making an amendment under subsection (1) (b) , the authorised officer must—\ngive written notice to the licensee—\nof the details of the proposed amendment; and\nthat the licensee may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the licensee; and\nhave regard to submissions made to the authorised officer by the licensee before the stated day.\nIf an authorised officer decides to amend the conditions of a licence, the authorised officer must give written notice of the amendment to the licensee.\nThe amendment takes effect—\non the day the written notice of the amendment is given to the licensee; or\nif a later day is stated in the notice—on the stated day.\nAn authorised officer may refuse to make an amendment under subsection (1) (a) by written notice given to the licensee stating the reasons for the refusal.\nIn this section—\nconditions of a licence means conditions decided by an authorised officer under section 15 (4) (a) .\ns 25 amd 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 8\namd 2003 No. 37 s 18 ; 2007 No. 1 s 32 sch 2\n(sec.25-ssec.1) An authorised officer may amend the conditions of a licence— on the licensee’s application; or on the authorised officer’s own initiative.\n(sec.25-ssec.2) Before making an amendment under subsection (1) (b) , the authorised officer must— give written notice to the licensee— of the details of the proposed amendment; and that the licensee may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the licensee; and have regard to submissions made to the authorised officer by the licensee before the stated day.\n(sec.25-ssec.3) If an authorised officer decides to amend the conditions of a licence, the authorised officer must give written notice of the amendment to the licensee.\n(sec.25-ssec.4) The amendment takes effect— on the day the written notice of the amendment is given to the licensee; or if a later day is stated in the notice—on the stated day.\n(sec.25-ssec.5) An authorised officer may refuse to make an amendment under subsection (1) (a) by written notice given to the licensee stating the reasons for the refusal.\n(sec.25-ssec.6) In this section— conditions of a licence means conditions decided by an authorised officer under section 15 (4) (a) .\n- (a) on the licensee’s application; or\n- (b) on the authorised officer’s own initiative.\n- (a) give written notice to the licensee— (i) of the details of the proposed amendment; and (ii) that the licensee may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the licensee; and\n- (i) of the details of the proposed amendment; and\n- (ii) that the licensee may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the licensee; and\n- (b) have regard to submissions made to the authorised officer by the licensee before the stated day.\n- (i) of the details of the proposed amendment; and\n- (ii) that the licensee may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the licensee; and\n- (a) on the day the written notice of the amendment is given to the licensee; or\n- (b) if a later day is stated in the notice—on the stated day.","sortOrder":49},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Authorised officer may require information about licensed dealer’s associates","content":"### sec.25A Authorised officer may require information about licensed dealer’s associates\n\nAn authorised officer may, by written notice, require a licensed dealer to give a declaration to the authorised officer in the approved form—\nif the dealer did not previously have an associate and now has an associate or the dealer’s associates have changed, advising the name and address of each associate of the dealer and details of the associate’s relevant financial interest, relevant power or relevant position in the dealer’s business; or\nif paragraph (a) does not apply, advising the associates of the dealer have not changed since the dealer—\nmost recently applied for the dealer’s licence or renewal of the licence; or\nadvised an officer, and delivered the licence to the officer, as required under section 24 (1) ; or\ngave a declaration under this section to the authorised officer.\nThe licensed dealer must give the declaration as required under subsection (1) within 7 days after the written notice is given to the dealer, unless the dealer has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA licensed dealer who is required to give a declaration to an authorised officer under subsection (1) and gives a declaration under the subsection with information about—\nthe dealer’s associates; or\ndetails of the dealer’s associates; or\na change in the dealer’s associates;\ncan not be prosecuted for a failure to disclose that information before the authorised officer made that requirement.\nIt is not a reasonable excuse for subsection (2) that giving the declaration as mentioned in the subsection may incriminate the person for an offence for which the person can not be prosecuted under subsection (3) .\ns 25A ins 2003 No. 37 s 19\n(sec.25A-ssec.1) An authorised officer may, by written notice, require a licensed dealer to give a declaration to the authorised officer in the approved form— if the dealer did not previously have an associate and now has an associate or the dealer’s associates have changed, advising the name and address of each associate of the dealer and details of the associate’s relevant financial interest, relevant power or relevant position in the dealer’s business; or if paragraph (a) does not apply, advising the associates of the dealer have not changed since the dealer— most recently applied for the dealer’s licence or renewal of the licence; or advised an officer, and delivered the licence to the officer, as required under section 24 (1) ; or gave a declaration under this section to the authorised officer.\n(sec.25A-ssec.2) The licensed dealer must give the declaration as required under subsection (1) within 7 days after the written notice is given to the dealer, unless the dealer has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.25A-ssec.3) A licensed dealer who is required to give a declaration to an authorised officer under subsection (1) and gives a declaration under the subsection with information about— the dealer’s associates; or details of the dealer’s associates; or a change in the dealer’s associates; can not be prosecuted for a failure to disclose that information before the authorised officer made that requirement.\n(sec.25A-ssec.4) It is not a reasonable excuse for subsection (2) that giving the declaration as mentioned in the subsection may incriminate the person for an offence for which the person can not be prosecuted under subsection (3) .\n- (a) if the dealer did not previously have an associate and now has an associate or the dealer’s associates have changed, advising the name and address of each associate of the dealer and details of the associate’s relevant financial interest, relevant power or relevant position in the dealer’s business; or\n- (b) if paragraph (a) does not apply, advising the associates of the dealer have not changed since the dealer— (i) most recently applied for the dealer’s licence or renewal of the licence; or (ii) advised an officer, and delivered the licence to the officer, as required under section 24 (1) ; or (iii) gave a declaration under this section to the authorised officer.\n- (i) most recently applied for the dealer’s licence or renewal of the licence; or\n- (ii) advised an officer, and delivered the licence to the officer, as required under section 24 (1) ; or\n- (iii) gave a declaration under this section to the authorised officer.\n- (i) most recently applied for the dealer’s licence or renewal of the licence; or\n- (ii) advised an officer, and delivered the licence to the officer, as required under section 24 (1) ; or\n- (iii) gave a declaration under this section to the authorised officer.\n- (a) the dealer’s associates; or\n- (b) details of the dealer’s associates; or\n- (c) a change in the dealer’s associates;","sortOrder":50},{"sectionNumber":"sec.26","sectionType":"section","heading":"Change of approved place","content":"### sec.26 Change of approved place\n\nThis section applies to an approved place endorsed on a licence under section 16 (1) (b) (iii) .\nOn application by the licensee, an authorised officer may change the approved place to another place if the authorised officer is satisfied the other place fulfils the requirements of this Act.\nThe authorised officer may endorse the licence with the change.\ns 26 amd 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 8\n(sec.26-ssec.1) This section applies to an approved place endorsed on a licence under section 16 (1) (b) (iii) .\n(sec.26-ssec.2) On application by the licensee, an authorised officer may change the approved place to another place if the authorised officer is satisfied the other place fulfils the requirements of this Act.\n(sec.26-ssec.3) The authorised officer may endorse the licence with the change.","sortOrder":51},{"sectionNumber":"sec.27","sectionType":"section","heading":"Surrender of licence","content":"### sec.27 Surrender of licence\n\nA licensee may surrender the licence by—\ngiving written notice of surrender; and\nsurrendering the licence.\nThe notice must be given and the licence surrendered to an authorised officer or officer in charge of police.\ns 27 amd 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 8\n(sec.27-ssec.1) A licensee may surrender the licence by— giving written notice of surrender; and surrendering the licence.\n(sec.27-ssec.2) The notice must be given and the licence surrendered to an authorised officer or officer in charge of police.\n- (a) giving written notice of surrender; and\n- (b) surrendering the licence.","sortOrder":52},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Effect of temporary protection order, police protection notice or release conditions on licence","content":"### sec.27A Effect of temporary protection order, police protection notice or release conditions on licence\n\nIf a person is a licensee and is named as the respondent in a temporary protection order, police protection notice or release conditions, the licence is suspended while the order, notice or conditions are in force.\nIf a person is a body’s representative and is named as the respondent in a temporary protection order, police protection notice or release conditions—\nany authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective while the order, notice or conditions are in force; and\nthe body’s licence is suspended 7 days after the licensee is given the order, notice or conditions unless, in that period, another individual is endorsed on the licence as the body’s representative in substitution for the respondent.\nSubsections (1) and (2) (a) take effect—\nif the respondent is present in court when the temporary protection order is made—from the time of the order; or\notherwise—when the respondent is given the order, notice or conditions.\nA suspension under subsection (2) (b) ends on the earlier of the following—\nwhen another individual is endorsed on the licence as the body’s representative in substitution for the respondent;\nthe order, notice or conditions are no longer in force.\nSubsections (1) and (2) (a) stop having effect when the order, notice or conditions are no longer in force.\nIf the licensee of a licence suspended under subsection (1) or (2) (b) holds a permit to acquire, the permit is also suspended while the licence is suspended.\nDespite a suspension under this section, an authorised officer may suspend the licence under section 28 .\ns 27A ins 2002 No. 6 s 47\namd 2007 No. 1 s 32 sch 2 ; 2016 No. 51 s 68\n(sec.27A-ssec.1) If a person is a licensee and is named as the respondent in a temporary protection order, police protection notice or release conditions, the licence is suspended while the order, notice or conditions are in force.\n(sec.27A-ssec.2) If a person is a body’s representative and is named as the respondent in a temporary protection order, police protection notice or release conditions— any authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective while the order, notice or conditions are in force; and the body’s licence is suspended 7 days after the licensee is given the order, notice or conditions unless, in that period, another individual is endorsed on the licence as the body’s representative in substitution for the respondent.\n(sec.27A-ssec.3) Subsections (1) and (2) (a) take effect— if the respondent is present in court when the temporary protection order is made—from the time of the order; or otherwise—when the respondent is given the order, notice or conditions.\n(sec.27A-ssec.4) A suspension under subsection (2) (b) ends on the earlier of the following— when another individual is endorsed on the licence as the body’s representative in substitution for the respondent; the order, notice or conditions are no longer in force.\n(sec.27A-ssec.5) Subsections (1) and (2) (a) stop having effect when the order, notice or conditions are no longer in force.\n(sec.27A-ssec.6) If the licensee of a licence suspended under subsection (1) or (2) (b) holds a permit to acquire, the permit is also suspended while the licence is suspended.\n(sec.27A-ssec.7) Despite a suspension under this section, an authorised officer may suspend the licence under section 28 .\n- (a) any authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective while the order, notice or conditions are in force; and\n- (b) the body’s licence is suspended 7 days after the licensee is given the order, notice or conditions unless, in that period, another individual is endorsed on the licence as the body’s representative in substitution for the respondent.\n- (a) if the respondent is present in court when the temporary protection order is made—from the time of the order; or\n- (b) otherwise—when the respondent is given the order, notice or conditions.\n- (a) when another individual is endorsed on the licence as the body’s representative in substitution for the respondent;\n- (b) the order, notice or conditions are no longer in force.","sortOrder":53},{"sectionNumber":"sec.27B","sectionType":"section","heading":"Notice of intention to revoke because dealer’s associate is not fit and proper","content":"### sec.27B Notice of intention to revoke because dealer’s associate is not fit and proper\n\nThis section applies if an authorised officer is satisfied that an associate of a licensed dealer is not a fit and proper person to be an associate of a licensed dealer.\nSee also sections 10B and 10C .\nBefore revoking the licensed dealer’s licence, the authorised officer must give the dealer a notice stating that the authorised officer—\nis satisfied that a named associate of the dealer is not a fit and proper person to be an associate of a licensed dealer; and\nintends to give the dealer a revocation notice under section 29 unless the dealer discontinues the dealer’s association with the associate within a stated reasonable time.\nIn deciding what is a reasonable time, regard is to be had to the following—\nthe extent of the associate’s relevant financial interest in the dealer’s business;\nany relevant power the associate may exercise in the dealer’s business;\nany relevant position the associate holds in the dealer’s business;\nthe public interest.\ns 27B ins 2003 No. 37 s 20\namd 2024 No. 45 s 63\n(sec.27B-ssec.1) This section applies if an authorised officer is satisfied that an associate of a licensed dealer is not a fit and proper person to be an associate of a licensed dealer. See also sections 10B and 10C .\n(sec.27B-ssec.2) Before revoking the licensed dealer’s licence, the authorised officer must give the dealer a notice stating that the authorised officer— is satisfied that a named associate of the dealer is not a fit and proper person to be an associate of a licensed dealer; and intends to give the dealer a revocation notice under section 29 unless the dealer discontinues the dealer’s association with the associate within a stated reasonable time.\n(sec.27B-ssec.3) In deciding what is a reasonable time, regard is to be had to the following— the extent of the associate’s relevant financial interest in the dealer’s business; any relevant power the associate may exercise in the dealer’s business; any relevant position the associate holds in the dealer’s business; the public interest.\n- (a) is satisfied that a named associate of the dealer is not a fit and proper person to be an associate of a licensed dealer; and\n- (b) intends to give the dealer a revocation notice under section 29 unless the dealer discontinues the dealer’s association with the associate within a stated reasonable time.\n- (a) the extent of the associate’s relevant financial interest in the dealer’s business;\n- (b) any relevant power the associate may exercise in the dealer’s business;\n- (c) any relevant position the associate holds in the dealer’s business;\n- (d) the public interest.","sortOrder":54},{"sectionNumber":"sec.28","sectionType":"section","heading":"Suspension of licence by giving suspension notice","content":"### sec.28 Suspension of licence by giving suspension notice\n\nAn authorised officer may, by a suspension notice given to a licensee, suspend the licence if the authorised officer—\nis satisfied that the licensee—\nhas been charged with a serious offence; or\nis temporarily unable to comply with a condition of the licence; or\nconsiders, on reasonable grounds, that the licensee may no longer be a fit and proper person to hold a licence.\nSee also sections 10B and 10C .\nThe licence is suspended until—\nif subsection (1) (a) (i) applies—\nthe proceeding for the charge ends; or\nthe suspension is lifted by an authorised officer; or\nif subsection (1) (a) (ii) applies—the authorised officer is satisfied the licensee is able to comply with the condition and lifts the suspension; or\nif subsection (1) (b) applies—the earlier of the following days—\nthe day the authorised officer is satisfied the person is a fit and proper person to hold a licence and lifts the suspension;\nthe day 90 days after the licence is suspended.\nIf a licensee whose licence is suspended under this section holds a permit to acquire, the permit is also suspended.\nHowever, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B (1) (f) or 10C (1) (c) , the authorised officer may suspend the licence because the licensee is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves the licence be suspended on that basis.\ns 28 sub 1994 No. 13 s 9 ; 1996 No. 41 s 8\namd 1997 No. 48 s 14 ; 2002 No. 6 s 48 ; 2003 No. 5 s 10 ; 2003 No. 37 s 21 ; 2020 No. 7 s 78 ; 2024 No. 45 s 64 ; 2026 No. 4 s 63\n(sec.28-ssec.1) An authorised officer may, by a suspension notice given to a licensee, suspend the licence if the authorised officer— is satisfied that the licensee— has been charged with a serious offence; or is temporarily unable to comply with a condition of the licence; or considers, on reasonable grounds, that the licensee may no longer be a fit and proper person to hold a licence. See also sections 10B and 10C .\n(sec.28-ssec.2) The licence is suspended until— if subsection (1) (a) (i) applies— the proceeding for the charge ends; or the suspension is lifted by an authorised officer; or if subsection (1) (a) (ii) applies—the authorised officer is satisfied the licensee is able to comply with the condition and lifts the suspension; or if subsection (1) (b) applies—the earlier of the following days— the day the authorised officer is satisfied the person is a fit and proper person to hold a licence and lifts the suspension; the day 90 days after the licence is suspended.\n(sec.28-ssec.3) If a licensee whose licence is suspended under this section holds a permit to acquire, the permit is also suspended.\n(sec.28-ssec.4) However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B (1) (f) or 10C (1) (c) , the authorised officer may suspend the licence because the licensee is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves the licence be suspended on that basis.\n- (a) is satisfied that the licensee— (i) has been charged with a serious offence; or (ii) is temporarily unable to comply with a condition of the licence; or\n- (i) has been charged with a serious offence; or\n- (ii) is temporarily unable to comply with a condition of the licence; or\n- (b) considers, on reasonable grounds, that the licensee may no longer be a fit and proper person to hold a licence. Note— See also sections 10B and 10C .\n- (i) has been charged with a serious offence; or\n- (ii) is temporarily unable to comply with a condition of the licence; or\n- (a) if subsection (1) (a) (i) applies— (i) the proceeding for the charge ends; or (ii) the suspension is lifted by an authorised officer; or\n- (i) the proceeding for the charge ends; or\n- (ii) the suspension is lifted by an authorised officer; or\n- (b) if subsection (1) (a) (ii) applies—the authorised officer is satisfied the licensee is able to comply with the condition and lifts the suspension; or\n- (c) if subsection (1) (b) applies—the earlier of the following days— (i) the day the authorised officer is satisfied the person is a fit and proper person to hold a licence and lifts the suspension; (ii) the day 90 days after the licence is suspended.\n- (i) the day the authorised officer is satisfied the person is a fit and proper person to hold a licence and lifts the suspension;\n- (ii) the day 90 days after the licence is suspended.\n- (i) the proceeding for the charge ends; or\n- (ii) the suspension is lifted by an authorised officer; or\n- (i) the day the authorised officer is satisfied the person is a fit and proper person to hold a licence and lifts the suspension;\n- (ii) the day 90 days after the licence is suspended.","sortOrder":55},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Revocation or suspension of licence and related matters after protection order is made or police protection direction issued","content":"### sec.28A Revocation or suspension of licence and related matters after protection order is made or police protection direction issued\n\nIf a person is a licensee and is named as the respondent in a protection order or police protection direction, the licence is revoked.\nIf a person is a body’s representative and is named as the respondent in a protection order or police protection direction—\nany authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective; and\nthe body’s licence is suspended 7 days after the day the licensee is given the protection order or the direction takes effect unless, in that period, another individual is endorsed on the licence as the body’s representative in substitution for the respondent.\nSubsections (1) and (2) (a) take effect—\nif the respondent is present in court when the protection order is made—on the making of the order; or\nif the respondent is present when a police officer issues and explains the police protection direction—when the police officer issues the direction; or\notherwise—when the respondent is given the protection order or is personally served with the direction.\nA suspension under subsection (2) (b) ends on the earlier of the following—\nwhen another individual is endorsed on the licence as the body’s representative in substitution for the respondent;\nthe protection order or police protection direction is no longer in force.\nIf the licensee of a licence revoked under subsection (1) or suspended under subsection (2) (b) holds a permit to acquire, the permit is revoked or suspended while the licence is revoked or suspended.\nDespite a suspension under subsection (2) (b) , an authorised officer may suspend the licence under section 28 .\ns 28A ins 2002 No. 6 s 49\namd 2025 No. 18 s 77\n(sec.28A-ssec.1) If a person is a licensee and is named as the respondent in a protection order or police protection direction, the licence is revoked.\n(sec.28A-ssec.2) If a person is a body’s representative and is named as the respondent in a protection order or police protection direction— any authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective; and the body’s licence is suspended 7 days after the day the licensee is given the protection order or the direction takes effect unless, in that period, another individual is endorsed on the licence as the body’s representative in substitution for the respondent.\n(sec.28A-ssec.3) Subsections (1) and (2) (a) take effect— if the respondent is present in court when the protection order is made—on the making of the order; or if the respondent is present when a police officer issues and explains the police protection direction—when the police officer issues the direction; or otherwise—when the respondent is given the protection order or is personally served with the direction.\n(sec.28A-ssec.4) A suspension under subsection (2) (b) ends on the earlier of the following— when another individual is endorsed on the licence as the body’s representative in substitution for the respondent; the protection order or police protection direction is no longer in force.\n(sec.28A-ssec.5) If the licensee of a licence revoked under subsection (1) or suspended under subsection (2) (b) holds a permit to acquire, the permit is revoked or suspended while the licence is revoked or suspended.\n(sec.28A-ssec.6) Despite a suspension under subsection (2) (b) , an authorised officer may suspend the licence under section 28 .\n- (a) any authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective; and\n- (b) the body’s licence is suspended 7 days after the day the licensee is given the protection order or the direction takes effect unless, in that period, another individual is endorsed on the licence as the body’s representative in substitution for the respondent.\n- (a) if the respondent is present in court when the protection order is made—on the making of the order; or\n- (b) if the respondent is present when a police officer issues and explains the police protection direction—when the police officer issues the direction; or\n- (c) otherwise—when the respondent is given the protection order or is personally served with the direction.\n- (a) when another individual is endorsed on the licence as the body’s representative in substitution for the respondent;\n- (b) the protection order or police protection direction is no longer in force.","sortOrder":56},{"sectionNumber":"sec.29","sectionType":"section","heading":"Revocation of licence by giving revocation notice","content":"### sec.29 Revocation of licence by giving revocation notice\n\nAn authorised officer may, by a revocation notice given to a licensee, revoke the licensee’s licence if the authorised officer is satisfied of any of the following things—\nthe licence has been obtained through fraud or deception;\nthe licensee has been convicted of an offence against any law in force in Queensland or elsewhere involving the use, carriage, discharge or possession of a weapon;\nthe licensee has contravened a condition, participation condition or special condition of the licence;\nthe licensee is no longer a fit and proper person to hold a licence;\nSee sections 10B and 10C .\nthe licensee no longer has a reason mentioned in section 11 to possess a weapon;\nfor an armourer’s licence, dealer’s licence or theatrical ordnance supplier’s licence—\nthe licensed armourer, licensed dealer or licensed theatrical ordnance supplier is not in charge of the premises stated in the licence; or\nthe premises stated in the licence are no longer satisfactory for carrying out the business;\nfor a collector’s licence—\nthe licensed collector is no longer a genuine collector or is not in charge of the premises where the collector’s weapons are usually kept; or\nthe premises where the collection is usually kept are no longer satisfactory for the safekeeping of weapons.\nAlso, if a licensee reports or states to a police officer that a weapon or 1 or more weapons of which the licensee is the registered owner were lost or stolen, an authorised officer may, by a revocation notice given to the licensee, revoke the licensee’s licence if—\nthe licensee fails to satisfy the authorised officer that the licensee took reasonable precautions to prevent the loss or theft; or\nthe authorised officer reasonably believes that the licensee has unlawfully disposed of the weapon.\nIf the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B (1) (f) or 10C (1) (c) , the authorised officer may revoke the licence because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves the licence be revoked on that basis.\nIf a licensee whose licence is revoked under this section holds a permit to acquire, the permit is also revoked.\nThis section does not prevent an authorised officer reinstating a licence that is revoked by the authorised officer because of a mistake of fact.\nJ was charged with an offence and although no conviction was recorded for the offence, police records indicated a conviction had been recorded.\nA was required to be a member of a pistol club but the club failed to tell the commissioner that A had joined the club before the revocation happened.\nA licence reinstated under subsection (5) is taken not to have been revoked.\nThe licence may be reinstated by—\nreturning the licence; or\nissuing a fresh licence.\nThe authorised officer must also ensure any entry made in the firearms register because of the revocation is corrected.\ns 29 sub 1996 No. 41 s 8\namd 1997 No. 48 s 15 ; 1998 No. 19 s 30 ; 2002 No. 6 s 50 ; 2003 No. 5 s 11 ; 2003 No. 37 s 22 ; 2024 No. 45 s 65 ; 2026 No. 4 s 64 (2)\n(sec.29-ssec.1) An authorised officer may, by a revocation notice given to a licensee, revoke the licensee’s licence if the authorised officer is satisfied of any of the following things— the licence has been obtained through fraud or deception; the licensee has been convicted of an offence against any law in force in Queensland or elsewhere involving the use, carriage, discharge or possession of a weapon; the licensee has contravened a condition, participation condition or special condition of the licence; the licensee is no longer a fit and proper person to hold a licence; See sections 10B and 10C . the licensee no longer has a reason mentioned in section 11 to possess a weapon; for an armourer’s licence, dealer’s licence or theatrical ordnance supplier’s licence— the licensed armourer, licensed dealer or licensed theatrical ordnance supplier is not in charge of the premises stated in the licence; or the premises stated in the licence are no longer satisfactory for carrying out the business; for a collector’s licence— the licensed collector is no longer a genuine collector or is not in charge of the premises where the collector’s weapons are usually kept; or the premises where the collection is usually kept are no longer satisfactory for the safekeeping of weapons.\n(sec.29-ssec.2) Also, if a licensee reports or states to a police officer that a weapon or 1 or more weapons of which the licensee is the registered owner were lost or stolen, an authorised officer may, by a revocation notice given to the licensee, revoke the licensee’s licence if— the licensee fails to satisfy the authorised officer that the licensee took reasonable precautions to prevent the loss or theft; or the authorised officer reasonably believes that the licensee has unlawfully disposed of the weapon.\n(sec.29-ssec.3) If the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B (1) (f) or 10C (1) (c) , the authorised officer may revoke the licence because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves the licence be revoked on that basis.\n(sec.29-ssec.4) If a licensee whose licence is revoked under this section holds a permit to acquire, the permit is also revoked.\n(sec.29-ssec.5) This section does not prevent an authorised officer reinstating a licence that is revoked by the authorised officer because of a mistake of fact. J was charged with an offence and although no conviction was recorded for the offence, police records indicated a conviction had been recorded. A was required to be a member of a pistol club but the club failed to tell the commissioner that A had joined the club before the revocation happened.\n(sec.29-ssec.6) A licence reinstated under subsection (5) is taken not to have been revoked.\n(sec.29-ssec.7) The licence may be reinstated by— returning the licence; or issuing a fresh licence.\n(sec.29-ssec.8) The authorised officer must also ensure any entry made in the firearms register because of the revocation is corrected.\n- (a) the licence has been obtained through fraud or deception;\n- (b) the licensee has been convicted of an offence against any law in force in Queensland or elsewhere involving the use, carriage, discharge or possession of a weapon;\n- (c) the licensee has contravened a condition, participation condition or special condition of the licence;\n- (d) the licensee is no longer a fit and proper person to hold a licence; Note— See sections 10B and 10C .\n- (e) the licensee no longer has a reason mentioned in section 11 to possess a weapon;\n- (f) for an armourer’s licence, dealer’s licence or theatrical ordnance supplier’s licence— (i) the licensed armourer, licensed dealer or licensed theatrical ordnance supplier is not in charge of the premises stated in the licence; or (ii) the premises stated in the licence are no longer satisfactory for carrying out the business;\n- (i) the licensed armourer, licensed dealer or licensed theatrical ordnance supplier is not in charge of the premises stated in the licence; or\n- (ii) the premises stated in the licence are no longer satisfactory for carrying out the business;\n- (g) for a collector’s licence— (i) the licensed collector is no longer a genuine collector or is not in charge of the premises where the collector’s weapons are usually kept; or (ii) the premises where the collection is usually kept are no longer satisfactory for the safekeeping of weapons.\n- (i) the licensed collector is no longer a genuine collector or is not in charge of the premises where the collector’s weapons are usually kept; or\n- (ii) the premises where the collection is usually kept are no longer satisfactory for the safekeeping of weapons.\n- (i) the licensed armourer, licensed dealer or licensed theatrical ordnance supplier is not in charge of the premises stated in the licence; or\n- (ii) the premises stated in the licence are no longer satisfactory for carrying out the business;\n- (i) the licensed collector is no longer a genuine collector or is not in charge of the premises where the collector’s weapons are usually kept; or\n- (ii) the premises where the collection is usually kept are no longer satisfactory for the safekeeping of weapons.\n- (a) the licensee fails to satisfy the authorised officer that the licensee took reasonable precautions to prevent the loss or theft; or\n- (b) the authorised officer reasonably believes that the licensee has unlawfully disposed of the weapon.\n- 1 J was charged with an offence and although no conviction was recorded for the offence, police records indicated a conviction had been recorded.\n- 2 A was required to be a member of a pistol club but the club failed to tell the commissioner that A had joined the club before the revocation happened.\n- (a) returning the licence; or\n- (b) issuing a fresh licence.","sortOrder":57},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Action by court if respondent has access to weapons through employment","content":"### sec.29A Action by court if respondent has access to weapons through employment\n\nThis section applies if—\na person is the respondent in a domestic violence order, police protection direction, police protection notice or release conditions; and\nunder section 27A or 28A , the respondent’s licence is suspended or revoked, or the respondent is a representative of a body and the authority to possess a weapon as the body’s representative is ineffective; and\nan authorised officer reasonably considers the respondent has access to a weapon as part of the respondent’s employment.\nThe authorised officer must—\nconsider the circumstances of the employment; and\nconsider the respondent’s access to the weapon; and\nconsider the employment arrangements and whether there is an effective individual within the employing entity to whom to give a copy of the order, direction, notice or conditions to ensure the respondent does not possess a weapon as part of the respondent’s employment; and\nif the authorised officer considers there is an effective individual within the employing entity—give a copy of the order, direction, notice or conditions to the effective individual.\nThe effective individual may disclose information about the order, direction, notice or conditions to another person within the employing entity to the extent necessary to ensure the respondent does not possess a weapon as part of the respondent’s employment.\nHowever, the effective individual must not disclose information about the order, direction, notice or conditions to anyone else, other than as permitted under subsection (3) or expressly permitted by a court or magistrate under the Domestic and Family Violence Protection Act 2012 , section 159 .\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nIn this section—\neffective individual within the employing entity , relating to a respondent, means any 1 of the following who is in a position to ensure the respondent does not possess weapons as part of the respondent’s employment—\nthe employer if the employer is an individual;\nanother partner in a partnership in which the respondent is a partner;\nan individual within the entity that employs the respondent.\nemployment , of a respondent, includes employment by a partnership in which the respondent is a partner.\ns 29A ins 2002 No. 6 s 51\namd 2012 No. 5 s 230 sch 1 pt 2 ; 2016 No. 51 s 69 ; 2025 No. 18 s 78\n(sec.29A-ssec.1) This section applies if— a person is the respondent in a domestic violence order, police protection direction, police protection notice or release conditions; and under section 27A or 28A , the respondent’s licence is suspended or revoked, or the respondent is a representative of a body and the authority to possess a weapon as the body’s representative is ineffective; and an authorised officer reasonably considers the respondent has access to a weapon as part of the respondent’s employment.\n(sec.29A-ssec.2) The authorised officer must— consider the circumstances of the employment; and consider the respondent’s access to the weapon; and consider the employment arrangements and whether there is an effective individual within the employing entity to whom to give a copy of the order, direction, notice or conditions to ensure the respondent does not possess a weapon as part of the respondent’s employment; and if the authorised officer considers there is an effective individual within the employing entity—give a copy of the order, direction, notice or conditions to the effective individual.\n(sec.29A-ssec.3) The effective individual may disclose information about the order, direction, notice or conditions to another person within the employing entity to the extent necessary to ensure the respondent does not possess a weapon as part of the respondent’s employment.\n(sec.29A-ssec.4) However, the effective individual must not disclose information about the order, direction, notice or conditions to anyone else, other than as permitted under subsection (3) or expressly permitted by a court or magistrate under the Domestic and Family Violence Protection Act 2012 , section 159 . Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.29A-ssec.5) In this section— effective individual within the employing entity , relating to a respondent, means any 1 of the following who is in a position to ensure the respondent does not possess weapons as part of the respondent’s employment— the employer if the employer is an individual; another partner in a partnership in which the respondent is a partner; an individual within the entity that employs the respondent. employment , of a respondent, includes employment by a partnership in which the respondent is a partner.\n- (a) a person is the respondent in a domestic violence order, police protection direction, police protection notice or release conditions; and\n- (b) under section 27A or 28A , the respondent’s licence is suspended or revoked, or the respondent is a representative of a body and the authority to possess a weapon as the body’s representative is ineffective; and\n- (c) an authorised officer reasonably considers the respondent has access to a weapon as part of the respondent’s employment.\n- (a) consider the circumstances of the employment; and\n- (b) consider the respondent’s access to the weapon; and\n- (c) consider the employment arrangements and whether there is an effective individual within the employing entity to whom to give a copy of the order, direction, notice or conditions to ensure the respondent does not possess a weapon as part of the respondent’s employment; and\n- (d) if the authorised officer considers there is an effective individual within the employing entity—give a copy of the order, direction, notice or conditions to the effective individual.\n- (a) the employer if the employer is an individual;\n- (b) another partner in a partnership in which the respondent is a partner;\n- (c) an individual within the entity that employs the respondent.","sortOrder":58},{"sectionNumber":"sec.29B","sectionType":"section","heading":"Arrangements for surrender of suspended or revoked licences and weapons","content":"### sec.29B Arrangements for surrender of suspended or revoked licences and weapons\n\nThis section applies to a person whose licence is suspended under section 27A or revoked under section 28A , because the person is named as the respondent in a domestic violence order, police protection direction, police protection notice or release conditions.\nSubsection (3) applies—\nif the respondent is present—\nin court when the court makes the order; or\nwhen a police officer issues and explains the direction or notice; or\nwhen a police officer gives the order, direction or notice to the respondent at a place other than the respondent’s place of residence; or\nwhen a police officer gives the conditions to the respondent.\nThe respondent must immediately do the following—\nif the respondent’s licence is in the respondent’s possession—give the licence to a police officer;\nif the respondent’s licence is not in the respondent’s possession—arrange with a police officer to give the licence to a police officer no later than 1 day after—\nfor subsection (2) (a) —the order is made, the direction takes effect or the notice is issued;\notherwise—the order, direction, notice or conditions are given to the respondent;\narrange with a police officer to give to a police officer any weapon the respondent possesses, or to otherwise surrender the weapon, as soon as practicable, but no later than 1 day, after—\nfor subsection (2) (a) —the order is made, the direction takes effect or the notice is issued;\notherwise—the order, direction, notice or conditions are given to the respondent.\nMaximum penalty—10 penalty units.\nIf a police officer personally serves the order, direction or notice on the respondent at the respondent’s place of residence, the respondent must immediately give the weapons licence and any weapon in the respondent’s possession to the police officer unless the respondent has a reasonable excuse for not doing so.\nMaximum penalty—10 penalty units.\nAlso, a respondent must immediately give the weapons licence or any weapon in the respondent’s possession to a police officer (the surrender officer ) if—\na police officer made arrangements under subsection (3) with the respondent about the weapons licence or any weapon in the respondent’s possession; and\nthe surrender officer believes the respondent has not complied with the arrangements; and\nthe surrender officer asks the respondent to give the officer the weapons licence or any weapon in the respondent’s possession.\nMaximum penalty—10 penalty units.\nIf a weapon is given to a police officer under this section and, within 3 months of the weapon being given to the police officer, the respondent wants to otherwise surrender it, the respondent may make arrangements with a police officer for a licensed dealer or licensed armourer, in company with the respondent, to collect the weapon.\nThe Police Powers and Responsibilities Act 2000 also provides for the role of police officers, and for offences by respondents, after a domestic violence order, police protection direction, police protection notice or release conditions are made.\nIn this section—\nmade includes issued or imposed.\notherwise surrender , for a weapon, means the respondent deals with the weapon in the following way—\nthe respondent consigns the weapon to a licensed dealer or licensed armourer—\nfor sale; or\nfor storage for a period that does not end before the period of the domestic violence order or police protection direction;\nthe respondent obtains a copy of the transaction notification for the weapon’s consignment from the licensed dealer or licensed armourer and, if the weapon is consigned for storage, the transaction notification states the respondent acknowledges the cost of the storage is the responsibility of the respondent;\nthe respondent gives the copy of the transaction notification to a police officer—\nimmediately; or\nwithin the time allowed under this section for giving the weapon to a police officer.\ns 29B ins 2002 No. 6 s 51\namd 2003 No. 37 s 22A ; 2016 No. 51 s 70 ; 2024 No. 45 s 66 ; 2025 No. 18 s 79\n(sec.29B-ssec.1) This section applies to a person whose licence is suspended under section 27A or revoked under section 28A , because the person is named as the respondent in a domestic violence order, police protection direction, police protection notice or release conditions.\n(sec.29B-ssec.2) Subsection (3) applies— if the respondent is present— in court when the court makes the order; or when a police officer issues and explains the direction or notice; or when a police officer gives the order, direction or notice to the respondent at a place other than the respondent’s place of residence; or when a police officer gives the conditions to the respondent.\n(sec.29B-ssec.3) The respondent must immediately do the following— if the respondent’s licence is in the respondent’s possession—give the licence to a police officer; if the respondent’s licence is not in the respondent’s possession—arrange with a police officer to give the licence to a police officer no later than 1 day after— for subsection (2) (a) —the order is made, the direction takes effect or the notice is issued; otherwise—the order, direction, notice or conditions are given to the respondent; arrange with a police officer to give to a police officer any weapon the respondent possesses, or to otherwise surrender the weapon, as soon as practicable, but no later than 1 day, after— for subsection (2) (a) —the order is made, the direction takes effect or the notice is issued; otherwise—the order, direction, notice or conditions are given to the respondent. Maximum penalty—10 penalty units.\n(sec.29B-ssec.4) If a police officer personally serves the order, direction or notice on the respondent at the respondent’s place of residence, the respondent must immediately give the weapons licence and any weapon in the respondent’s possession to the police officer unless the respondent has a reasonable excuse for not doing so. Maximum penalty—10 penalty units.\n(sec.29B-ssec.5) Also, a respondent must immediately give the weapons licence or any weapon in the respondent’s possession to a police officer (the surrender officer ) if— a police officer made arrangements under subsection (3) with the respondent about the weapons licence or any weapon in the respondent’s possession; and the surrender officer believes the respondent has not complied with the arrangements; and the surrender officer asks the respondent to give the officer the weapons licence or any weapon in the respondent’s possession. Maximum penalty—10 penalty units.\n(sec.29B-ssec.6) If a weapon is given to a police officer under this section and, within 3 months of the weapon being given to the police officer, the respondent wants to otherwise surrender it, the respondent may make arrangements with a police officer for a licensed dealer or licensed armourer, in company with the respondent, to collect the weapon.\n(sec.29B-ssec.7) The Police Powers and Responsibilities Act 2000 also provides for the role of police officers, and for offences by respondents, after a domestic violence order, police protection direction, police protection notice or release conditions are made.\n(sec.29B-ssec.8) In this section— made includes issued or imposed. otherwise surrender , for a weapon, means the respondent deals with the weapon in the following way— the respondent consigns the weapon to a licensed dealer or licensed armourer— for sale; or for storage for a period that does not end before the period of the domestic violence order or police protection direction; the respondent obtains a copy of the transaction notification for the weapon’s consignment from the licensed dealer or licensed armourer and, if the weapon is consigned for storage, the transaction notification states the respondent acknowledges the cost of the storage is the responsibility of the respondent; the respondent gives the copy of the transaction notification to a police officer— immediately; or within the time allowed under this section for giving the weapon to a police officer.\n- (a) if the respondent is present— (i) in court when the court makes the order; or (ii) when a police officer issues and explains the direction or notice; or\n- (i) in court when the court makes the order; or\n- (ii) when a police officer issues and explains the direction or notice; or\n- (b) when a police officer gives the order, direction or notice to the respondent at a place other than the respondent’s place of residence; or\n- (c) when a police officer gives the conditions to the respondent.\n- (i) in court when the court makes the order; or\n- (ii) when a police officer issues and explains the direction or notice; or\n- (a) if the respondent’s licence is in the respondent’s possession—give the licence to a police officer;\n- (b) if the respondent’s licence is not in the respondent’s possession—arrange with a police officer to give the licence to a police officer no later than 1 day after— (i) for subsection (2) (a) —the order is made, the direction takes effect or the notice is issued; (ii) otherwise—the order, direction, notice or conditions are given to the respondent;\n- (i) for subsection (2) (a) —the order is made, the direction takes effect or the notice is issued;\n- (ii) otherwise—the order, direction, notice or conditions are given to the respondent;\n- (c) arrange with a police officer to give to a police officer any weapon the respondent possesses, or to otherwise surrender the weapon, as soon as practicable, but no later than 1 day, after— (i) for subsection (2) (a) —the order is made, the direction takes effect or the notice is issued; (ii) otherwise—the order, direction, notice or conditions are given to the respondent.\n- (i) for subsection (2) (a) —the order is made, the direction takes effect or the notice is issued;\n- (ii) otherwise—the order, direction, notice or conditions are given to the respondent.\n- (i) for subsection (2) (a) —the order is made, the direction takes effect or the notice is issued;\n- (ii) otherwise—the order, direction, notice or conditions are given to the respondent;\n- (i) for subsection (2) (a) —the order is made, the direction takes effect or the notice is issued;\n- (ii) otherwise—the order, direction, notice or conditions are given to the respondent.\n- (a) a police officer made arrangements under subsection (3) with the respondent about the weapons licence or any weapon in the respondent’s possession; and\n- (b) the surrender officer believes the respondent has not complied with the arrangements; and\n- (c) the surrender officer asks the respondent to give the officer the weapons licence or any weapon in the respondent’s possession.\n- (a) the respondent consigns the weapon to a licensed dealer or licensed armourer— (i) for sale; or (ii) for storage for a period that does not end before the period of the domestic violence order or police protection direction;\n- (i) for sale; or\n- (ii) for storage for a period that does not end before the period of the domestic violence order or police protection direction;\n- (b) the respondent obtains a copy of the transaction notification for the weapon’s consignment from the licensed dealer or licensed armourer and, if the weapon is consigned for storage, the transaction notification states the respondent acknowledges the cost of the storage is the responsibility of the respondent;\n- (c) the respondent gives the copy of the transaction notification to a police officer— (i) immediately; or (ii) within the time allowed under this section for giving the weapon to a police officer.\n- (i) immediately; or\n- (ii) within the time allowed under this section for giving the weapon to a police officer.\n- (i) for sale; or\n- (ii) for storage for a period that does not end before the period of the domestic violence order or police protection direction;\n- (i) immediately; or\n- (ii) within the time allowed under this section for giving the weapon to a police officer.","sortOrder":59},{"sectionNumber":"sec.30","sectionType":"section","heading":"Suspension or revocation notice","content":"### sec.30 Suspension or revocation notice\n\nA suspension or revocation notice must—\nbe in the approved form; and\nstate the specific reasons for the suspension or revocation of the licence; and\ndirect the licensee to surrender—\nthe licence and any relevant permit to acquire to a stated police officer at a stated reasonable time and place; and\nthe weapon held by the licensee under the licence in a way prescribed under subsection (4) or (5) at, or by, a stated reasonable time.\nIf a reason an authorised officer suspends or revokes a licence is criminal intelligence or other information that is not publicly available, it is enough that the notice states the specific reason as ‘confidential information’.\nA suspension or revocation notice may have effect immediately only if it, or a copy of it, is given personally to the licensee or a person endorsed on the licence as representing the licensee.\nA person who is given a suspension or revocation notice must comply with the directions in the notice.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA weapon to be surrendered under a suspension or revocation notice may be surrendered by delivering it to any police officer.\nA weapon may also be surrendered by—\ndelivering it to a licensed dealer or other person authorised under this Act to possess the weapon; and\nobtaining from the person to whom the weapon is delivered a receipt in the approved form for the weapon; and\ngiving the receipt, within the time stated in the notice for the surrender of the weapon, to the police officer mentioned in subsection (1) (c) (i) .\nAn authorised officer may extend the time for compliance with a suspension or revocation notice (the compliance time ) if the person to whom the notice is given applies to the authorised officer for an extension before the end of the compliance time.\ns 30 ins 1996 No. 41 s 8\namd 2003 No. 37 s 23 ; 2013 No. 64 s 224 ; 2016 No. 62 s 478\n(sec.30-ssec.1) A suspension or revocation notice must— be in the approved form; and state the specific reasons for the suspension or revocation of the licence; and direct the licensee to surrender— the licence and any relevant permit to acquire to a stated police officer at a stated reasonable time and place; and the weapon held by the licensee under the licence in a way prescribed under subsection (4) or (5) at, or by, a stated reasonable time.\n(sec.30-ssec.1A) If a reason an authorised officer suspends or revokes a licence is criminal intelligence or other information that is not publicly available, it is enough that the notice states the specific reason as ‘confidential information’.\n(sec.30-ssec.2) A suspension or revocation notice may have effect immediately only if it, or a copy of it, is given personally to the licensee or a person endorsed on the licence as representing the licensee.\n(sec.30-ssec.3) A person who is given a suspension or revocation notice must comply with the directions in the notice. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.30-ssec.4) A weapon to be surrendered under a suspension or revocation notice may be surrendered by delivering it to any police officer.\n(sec.30-ssec.5) A weapon may also be surrendered by— delivering it to a licensed dealer or other person authorised under this Act to possess the weapon; and obtaining from the person to whom the weapon is delivered a receipt in the approved form for the weapon; and giving the receipt, within the time stated in the notice for the surrender of the weapon, to the police officer mentioned in subsection (1) (c) (i) .\n(sec.30-ssec.6) An authorised officer may extend the time for compliance with a suspension or revocation notice (the compliance time ) if the person to whom the notice is given applies to the authorised officer for an extension before the end of the compliance time.\n- (a) be in the approved form; and\n- (b) state the specific reasons for the suspension or revocation of the licence; and\n- (c) direct the licensee to surrender— (i) the licence and any relevant permit to acquire to a stated police officer at a stated reasonable time and place; and (ii) the weapon held by the licensee under the licence in a way prescribed under subsection (4) or (5) at, or by, a stated reasonable time.\n- (i) the licence and any relevant permit to acquire to a stated police officer at a stated reasonable time and place; and\n- (ii) the weapon held by the licensee under the licence in a way prescribed under subsection (4) or (5) at, or by, a stated reasonable time.\n- (i) the licence and any relevant permit to acquire to a stated police officer at a stated reasonable time and place; and\n- (ii) the weapon held by the licensee under the licence in a way prescribed under subsection (4) or (5) at, or by, a stated reasonable time.\n- (a) delivering it to a licensed dealer or other person authorised under this Act to possess the weapon; and\n- (b) obtaining from the person to whom the weapon is delivered a receipt in the approved form for the weapon; and\n- (c) giving the receipt, within the time stated in the notice for the surrender of the weapon, to the police officer mentioned in subsection (1) (c) (i) .","sortOrder":60},{"sectionNumber":"sec.31","sectionType":"section","heading":"Licensee’s representative","content":"### sec.31 Licensee’s representative\n\nThis section applies to—\na licensee who holds a licence to enable the licensee to carry on business; and\nan applicant for a licence to enable the applicant to carry on business.\nThe licensee or applicant may apply for the licence to be endorsed with the name of a fit and proper individual as the licensee’s or applicant’s representative in the conduct of its business or affairs at the place stated in the application.\nA licensee may apply for the licence to be endorsed with the name of a fit and proper individual instead of another person already endorsed as the licensee’s representative under this or another section.\nAn application under subsection (2) or (3) must be made in the approved form in the way prescribed under a regulation.\nIn this section—\nfit and proper individual means an individual who, if the person applied for a licence, would be a fit and proper person under section 10B .\ns 31 ins 1996 No. 41 s 8\namd 2003 No. 5 s 12\n(sec.31-ssec.1) This section applies to— a licensee who holds a licence to enable the licensee to carry on business; and an applicant for a licence to enable the applicant to carry on business.\n(sec.31-ssec.2) The licensee or applicant may apply for the licence to be endorsed with the name of a fit and proper individual as the licensee’s or applicant’s representative in the conduct of its business or affairs at the place stated in the application.\n(sec.31-ssec.3) A licensee may apply for the licence to be endorsed with the name of a fit and proper individual instead of another person already endorsed as the licensee’s representative under this or another section.\n(sec.31-ssec.4) An application under subsection (2) or (3) must be made in the approved form in the way prescribed under a regulation.\n(sec.31-ssec.5) In this section— fit and proper individual means an individual who, if the person applied for a licence, would be a fit and proper person under section 10B .\n- (a) a licensee who holds a licence to enable the licensee to carry on business; and\n- (b) an applicant for a licence to enable the applicant to carry on business.","sortOrder":61},{"sectionNumber":"sec.32","sectionType":"section","heading":"Temporary recognition of interstate licences for particular purposes","content":"### sec.32 Temporary recognition of interstate licences for particular purposes\n\nThis section applies if a person who holds a licence, permit or authority issued under the law of another State entitling the person to possession of a weapon visits Queensland—\nto participate in a shooting competition conducted by an approved shooting club or approved by the commissioner; or\nfor another purpose specified under a regulation for this section.\nThe person’s licence, permit or authority is taken to authorise possession and use of the weapon in accordance with this Act—\nfor the purpose of participating in the competition; or\nfor the other purpose specified under the regulation—if the person complies with any conditions specified in the regulation for the purpose.\ns 32 ins 1996 No. 41 s 8\namd 1997 No. 48 s 16 ; 2024 No. 45 s 67\n(sec.32-ssec.1) This section applies if a person who holds a licence, permit or authority issued under the law of another State entitling the person to possession of a weapon visits Queensland— to participate in a shooting competition conducted by an approved shooting club or approved by the commissioner; or for another purpose specified under a regulation for this section.\n(sec.32-ssec.2) The person’s licence, permit or authority is taken to authorise possession and use of the weapon in accordance with this Act— for the purpose of participating in the competition; or for the other purpose specified under the regulation—if the person complies with any conditions specified in the regulation for the purpose.\n- (a) to participate in a shooting competition conducted by an approved shooting club or approved by the commissioner; or\n- (b) for another purpose specified under a regulation for this section.\n- (a) for the purpose of participating in the competition; or\n- (b) for the other purpose specified under the regulation—if the person complies with any conditions specified in the regulation for the purpose.","sortOrder":62},{"sectionNumber":"sec.33","sectionType":"section","heading":"Interstate residents moving to Queensland","content":"### sec.33 Interstate residents moving to Queensland\n\nThis section applies if a resident of another State who is the holder of a licence under the law of the other State authorising possession of a category A, B, C, D or H weapon or a category M crossbow gives written notice to the commissioner of the person’s intention to reside permanently in Queensland.\nThe person’s licence is taken to be the corresponding licence under this Act in force for the period mentioned in subsection (3) or until the day the person’s application for a licence under this Act is approved or rejected, whichever is the earlier.\nThe period is—\nfor a licence authorising possession of a category A or B weapon or a category M crossbow—3 months; and\nfor a licence authorising possession of a category C, D or H weapon—7 days.\nThe period mentioned in subsection (3) starts on the day the person notifies the commissioner of the person’s intention to reside permanently in Queensland.\nIf the holder of a licence authorising possession of a category C, D or H weapon notifies the commissioner and makes application for a licence under this Act within the time allowed under subsection (3) (b) , the person does not contravene section 50 while the person’s application is being decided merely because the 7 day period has passed.\nIn this section—\ncorresponding licence , to a licence held under the law of another State, means—\na licence under this Act declared under a regulation to be a corresponding licence; or\nif no regulation is made under paragraph (a) or the regulation makes insufficient provision—a licence under this Act that most closely corresponds to the other licence.\ns 33 ins 1996 No. 41 s 8\namd 2003 No. 92 s 67 ; 2005 No. 17 s 38\n(sec.33-ssec.1) This section applies if a resident of another State who is the holder of a licence under the law of the other State authorising possession of a category A, B, C, D or H weapon or a category M crossbow gives written notice to the commissioner of the person’s intention to reside permanently in Queensland.\n(sec.33-ssec.2) The person’s licence is taken to be the corresponding licence under this Act in force for the period mentioned in subsection (3) or until the day the person’s application for a licence under this Act is approved or rejected, whichever is the earlier.\n(sec.33-ssec.3) The period is— for a licence authorising possession of a category A or B weapon or a category M crossbow—3 months; and for a licence authorising possession of a category C, D or H weapon—7 days.\n(sec.33-ssec.4) The period mentioned in subsection (3) starts on the day the person notifies the commissioner of the person’s intention to reside permanently in Queensland.\n(sec.33-ssec.5) If the holder of a licence authorising possession of a category C, D or H weapon notifies the commissioner and makes application for a licence under this Act within the time allowed under subsection (3) (b) , the person does not contravene section 50 while the person’s application is being decided merely because the 7 day period has passed.\n(sec.33-ssec.6) In this section— corresponding licence , to a licence held under the law of another State, means— a licence under this Act declared under a regulation to be a corresponding licence; or if no regulation is made under paragraph (a) or the regulation makes insufficient provision—a licence under this Act that most closely corresponds to the other licence.\n- (a) for a licence authorising possession of a category A or B weapon or a category M crossbow—3 months; and\n- (b) for a licence authorising possession of a category C, D or H weapon—7 days.\n- (a) a licence under this Act declared under a regulation to be a corresponding licence; or\n- (b) if no regulation is made under paragraph (a) or the regulation makes insufficient provision—a licence under this Act that most closely corresponds to the other licence.","sortOrder":63},{"sectionNumber":"sec.34","sectionType":"section","heading":"Contravention of licence condition","content":"### sec.34 Contravention of licence condition\n\nA licensee must not contravene a condition of the licence.\nMaximum penalty—60 penalty units or 1 year’s imprisonment.\nThe penalty under subsection (1) may be imposed in addition to revocation of a licence or seizure of a weapon because of the contravention.\ns 34 ins 1996 No. 41 s 8\n(sec.34-ssec.1) A licensee must not contravene a condition of the licence. Maximum penalty—60 penalty units or 1 year’s imprisonment.\n(sec.34-ssec.2) The penalty under subsection (1) may be imposed in addition to revocation of a licence or seizure of a weapon because of the contravention.","sortOrder":64},{"sectionNumber":"sec.34AA","sectionType":"section","heading":"Effect of discharging domestic violence order or revoking or setting aside police protection direction","content":"### sec.34AA Effect of discharging domestic violence order or revoking or setting aside police protection direction\n\nThis section applies if—\na domestic violence order is made against a person as the respondent; and\nthe person appeals against the decision to make the domestic violence order under the Domestic and Family Violence Protection Act 2012 , section 164 ; and\nthe domestic violence order is discharged under the Domestic and Family Violence Protection Act 2012 , section 169 .\nThis section also applies if—\na person is named as the respondent in a police protection direction; and\nthe direction is—\nrevoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or\nset aside under section 100ZD of that Act.\nFor this Act, the domestic violence order or police protection direction is taken not to have been made or issued.\ns 34AA ins 2002 No. 6 s 52\namd 2012 No. 5 s 230 sch 1 pt 2 ; 2025 No 18 s 80\n(sec.34AA-ssec.1) This section applies if— a domestic violence order is made against a person as the respondent; and the person appeals against the decision to make the domestic violence order under the Domestic and Family Violence Protection Act 2012 , section 164 ; and the domestic violence order is discharged under the Domestic and Family Violence Protection Act 2012 , section 169 .\n(sec.34AA-ssec.2) This section also applies if— a person is named as the respondent in a police protection direction; and the direction is— revoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or set aside under section 100ZD of that Act.\n(sec.34AA-ssec.3) For this Act, the domestic violence order or police protection direction is taken not to have been made or issued.\n- (a) a domestic violence order is made against a person as the respondent; and\n- (b) the person appeals against the decision to make the domestic violence order under the Domestic and Family Violence Protection Act 2012 , section 164 ; and\n- (c) the domestic violence order is discharged under the Domestic and Family Violence Protection Act 2012 , section 169 .\n- (a) a person is named as the respondent in a police protection direction; and\n- (b) the direction is— (i) revoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or (ii) set aside under section 100ZD of that Act.\n- (i) revoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or\n- (ii) set aside under section 100ZD of that Act.\n- (i) revoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or\n- (ii) set aside under section 100ZD of that Act.","sortOrder":65},{"sectionNumber":"pt.3","sectionType":"part","heading":"Acquisition, sale and disposal of weapons","content":"# Acquisition, sale and disposal of weapons","sortOrder":66},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":67},{"sectionNumber":"sec.34A","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.34A Definitions for pt 3\n\nIn this part—\nfirearm does not include a barrel, breechbolt or top slide of a firearm.\nweapon does not include a barrel, breechbolt or top slide of a firearm.\ns 34A ins 1997 No. 48 s 17 (1)\namd 2003 No. 5 s 13","sortOrder":68},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Acquisition, sale and disposal of weapons","content":"## Acquisition, sale and disposal of weapons","sortOrder":69},{"sectionNumber":"sec.35","sectionType":"section","heading":"Acquisition of weapons","content":"### sec.35 Acquisition of weapons\n\nA person may acquire a weapon only if—\nthe person is a licensed dealer; or\nthe person is the holder of a permit to acquire the weapon and acquires the weapon—\nfrom or through a licensed dealer; or\nthrough a police officer in circumstances prescribed under a regulation; or\nthe person acquires the weapon under other lawful authority, justification or excuse.\nMaximum penalty—\nfor a category D, H or R weapon—100 penalty units or 2 years imprisonment; and\nfor a category C or E weapon—60 penalty units or 1 year’s imprisonment; and\nfor a category A, B or M weapon—20 penalty units or 6 months imprisonment.\nJ wishes to sell J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. J and S agree on the sale price, but the sale may only be completed through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3) .\nJ wishes to give J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. The gift of the weapon may only be made through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3) .\nJ sells J’s weapon to G, a licensed dealer. G later sells the weapon to S who holds an appropriate licence and a permit to acquire the weapon. G must still provide certain information about the acquisition to an authorised officer under subsection (2) , but in this case is not entitled to a brokerage fee.\nJ pays a deposit on a firearm J is buying from G, a licensed dealer. J has applied for a permit to acquire, but the application has not been finally decided. If J takes possession of the firearm before the permit to acquire is issued, J acquires the weapon and commits an offence against subsection (1) .\nIf the weapon is acquired from a licensed dealer or the acquisition happens through a licensed dealer or police officer—\nthe acquirer must give the dealer or police officer a copy of the permit to acquire; and\nthe dealer must give to an authorised officer the copy of the permit to acquire and the information prescribed under a regulation within the time and in the way prescribed under the regulation.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nIf the acquisition happens through a licensed dealer, the dealer is entitled to a brokerage fee from the acquirer in the amount prescribed under a regulation.\nThe dealer is not entitled to any other payment for brokering the acquisition.\nIf the acquisition happens under other lawful authority, justification or excuse, the acquirer must, unless the acquirer has a reasonable excuse, take immediate action—\nto comply with this Act; or\nto surrender the weapon under section 30 (4) or (5) .\nMaximum penalty for subsection (5) —20 penalty units or 6 months imprisonment.\nThis section does not apply to the acquisition of a weapon, if the acquisition consists only of a person taking possession of the weapon—\nto repair it; or\nto store it, if the person is an armourer storing it for someone else; or\non a temporary basis for not more than 6 months without giving consideration for the acquisition or for the weapon; or\nin performing duties as a security guard under a security licence (guard); or\nunder section 52 , 53 , 54 (2) , 55 or 55A .\nIn this section—\nacquire , a weapon, means purchase, accept or receive or otherwise take possession of the weapon.\ns 35 ins 1996 No. 41 s 8\namd 1997 No. 48 s 18 ; 2003 No. 92 s 56 ; 2022 No. 4 s 32\n(sec.35-ssec.1) A person may acquire a weapon only if— the person is a licensed dealer; or the person is the holder of a permit to acquire the weapon and acquires the weapon— from or through a licensed dealer; or through a police officer in circumstances prescribed under a regulation; or the person acquires the weapon under other lawful authority, justification or excuse. Maximum penalty— for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and for a category A, B or M weapon—20 penalty units or 6 months imprisonment. J wishes to sell J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. J and S agree on the sale price, but the sale may only be completed through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3) . J wishes to give J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. The gift of the weapon may only be made through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3) . J sells J’s weapon to G, a licensed dealer. G later sells the weapon to S who holds an appropriate licence and a permit to acquire the weapon. G must still provide certain information about the acquisition to an authorised officer under subsection (2) , but in this case is not entitled to a brokerage fee. J pays a deposit on a firearm J is buying from G, a licensed dealer. J has applied for a permit to acquire, but the application has not been finally decided. If J takes possession of the firearm before the permit to acquire is issued, J acquires the weapon and commits an offence against subsection (1) .\n(sec.35-ssec.2) If the weapon is acquired from a licensed dealer or the acquisition happens through a licensed dealer or police officer— the acquirer must give the dealer or police officer a copy of the permit to acquire; and the dealer must give to an authorised officer the copy of the permit to acquire and the information prescribed under a regulation within the time and in the way prescribed under the regulation. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.35-ssec.3) If the acquisition happens through a licensed dealer, the dealer is entitled to a brokerage fee from the acquirer in the amount prescribed under a regulation.\n(sec.35-ssec.4) The dealer is not entitled to any other payment for brokering the acquisition.\n(sec.35-ssec.5) If the acquisition happens under other lawful authority, justification or excuse, the acquirer must, unless the acquirer has a reasonable excuse, take immediate action— to comply with this Act; or to surrender the weapon under section 30 (4) or (5) . Maximum penalty for subsection (5) —20 penalty units or 6 months imprisonment.\n(sec.35-ssec.6) This section does not apply to the acquisition of a weapon, if the acquisition consists only of a person taking possession of the weapon— to repair it; or to store it, if the person is an armourer storing it for someone else; or on a temporary basis for not more than 6 months without giving consideration for the acquisition or for the weapon; or in performing duties as a security guard under a security licence (guard); or under section 52 , 53 , 54 (2) , 55 or 55A .\n(sec.35-ssec.7) In this section— acquire , a weapon, means purchase, accept or receive or otherwise take possession of the weapon.\n- (a) the person is a licensed dealer; or\n- (b) the person is the holder of a permit to acquire the weapon and acquires the weapon— (i) from or through a licensed dealer; or (ii) through a police officer in circumstances prescribed under a regulation; or\n- (i) from or through a licensed dealer; or\n- (ii) through a police officer in circumstances prescribed under a regulation; or\n- (c) the person acquires the weapon under other lawful authority, justification or excuse.\n- (i) from or through a licensed dealer; or\n- (ii) through a police officer in circumstances prescribed under a regulation; or\n- (a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and\n- (b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and\n- (c) for a category A, B or M weapon—20 penalty units or 6 months imprisonment.\n- (a) the acquirer must give the dealer or police officer a copy of the permit to acquire; and\n- (b) the dealer must give to an authorised officer the copy of the permit to acquire and the information prescribed under a regulation within the time and in the way prescribed under the regulation.\n- (a) to comply with this Act; or\n- (b) to surrender the weapon under section 30 (4) or (5) .\n- (a) to repair it; or\n- (b) to store it, if the person is an armourer storing it for someone else; or\n- (c) on a temporary basis for not more than 6 months without giving consideration for the acquisition or for the weapon; or\n- (d) in performing duties as a security guard under a security licence (guard); or\n- (e) under section 52 , 53 , 54 (2) , 55 or 55A .","sortOrder":70},{"sectionNumber":"sec.36","sectionType":"section","heading":"Sale or disposal of weapons","content":"### sec.36 Sale or disposal of weapons\n\nA person must not sell or otherwise dispose of a weapon unless—\nthe person sells or otherwise disposes of the weapon to a licensed dealer; or\nthe person sells or otherwise disposes of the weapon to another person who is the holder of a permit to acquire the weapon and the sale or disposal happens—\nthrough a licensed dealer; or\nthrough a police officer in circumstances prescribed under a regulation; or\nthe person sells or otherwise disposes of the weapon under other lawful authority, justification or excuse.\nMaximum penalty—\nfor a category D, H or R weapon—100 penalty units or 2 years imprisonment; and\nfor a category C or E weapon—60 penalty units or 1 year’s imprisonment; and\nfor a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.\nIf the sale or disposal happens under subsection (1) (c) , the person must give to an authorised officer the information prescribed under a regulation in the way and within the time prescribed under the regulation.\nMaximum penalty—60 penalty units or 1 year’s imprisonment.\nThis section does not apply to the disposal of a weapon to a person, if the disposal consists only of a disposal—\nfor repair; or\nto an armourer for storage by the armourer; or\non a temporary basis for not more than 6 months without receiving consideration for the disposal or for the weapon; or\nto a person performing duties as a security guard under a security licence (guard); or\nauthorised under section 52 , 53 , 54 (2) , 55 or 55A .\ns 36 ins 1996 No. 41 s 8\namd 1997 No. 48 s 19 ; 2003 No. 37 s 24 ; 2003 No. 92 s 68 ; 2022 No. 4 s 33\n(sec.36-ssec.1) A person must not sell or otherwise dispose of a weapon unless— the person sells or otherwise disposes of the weapon to a licensed dealer; or the person sells or otherwise disposes of the weapon to another person who is the holder of a permit to acquire the weapon and the sale or disposal happens— through a licensed dealer; or through a police officer in circumstances prescribed under a regulation; or the person sells or otherwise disposes of the weapon under other lawful authority, justification or excuse. Maximum penalty— for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and for a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.\n(sec.36-ssec.2) If the sale or disposal happens under subsection (1) (c) , the person must give to an authorised officer the information prescribed under a regulation in the way and within the time prescribed under the regulation. Maximum penalty—60 penalty units or 1 year’s imprisonment.\n(sec.36-ssec.3) This section does not apply to the disposal of a weapon to a person, if the disposal consists only of a disposal— for repair; or to an armourer for storage by the armourer; or on a temporary basis for not more than 6 months without receiving consideration for the disposal or for the weapon; or to a person performing duties as a security guard under a security licence (guard); or authorised under section 52 , 53 , 54 (2) , 55 or 55A .\n- (a) the person sells or otherwise disposes of the weapon to a licensed dealer; or\n- (b) the person sells or otherwise disposes of the weapon to another person who is the holder of a permit to acquire the weapon and the sale or disposal happens— (i) through a licensed dealer; or (ii) through a police officer in circumstances prescribed under a regulation; or\n- (i) through a licensed dealer; or\n- (ii) through a police officer in circumstances prescribed under a regulation; or\n- (c) the person sells or otherwise disposes of the weapon under other lawful authority, justification or excuse.\n- (i) through a licensed dealer; or\n- (ii) through a police officer in circumstances prescribed under a regulation; or\n- (a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and\n- (b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and\n- (c) for a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.\n- (a) for repair; or\n- (b) to an armourer for storage by the armourer; or\n- (c) on a temporary basis for not more than 6 months without receiving consideration for the disposal or for the weapon; or\n- (d) to a person performing duties as a security guard under a security licence (guard); or\n- (e) authorised under section 52 , 53 , 54 (2) , 55 or 55A .","sortOrder":71},{"sectionNumber":"sec.37","sectionType":"section","heading":"Advertising sale of firearms","content":"### sec.37 Advertising sale of firearms\n\nIf a person advertises the sale of the person’s firearm, the person must state in the advertisement the firearm’s serial number, if any.\nMaximum penalty—10 penalty units.\ns 37 ins 1996 No. 41 s 8\namd 2006 No. 26 s 119 sch 2","sortOrder":72},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Permits to acquire","content":"## Permits to acquire","sortOrder":73},{"sectionNumber":"sec.38","sectionType":"section","heading":"Issue etc. of permits to acquire","content":"### sec.38 Issue etc. of permits to acquire\n\nA person, other than an authorised officer, must not issue, endorse or alter a permit to acquire.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nIn this section—\nissue, endorse or alter a permit to acquire includes purporting to issue, endorse or alter a permit to acquire.\ns 38 ins 1996 No. 41 s 8\nsub 2003 No. 37 s 25\n(sec.38-ssec.1) A person, other than an authorised officer, must not issue, endorse or alter a permit to acquire. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.38-ssec.2) In this section— issue, endorse or alter a permit to acquire includes purporting to issue, endorse or alter a permit to acquire.","sortOrder":74},{"sectionNumber":"sec.39","sectionType":"section","heading":"Limitations on issue of permits to acquire","content":"### sec.39 Limitations on issue of permits to acquire\n\nA permit to acquire a weapon may be issued only to—\nan individual under subsection (2) ; or\na body under subsection (3) .\nA permit to acquire a weapon may be issued to an individual only if—\nthe person is authorised to possess the weapon or category of weapon under a licence; and\nthe person is an adult; and\nfor a category B, C, D, H or M weapon—the person has a need to possess the weapon; and\nif the weapon is an heirloom firearm—the person is the owner of the firearm because of a testamentary disposition or the laws of succession; and\nif the person intends to possess the weapon under the authority of a collector’s licence (weapons) and the weapon is a temporarily inoperable modern handgun—\nthe person satisfies an authorised officer that the person has a prolonged and genuine interest in the study, preservation or collection of firearms; and\nthe person is a member of an approved historical society.\nSee section 131 (Limitation on number of concealable firearms particular licensees may acquire) for limitations on the number of category H weapons an individual who is the holder of a concealable firearms licence can possess during the first year after the holder is first licensed.\nA permit to acquire a weapon may be issued to a body, whether incorporated or unincorporated—\nfor a permit to acquire to be issued to an approved shooting club—only if it is endorsed with the name of an individual member of the club’s governing body, who satisfies the requirements of subsection (2) (a) to (c) , as the club’s representative in the conduct of its business or affairs; and\nfor a permit to acquire to be issued to another body—only if—\nthe body has a need to possess the weapon for which the permit to acquire is sought; and\nit is endorsed with the name of an individual, who satisfies the requirements of subsection (2) (a) to (c) , as the body’s representative in the conduct of its business or affairs.\nA permit to acquire must—\nbe issued in the approved form for a single weapon; and\nstate the name of the person from whom the weapon is to be acquired.\ns 39 ins 1996 No. 41 s 8\namd 1997 No. 48 s 20 ; 2003 No. 37 s 26\n(sec.39-ssec.1) A permit to acquire a weapon may be issued only to— an individual under subsection (2) ; or a body under subsection (3) .\n(sec.39-ssec.2) A permit to acquire a weapon may be issued to an individual only if— the person is authorised to possess the weapon or category of weapon under a licence; and the person is an adult; and for a category B, C, D, H or M weapon—the person has a need to possess the weapon; and if the weapon is an heirloom firearm—the person is the owner of the firearm because of a testamentary disposition or the laws of succession; and if the person intends to possess the weapon under the authority of a collector’s licence (weapons) and the weapon is a temporarily inoperable modern handgun— the person satisfies an authorised officer that the person has a prolonged and genuine interest in the study, preservation or collection of firearms; and the person is a member of an approved historical society. See section 131 (Limitation on number of concealable firearms particular licensees may acquire) for limitations on the number of category H weapons an individual who is the holder of a concealable firearms licence can possess during the first year after the holder is first licensed.\n(sec.39-ssec.3) A permit to acquire a weapon may be issued to a body, whether incorporated or unincorporated— for a permit to acquire to be issued to an approved shooting club—only if it is endorsed with the name of an individual member of the club’s governing body, who satisfies the requirements of subsection (2) (a) to (c) , as the club’s representative in the conduct of its business or affairs; and for a permit to acquire to be issued to another body—only if— the body has a need to possess the weapon for which the permit to acquire is sought; and it is endorsed with the name of an individual, who satisfies the requirements of subsection (2) (a) to (c) , as the body’s representative in the conduct of its business or affairs.\n(sec.39-ssec.4) A permit to acquire must— be issued in the approved form for a single weapon; and state the name of the person from whom the weapon is to be acquired.\n- (a) an individual under subsection (2) ; or\n- (b) a body under subsection (3) .\n- (a) the person is authorised to possess the weapon or category of weapon under a licence; and\n- (b) the person is an adult; and\n- (c) for a category B, C, D, H or M weapon—the person has a need to possess the weapon; and\n- (d) if the weapon is an heirloom firearm—the person is the owner of the firearm because of a testamentary disposition or the laws of succession; and\n- (e) if the person intends to possess the weapon under the authority of a collector’s licence (weapons) and the weapon is a temporarily inoperable modern handgun— (i) the person satisfies an authorised officer that the person has a prolonged and genuine interest in the study, preservation or collection of firearms; and (ii) the person is a member of an approved historical society.\n- (i) the person satisfies an authorised officer that the person has a prolonged and genuine interest in the study, preservation or collection of firearms; and\n- (ii) the person is a member of an approved historical society.\n- (i) the person satisfies an authorised officer that the person has a prolonged and genuine interest in the study, preservation or collection of firearms; and\n- (ii) the person is a member of an approved historical society.\n- (a) for a permit to acquire to be issued to an approved shooting club—only if it is endorsed with the name of an individual member of the club’s governing body, who satisfies the requirements of subsection (2) (a) to (c) , as the club’s representative in the conduct of its business or affairs; and\n- (b) for a permit to acquire to be issued to another body—only if— (i) the body has a need to possess the weapon for which the permit to acquire is sought; and (ii) it is endorsed with the name of an individual, who satisfies the requirements of subsection (2) (a) to (c) , as the body’s representative in the conduct of its business or affairs.\n- (i) the body has a need to possess the weapon for which the permit to acquire is sought; and\n- (ii) it is endorsed with the name of an individual, who satisfies the requirements of subsection (2) (a) to (c) , as the body’s representative in the conduct of its business or affairs.\n- (i) the body has a need to possess the weapon for which the permit to acquire is sought; and\n- (ii) it is endorsed with the name of an individual, who satisfies the requirements of subsection (2) (a) to (c) , as the body’s representative in the conduct of its business or affairs.\n- (a) be issued in the approved form for a single weapon; and\n- (b) state the name of the person from whom the weapon is to be acquired.","sortOrder":75},{"sectionNumber":"sec.40","sectionType":"section","heading":"Application for permit to acquire","content":"### sec.40 Application for permit to acquire\n\nAn application for a permit to acquire must be—\nmade in the approved form; and\nmade, in the way prescribed under a regulation, by—\nif the permit is for an individual—the person; or\nif the permit is for a body, whether incorporated or unincorporated—the individual endorsed on the body’s licence as the body’s representative; and\naccompanied by—\nany fee that may be prescribed under a regulation; and\nproof of identity to the satisfaction of an authorised officer; and\nother particulars prescribed under a regulation; and\nthe other relevant particulars the person to whom the application is made reasonably requires.\nIf the application is for a permit to acquire a category B, C, D or H weapon, the applicant must state why the applicant needs the weapon and why the need can not be satisfied in another way.\nIf the application is for a permit to acquire an heirloom firearm, the application must also be accompanied by proof, to the satisfaction of an authorised officer, that the applicant is the owner of the firearm because of a testamentary disposition or the laws of succession.\nIf the application is for a permit to acquire a temporarily inoperable modern handgun that the applicant intends to possess under the authority of a collector’s licence (weapons), the application must include a declaration signed by an approved historical society’s representative stating that the representative is satisfied that the weapon is of obvious and significant commemorative, historic, thematic or investment value.\ns 40 ins 1996 No. 41 s 8\namd 2003 No. 37 s 27 ; 2012 No. 40 s 13\n(sec.40-ssec.1) An application for a permit to acquire must be— made in the approved form; and made, in the way prescribed under a regulation, by— if the permit is for an individual—the person; or if the permit is for a body, whether incorporated or unincorporated—the individual endorsed on the body’s licence as the body’s representative; and accompanied by— any fee that may be prescribed under a regulation; and proof of identity to the satisfaction of an authorised officer; and other particulars prescribed under a regulation; and the other relevant particulars the person to whom the application is made reasonably requires.\n(sec.40-ssec.2) If the application is for a permit to acquire a category B, C, D or H weapon, the applicant must state why the applicant needs the weapon and why the need can not be satisfied in another way.\n(sec.40-ssec.3) If the application is for a permit to acquire an heirloom firearm, the application must also be accompanied by proof, to the satisfaction of an authorised officer, that the applicant is the owner of the firearm because of a testamentary disposition or the laws of succession.\n(sec.40-ssec.4) If the application is for a permit to acquire a temporarily inoperable modern handgun that the applicant intends to possess under the authority of a collector’s licence (weapons), the application must include a declaration signed by an approved historical society’s representative stating that the representative is satisfied that the weapon is of obvious and significant commemorative, historic, thematic or investment value.\n- (a) made in the approved form; and\n- (b) made, in the way prescribed under a regulation, by— (i) if the permit is for an individual—the person; or (ii) if the permit is for a body, whether incorporated or unincorporated—the individual endorsed on the body’s licence as the body’s representative; and\n- (i) if the permit is for an individual—the person; or\n- (ii) if the permit is for a body, whether incorporated or unincorporated—the individual endorsed on the body’s licence as the body’s representative; and\n- (c) accompanied by— (i) any fee that may be prescribed under a regulation; and (ii) proof of identity to the satisfaction of an authorised officer; and (iii) other particulars prescribed under a regulation; and (iv) the other relevant particulars the person to whom the application is made reasonably requires.\n- (i) any fee that may be prescribed under a regulation; and\n- (ii) proof of identity to the satisfaction of an authorised officer; and\n- (iii) other particulars prescribed under a regulation; and\n- (iv) the other relevant particulars the person to whom the application is made reasonably requires.\n- (i) if the permit is for an individual—the person; or\n- (ii) if the permit is for a body, whether incorporated or unincorporated—the individual endorsed on the body’s licence as the body’s representative; and\n- (i) any fee that may be prescribed under a regulation; and\n- (ii) proof of identity to the satisfaction of an authorised officer; and\n- (iii) other particulars prescribed under a regulation; and\n- (iv) the other relevant particulars the person to whom the application is made reasonably requires.","sortOrder":76},{"sectionNumber":"sec.41","sectionType":"section","heading":"Inquiries into application","content":"### sec.41 Inquiries into application\n\nBefore the application is decided, an officer in charge of police or authorised officer with whom an application for a permit to acquire is lodged may—\nmake an inquiry or investigation about the applicant or the application; and\nrequire the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including—\nin relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and\nin relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and\ninspect the secure storage facilities for the weapon for which the permit to acquire is to be issued; and\nsupply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and\nmake a report about the applicant or the application; and\nmake the recommendation about the application the officer thinks appropriate.\nIf the authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity.\nThe applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant—\nrefuses to provide the information reasonably required under subsection (1) (b) ; or\nrefuses to allow the inspection under subsection (1) (c) ; or\nfails to comply with a requirement under subsection (2) .\nIf information about the applicant’s mental health given under subsection (1) (b) is provided in a doctor’s or psychologist’s report, an authorised officer may—\nmake information in the officer’s possession available to the doctor or psychologist; and\nask the doctor or psychologist to provide a further report.\nThe authorised officer may make the information available only if the officer considers, on reasonable grounds—\nthe doctor or psychologist was not aware of the information; and\nthe information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health.\nThe authorised officer must also advise the applicant of the information being supplied to the doctor or psychologist.\nThe authorised officer may make the information available under subsection (4) despite the provisions of any other Act.\nUnless the authorised officer considers that it is currently required for the investigation of an offence, the authorised officer must, after deciding the application—\nreturn to the applicant any identifying particular obtained in the course of inquiries into the application; and\ndestroy any record or copy of the identifying particular.\nInformation required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose.\nFor this section—\napplicant includes, for a body, the individual endorsed on the body’s licence as the body’s representative.\ns 41 ins 1996 No. 41 s 8\namd 1997 No. 48 s 21\n(sec.41-ssec.1) Before the application is decided, an officer in charge of police or authorised officer with whom an application for a permit to acquire is lodged may— make an inquiry or investigation about the applicant or the application; and require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including— in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and inspect the secure storage facilities for the weapon for which the permit to acquire is to be issued; and supply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and make a report about the applicant or the application; and make the recommendation about the application the officer thinks appropriate.\n(sec.41-ssec.2) If the authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity.\n(sec.41-ssec.3) The applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant— refuses to provide the information reasonably required under subsection (1) (b) ; or refuses to allow the inspection under subsection (1) (c) ; or fails to comply with a requirement under subsection (2) .\n(sec.41-ssec.4) If information about the applicant’s mental health given under subsection (1) (b) is provided in a doctor’s or psychologist’s report, an authorised officer may— make information in the officer’s possession available to the doctor or psychologist; and ask the doctor or psychologist to provide a further report.\n(sec.41-ssec.5) The authorised officer may make the information available only if the officer considers, on reasonable grounds— the doctor or psychologist was not aware of the information; and the information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health.\n(sec.41-ssec.6) The authorised officer must also advise the applicant of the information being supplied to the doctor or psychologist.\n(sec.41-ssec.7) The authorised officer may make the information available under subsection (4) despite the provisions of any other Act.\n(sec.41-ssec.8) Unless the authorised officer considers that it is currently required for the investigation of an offence, the authorised officer must, after deciding the application— return to the applicant any identifying particular obtained in the course of inquiries into the application; and destroy any record or copy of the identifying particular.\n(sec.41-ssec.9) Information required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose.\n(sec.41-ssec.10) For this section— applicant includes, for a body, the individual endorsed on the body’s licence as the body’s representative.\n- (a) make an inquiry or investigation about the applicant or the application; and\n- (b) require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including— (i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and (ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and\n- (i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and\n- (ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and\n- (c) inspect the secure storage facilities for the weapon for which the permit to acquire is to be issued; and\n- (d) supply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and\n- (e) make a report about the applicant or the application; and\n- (f) make the recommendation about the application the officer thinks appropriate.\n- (i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and\n- (ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and\n- (a) refuses to provide the information reasonably required under subsection (1) (b) ; or\n- (b) refuses to allow the inspection under subsection (1) (c) ; or\n- (c) fails to comply with a requirement under subsection (2) .\n- (a) make information in the officer’s possession available to the doctor or psychologist; and\n- (b) ask the doctor or psychologist to provide a further report.\n- (a) the doctor or psychologist was not aware of the information; and\n- (b) the information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health.\n- (a) return to the applicant any identifying particular obtained in the course of inquiries into the application; and\n- (b) destroy any record or copy of the identifying particular.","sortOrder":77},{"sectionNumber":"sec.42","sectionType":"section","heading":"Authorised officer decides application","content":"### sec.42 Authorised officer decides application\n\nAn authorised officer must decide an application for a permit to acquire a weapon as soon as practicable after the end of any period that may be prescribed for this section under a regulation.\nIn deciding the application, the authorised officer may consider anything at the officer’s disposal.\nThe authorised officer must consider the following things when deciding whether the applicant has a need to possess the weapon—\nwhether the applicant’s requirements can be adequately met in a way not involving the use of a weapon or by using a weapon of another category or type;\nwhether the applicant possesses other weapons, and in particular other weapons of that category or type;\nanother thing prescribed under a regulation.\nTo remove any doubt, a collector may have a need for a particular weapon even though the collector already possesses a weapon of the same category or type.\nThe authorised officer must—\napprove the application and issue the permit to acquire subject to any conditions the authorised officer may decide; or\nreject the application.\ns 42 ins 1996 No. 41 s 8\n(sec.42-ssec.1) An authorised officer must decide an application for a permit to acquire a weapon as soon as practicable after the end of any period that may be prescribed for this section under a regulation.\n(sec.42-ssec.2) In deciding the application, the authorised officer may consider anything at the officer’s disposal.\n(sec.42-ssec.3) The authorised officer must consider the following things when deciding whether the applicant has a need to possess the weapon— whether the applicant’s requirements can be adequately met in a way not involving the use of a weapon or by using a weapon of another category or type; whether the applicant possesses other weapons, and in particular other weapons of that category or type; another thing prescribed under a regulation.\n(sec.42-ssec.4) To remove any doubt, a collector may have a need for a particular weapon even though the collector already possesses a weapon of the same category or type.\n(sec.42-ssec.5) The authorised officer must— approve the application and issue the permit to acquire subject to any conditions the authorised officer may decide; or reject the application.\n- (a) whether the applicant’s requirements can be adequately met in a way not involving the use of a weapon or by using a weapon of another category or type;\n- (b) whether the applicant possesses other weapons, and in particular other weapons of that category or type;\n- (c) another thing prescribed under a regulation.\n- (a) approve the application and issue the permit to acquire subject to any conditions the authorised officer may decide; or\n- (b) reject the application.","sortOrder":78},{"sectionNumber":"sec.43","sectionType":"section","heading":"Issue of permit to acquire","content":"### sec.43 Issue of permit to acquire\n\nA permit to acquire must be issued in the approved form.\ns 43 ins 1996 No. 41 s 8","sortOrder":79},{"sectionNumber":"sec.44","sectionType":"section","heading":"Notice of rejection of application for permit to acquire","content":"### sec.44 Notice of rejection of application for permit to acquire\n\nIf an authorised officer rejects an application for a permit to acquire, the authorised officer must give the applicant a notice of rejection in the approved form stating the specific reasons for the rejection.\nThe notice may be given to the applicant by sending it to the applicant by security post at the address shown on the application.\ns 44 ins 1996 No. 41 s 8\n(sec.44-ssec.1) If an authorised officer rejects an application for a permit to acquire, the authorised officer must give the applicant a notice of rejection in the approved form stating the specific reasons for the rejection.\n(sec.44-ssec.2) The notice may be given to the applicant by sending it to the applicant by security post at the address shown on the application.","sortOrder":80},{"sectionNumber":"sec.45","sectionType":"section","heading":"Term of permit to acquire","content":"### sec.45 Term of permit to acquire\n\nA permit to acquire remains in force for the term, not more than 6 months, stated on the permit.\nA permit to acquire stops being in force if—\nit is suspended, cancelled, revoked or surrendered; or\nthe holder of the permit dies.\ns 45 ins 1996 No. 41 s 8\namd 2012 No. 40 s 14\n(sec.45-ssec.1) A permit to acquire remains in force for the term, not more than 6 months, stated on the permit.\n(sec.45-ssec.2) A permit to acquire stops being in force if— it is suspended, cancelled, revoked or surrendered; or the holder of the permit dies.\n- (a) it is suspended, cancelled, revoked or surrendered; or\n- (b) the holder of the permit dies.","sortOrder":81},{"sectionNumber":"sec.46","sectionType":"section","heading":"Reporting loss, destruction or theft of permit to acquire","content":"### sec.46 Reporting loss, destruction or theft of permit to acquire\n\nA licensee must report the loss, destruction or theft of a permit to acquire to an officer in charge of police immediately after the licensee becomes aware of the loss, destruction or theft.\nMaximum penalty—10 penalty units.\ns 46 ins 1996 No. 41 s 8","sortOrder":82},{"sectionNumber":"sec.47","sectionType":"section","heading":"Replacement permit to acquire","content":"### sec.47 Replacement permit to acquire\n\nThis section applies if an authorised officer is satisfied—\na permit to acquire is lost, destroyed or stolen; or\nany writing or endorsement on a permit to acquire is illegible and the permit to acquire is surrendered to an officer in charge of police.\nThe authorised officer may issue to the licensee a replacement permit to acquire instead of the permit to acquire on—\napplication by the licensee in the approved form; and\npayment of the fee prescribed under a regulation.\ns 47 ins 1996 No. 41 s 8\n(sec.47-ssec.1) This section applies if an authorised officer is satisfied— a permit to acquire is lost, destroyed or stolen; or any writing or endorsement on a permit to acquire is illegible and the permit to acquire is surrendered to an officer in charge of police.\n(sec.47-ssec.2) The authorised officer may issue to the licensee a replacement permit to acquire instead of the permit to acquire on— application by the licensee in the approved form; and payment of the fee prescribed under a regulation.\n- (a) a permit to acquire is lost, destroyed or stolen; or\n- (b) any writing or endorsement on a permit to acquire is illegible and the permit to acquire is surrendered to an officer in charge of police.\n- (a) application by the licensee in the approved form; and\n- (b) payment of the fee prescribed under a regulation.","sortOrder":83},{"sectionNumber":"sec.48","sectionType":"section","heading":"Surrender of permit to acquire","content":"### sec.48 Surrender of permit to acquire\n\nA licensee may surrender a permit to acquire by—\ngiving written notice of surrender; and\nsurrendering the permit to acquire.\nThe notice must be given and the permit to acquire surrendered to an authorised officer or officer in charge of police.\ns 48 ins 1996 No. 41 s 8\n(sec.48-ssec.1) A licensee may surrender a permit to acquire by— giving written notice of surrender; and surrendering the permit to acquire.\n(sec.48-ssec.2) The notice must be given and the permit to acquire surrendered to an authorised officer or officer in charge of police.\n- (a) giving written notice of surrender; and\n- (b) surrendering the permit to acquire.","sortOrder":84},{"sectionNumber":"pt.3-div.3A","sectionType":"division","heading":"Marking serial numbers on unmarked firearms","content":"## Marking serial numbers on unmarked firearms","sortOrder":85},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Marking serial numbers on unmarked firearms","content":"### sec.48A Marking serial numbers on unmarked firearms\n\nThis section applies to a firearm included or to be included in the firearms register if the firearm does not have a serial number marked on it.\nThe authorised officer may—\ngive a serial number to the firearm; and\nrequire the registered owner of the firearm to mark the serial number on the firearm.\nNo compensation is payable because of the requirement.\nBefore deciding whether to require the registered owner of a firearm that is an antique handgun to mark the serial number on the handgun, the authorised officer must have regard to—\nthe impact marking the serial number on the handgun will have on the handgun’s value; and\nways of minimising the impact marking the serial number on the handgun may have on the handgun’s value.\nIf the authorised officer requires a registered owner of the firearm to mark the serial number on the firearm, the authorised officer must give the registered owner a written notice stating—\nthe serial number; and\nthat the registered owner must mark the serial number on the firearm in the way stated in the notice—\nwithin 28 days after being given the notice; or\nif the 28 days period is extended under subsection (7) , within the period as extended; and\nthat the registered owner may apply to the authorised officer within the 28 days for approval to mark the serial number on the firearm in another way stated in the application.\nThe person must comply with the requirement unless the person applies under subsection (5) (c) .\nMaximum penalty for subsection (6) —20 penalty units.\nThe authorised officer may extend the period for compliance with subsection (5) (the compliance time ) if the registered owner applies to the authorised officer for an extension before the compliance time ends.\ns 48A ins 2005 No. 17 s 39\namd 2007 No. 1 s 32 sch 2\n(sec.48A-ssec.1) This section applies to a firearm included or to be included in the firearms register if the firearm does not have a serial number marked on it.\n(sec.48A-ssec.2) The authorised officer may— give a serial number to the firearm; and require the registered owner of the firearm to mark the serial number on the firearm.\n(sec.48A-ssec.3) No compensation is payable because of the requirement.\n(sec.48A-ssec.4) Before deciding whether to require the registered owner of a firearm that is an antique handgun to mark the serial number on the handgun, the authorised officer must have regard to— the impact marking the serial number on the handgun will have on the handgun’s value; and ways of minimising the impact marking the serial number on the handgun may have on the handgun’s value.\n(sec.48A-ssec.5) If the authorised officer requires a registered owner of the firearm to mark the serial number on the firearm, the authorised officer must give the registered owner a written notice stating— the serial number; and that the registered owner must mark the serial number on the firearm in the way stated in the notice— within 28 days after being given the notice; or if the 28 days period is extended under subsection (7) , within the period as extended; and that the registered owner may apply to the authorised officer within the 28 days for approval to mark the serial number on the firearm in another way stated in the application.\n(sec.48A-ssec.6) The person must comply with the requirement unless the person applies under subsection (5) (c) . Maximum penalty for subsection (6) —20 penalty units.\n(sec.48A-ssec.7) The authorised officer may extend the period for compliance with subsection (5) (the compliance time ) if the registered owner applies to the authorised officer for an extension before the compliance time ends.\n- (a) give a serial number to the firearm; and\n- (b) require the registered owner of the firearm to mark the serial number on the firearm.\n- (a) the impact marking the serial number on the handgun will have on the handgun’s value; and\n- (b) ways of minimising the impact marking the serial number on the handgun may have on the handgun’s value.\n- (a) the serial number; and\n- (b) that the registered owner must mark the serial number on the firearm in the way stated in the notice— (i) within 28 days after being given the notice; or (ii) if the 28 days period is extended under subsection (7) , within the period as extended; and\n- (i) within 28 days after being given the notice; or\n- (ii) if the 28 days period is extended under subsection (7) , within the period as extended; and\n- (c) that the registered owner may apply to the authorised officer within the 28 days for approval to mark the serial number on the firearm in another way stated in the application.\n- (i) within 28 days after being given the notice; or\n- (ii) if the 28 days period is extended under subsection (7) , within the period as extended; and","sortOrder":86},{"sectionNumber":"sec.48B","sectionType":"section","heading":"Approval of alternative way of marking serial number","content":"### sec.48B Approval of alternative way of marking serial number\n\nThis section applies if a registered owner of a firearm applies to the authorised officer to mark the serial number on the firearm in another way.\nThe authorised officer may approve or refuse to approve the application.\nIf the authorised officer approves the application, the authorised officer must give the registered owner a written notice requiring the registered owner to mark the serial number on the firearm in the way stated in the approval within 28 days after being given notice of the approval.\nThe person must comply with the requirement.\nMaximum penalty for subsection (4) —20 penalty units.\nOn the giving of notice under subsection (3) , the notice under section 48A (5) in relation to the firearm stops having effect.\nIf the authorised officer refuses to approve the application, the authorised officer—\nmust give the registered owner notice of the refusal; and\nmay, whether or not the registered owner applied for an extension of the compliance time under section 48A , by written notice, extend the compliance time for a period, of not more than 21 days, stated in the notice.\nThe person must comply with the requirement within the compliance time as extended under subsection (6) (b) .\nMaximum penalty for subsection (7) —20 penalty units.\ns 48B ins 2005 No. 17 s 39\n(sec.48B-ssec.1) This section applies if a registered owner of a firearm applies to the authorised officer to mark the serial number on the firearm in another way.\n(sec.48B-ssec.2) The authorised officer may approve or refuse to approve the application.\n(sec.48B-ssec.3) If the authorised officer approves the application, the authorised officer must give the registered owner a written notice requiring the registered owner to mark the serial number on the firearm in the way stated in the approval within 28 days after being given notice of the approval.\n(sec.48B-ssec.4) The person must comply with the requirement. Maximum penalty for subsection (4) —20 penalty units.\n(sec.48B-ssec.5) On the giving of notice under subsection (3) , the notice under section 48A (5) in relation to the firearm stops having effect.\n(sec.48B-ssec.6) If the authorised officer refuses to approve the application, the authorised officer— must give the registered owner notice of the refusal; and may, whether or not the registered owner applied for an extension of the compliance time under section 48A , by written notice, extend the compliance time for a period, of not more than 21 days, stated in the notice.\n(sec.48B-ssec.7) The person must comply with the requirement within the compliance time as extended under subsection (6) (b) . Maximum penalty for subsection (7) —20 penalty units.\n- (a) must give the registered owner notice of the refusal; and\n- (b) may, whether or not the registered owner applied for an extension of the compliance time under section 48A , by written notice, extend the compliance time for a period, of not more than 21 days, stated in the notice.","sortOrder":87},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Firearms register","content":"## Firearms register","sortOrder":88},{"sectionNumber":"sec.49","sectionType":"section","heading":"Commissioner to maintain firearms register","content":"### sec.49 Commissioner to maintain firearms register\n\nThe commissioner must establish and maintain a record (the firearms register ) of all firearms in Queensland.\nThe following information for each firearm must be entered in the firearms register—\nthe name and address of the firearm’s owner and details of the documents relied on to establish the owner’s identity and address;\nfor a firearm other than a category M crossbow—the type, make, calibre, action, magazine capacity and any serial number of the firearm;\ndetails of the licence authorising possession of the firearm;\nfor firearms acquired after the commencement of the Weapons Amendment Act 1996 —\ndetails of any permit to acquire authorising acquisition of the firearm; and\nthe name and address of the person from whom the firearm was acquired and the date it was acquired;\nthe place where the firearm is generally kept;\nthe reason given for possession of the firearm and, if appropriate, the reason why the particular firearm was needed;\nfor a category M crossbow—the identifying serial number of the crossbow;\nother information prescribed under a regulation.\nAlso, the following information for each antique handgun must be entered in the firearms register—\nthe name and address of the handgun’s owner and details of the documents relied on to establish the owner’s identity and address;\nthe type, make, calibre, action, magazine capacity and any serial number of the firearm;\nthe place where the firearm is generally kept;\nother information prescribed under a regulation.\nThe commissioner may make information in the register available to another entity, within or outside the State, only if the commissioner is satisfied to do so would assist in achieving the object of this Act.\nA regulation may limit the information the commissioner may make available under subsection (4) .\nIn this section—\nfirearm includes—\na category H weapon that is permanently inoperable; and\na category M crossbow.\nowner , of a firearm, includes a person who has lawfully acquired the firearm under a permit to acquire.\ns 49 prev s 49 om 1996 No. 41 s 18\npres s 49 ins 1996 No. 41 s 8\namd 2001 No. 22 s 10 ; 2003 No. 37 s 28 ; 2003 No. 92 s 69\n(sec.49-ssec.1) The commissioner must establish and maintain a record (the firearms register ) of all firearms in Queensland.\n(sec.49-ssec.2) The following information for each firearm must be entered in the firearms register— the name and address of the firearm’s owner and details of the documents relied on to establish the owner’s identity and address; for a firearm other than a category M crossbow—the type, make, calibre, action, magazine capacity and any serial number of the firearm; details of the licence authorising possession of the firearm; for firearms acquired after the commencement of the Weapons Amendment Act 1996 — details of any permit to acquire authorising acquisition of the firearm; and the name and address of the person from whom the firearm was acquired and the date it was acquired; the place where the firearm is generally kept; the reason given for possession of the firearm and, if appropriate, the reason why the particular firearm was needed; for a category M crossbow—the identifying serial number of the crossbow; other information prescribed under a regulation.\n(sec.49-ssec.3) Also, the following information for each antique handgun must be entered in the firearms register— the name and address of the handgun’s owner and details of the documents relied on to establish the owner’s identity and address; the type, make, calibre, action, magazine capacity and any serial number of the firearm; the place where the firearm is generally kept; other information prescribed under a regulation.\n(sec.49-ssec.4) The commissioner may make information in the register available to another entity, within or outside the State, only if the commissioner is satisfied to do so would assist in achieving the object of this Act.\n(sec.49-ssec.5) A regulation may limit the information the commissioner may make available under subsection (4) .\n(sec.49-ssec.6) In this section— firearm includes— a category H weapon that is permanently inoperable; and a category M crossbow. owner , of a firearm, includes a person who has lawfully acquired the firearm under a permit to acquire.\n- (a) the name and address of the firearm’s owner and details of the documents relied on to establish the owner’s identity and address;\n- (b) for a firearm other than a category M crossbow—the type, make, calibre, action, magazine capacity and any serial number of the firearm;\n- (c) details of the licence authorising possession of the firearm;\n- (d) for firearms acquired after the commencement of the Weapons Amendment Act 1996 — (i) details of any permit to acquire authorising acquisition of the firearm; and (ii) the name and address of the person from whom the firearm was acquired and the date it was acquired;\n- (i) details of any permit to acquire authorising acquisition of the firearm; and\n- (ii) the name and address of the person from whom the firearm was acquired and the date it was acquired;\n- (e) the place where the firearm is generally kept;\n- (f) the reason given for possession of the firearm and, if appropriate, the reason why the particular firearm was needed;\n- (g) for a category M crossbow—the identifying serial number of the crossbow;\n- (h) other information prescribed under a regulation.\n- (i) details of any permit to acquire authorising acquisition of the firearm; and\n- (ii) the name and address of the person from whom the firearm was acquired and the date it was acquired;\n- (a) the name and address of the handgun’s owner and details of the documents relied on to establish the owner’s identity and address;\n- (b) the type, make, calibre, action, magazine capacity and any serial number of the firearm;\n- (c) the place where the firearm is generally kept;\n- (d) other information prescribed under a regulation.\n- (a) a category H weapon that is permanently inoperable; and\n- (b) a category M crossbow.","sortOrder":89},{"sectionNumber":"pt.4","sectionType":"part","heading":"Possession and use of weapons and other things","content":"# Possession and use of weapons and other things","sortOrder":90},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":91},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Authority given by licence","content":"### sec.49A Authority given by licence\n\nA licence authorises a licensee to possess and use a weapon or category of weapon endorsed on the licence for any lawful purpose.\nHowever, the authority to possess or use a weapon, or a category of weapon, under a licence is subject to a regulation, condition or participation condition, whether imposed by an authorised officer or prescribed under a regulation.\nIf a condition is prescribed under a regulation for a category of weapon—\nthe condition applies to all weapons of the category, whether licensed before or after the day the condition has effect; and\nthe licence is taken to have been amended to include the condition.\nIf use of a firearm is authorised under another Act, a licensee does not contravene this Act only because the licensee uses the firearm in the way authorised under the other Act.\ns 49A ins 2003 No. 37 s 29\namd 2003 No. 92 s 57\n(sec.49A-ssec.1) A licence authorises a licensee to possess and use a weapon or category of weapon endorsed on the licence for any lawful purpose.\n(sec.49A-ssec.2) However, the authority to possess or use a weapon, or a category of weapon, under a licence is subject to a regulation, condition or participation condition, whether imposed by an authorised officer or prescribed under a regulation.\n(sec.49A-ssec.3) If a condition is prescribed under a regulation for a category of weapon— the condition applies to all weapons of the category, whether licensed before or after the day the condition has effect; and the licence is taken to have been amended to include the condition.\n(sec.49A-ssec.4) If use of a firearm is authorised under another Act, a licensee does not contravene this Act only because the licensee uses the firearm in the way authorised under the other Act.\n- (a) the condition applies to all weapons of the category, whether licensed before or after the day the condition has effect; and\n- (b) the licence is taken to have been amended to include the condition.","sortOrder":92},{"sectionNumber":"sec.50","sectionType":"section","heading":"Possession of weapons","content":"### sec.50 Possession of weapons\n\nA person must not unlawfully possess a weapon.\nMaximum penalty—\nif the person unlawfully possesses 10 or more weapons at least 5 of which are category D, E, H or R weapons—1,000 penalty units or 20 years imprisonment; or\nif paragraph (a) does not apply and the person unlawfully possesses 10 or more weapons—750 penalty units or 15 years imprisonment; or\nif paragraphs (a) and (b) do not apply—\nfor a category D, H or R weapon—700 penalty units or 14 years imprisonment; or\nfor a category C or E weapon—500 penalty units or 10 years imprisonment; or\nfor a category A, B or M weapon—300 penalty units or 7 years imprisonment.\nMinimum penalty—\nfor an offence, committed by an adult, to which paragraph (a) , (b) , (c) (i) or (c)(ii) applies—\nif the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or\nif the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or\nif the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or\nfor an offence, committed by an adult, to which paragraph (c) (iii) applies—\nif the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or\nif the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility.\nHowever, subsection (1) does not apply if—\nthe weapon is a firearm within the meaning of part 5A ; and\nthe person is subject to a firearm prohibition order.\nSee section 141Y for offences relating to the possession of a firearm by a person subject to a firearm prohibition order.\nFor the purpose of subsection (1) , penalty, paragraph (d) (iii) , but without limiting that provision, it is a reasonable excuse to unlawfully possess the short firearm in the public place if—\na licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and\nthe person would have been authorised under this Act to possess the short firearm in the public place at the time of the offence if the licence was still in force at that time; and\nit was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.\nIt is not a reasonable excuse for subsection (1) , penalty, paragraph (d) (iii) to unlawfully possess the short firearm in the public place for the purpose of self-defence.\nA court, in sentencing a person found guilty of an offence against subsection (1) , may take into consideration whether the person stored the weapon in the way prescribed under a regulation for the weapon.\nIn this section—\npublic place includes any vehicle that is in or on a public place.\ns 50 amd 1991 No. 97 s 3 sch 1\nsub 1996 No. 41 s 9 ; 2003 No. 37 s 29\namd 2005 No. 17 s 40 ; 2012 No. 40 s 15 ; 2024 No. 45 s 68 ; 2026 No. 4 s 66 (1) – (5)\n(sec.50-ssec.1) A person must not unlawfully possess a weapon. Maximum penalty— if the person unlawfully possesses 10 or more weapons at least 5 of which are category D, E, H or R weapons—1,000 penalty units or 20 years imprisonment; or if paragraph (a) does not apply and the person unlawfully possesses 10 or more weapons—750 penalty units or 15 years imprisonment; or if paragraphs (a) and (b) do not apply— for a category D, H or R weapon—700 penalty units or 14 years imprisonment; or for a category C or E weapon—500 penalty units or 10 years imprisonment; or for a category A, B or M weapon—300 penalty units or 7 years imprisonment. Minimum penalty— for an offence, committed by an adult, to which paragraph (a) , (b) , (c) (i) or (c)(ii) applies— if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or if the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or for an offence, committed by an adult, to which paragraph (c) (iii) applies— if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility.\n(sec.50-ssec.1AA) However, subsection (1) does not apply if— the weapon is a firearm within the meaning of part 5A ; and the person is subject to a firearm prohibition order. See section 141Y for offences relating to the possession of a firearm by a person subject to a firearm prohibition order.\n(sec.50-ssec.1A) For the purpose of subsection (1) , penalty, paragraph (d) (iii) , but without limiting that provision, it is a reasonable excuse to unlawfully possess the short firearm in the public place if— a licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and the person would have been authorised under this Act to possess the short firearm in the public place at the time of the offence if the licence was still in force at that time; and it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.\n(sec.50-ssec.1B) It is not a reasonable excuse for subsection (1) , penalty, paragraph (d) (iii) to unlawfully possess the short firearm in the public place for the purpose of self-defence.\n(sec.50-ssec.2) A court, in sentencing a person found guilty of an offence against subsection (1) , may take into consideration whether the person stored the weapon in the way prescribed under a regulation for the weapon.\n(sec.50-ssec.3) In this section— public place includes any vehicle that is in or on a public place.\n- (a) if the person unlawfully possesses 10 or more weapons at least 5 of which are category D, E, H or R weapons—1,000 penalty units or 20 years imprisonment; or\n- (b) if paragraph (a) does not apply and the person unlawfully possesses 10 or more weapons—750 penalty units or 15 years imprisonment; or\n- (c) if paragraphs (a) and (b) do not apply— (i) for a category D, H or R weapon—700 penalty units or 14 years imprisonment; or (ii) for a category C or E weapon—500 penalty units or 10 years imprisonment; or (iii) for a category A, B or M weapon—300 penalty units or 7 years imprisonment.\n- (i) for a category D, H or R weapon—700 penalty units or 14 years imprisonment; or\n- (ii) for a category C or E weapon—500 penalty units or 10 years imprisonment; or\n- (iii) for a category A, B or M weapon—300 penalty units or 7 years imprisonment.\n- (i) for a category D, H or R weapon—700 penalty units or 14 years imprisonment; or\n- (ii) for a category C or E weapon—500 penalty units or 10 years imprisonment; or\n- (iii) for a category A, B or M weapon—300 penalty units or 7 years imprisonment.\n- (d) for an offence, committed by an adult, to which paragraph (a) , (b) , (c) (i) or (c)(ii) applies— (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or (iii) if the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or\n- (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or\n- (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or\n- (iii) if the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or\n- (e) for an offence, committed by an adult, to which paragraph (c) (iii) applies— (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility.\n- (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or\n- (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility.\n- (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or\n- (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or\n- (iii) if the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or\n- (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or\n- (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility.\n- (a) the weapon is a firearm within the meaning of part 5A ; and\n- (b) the person is subject to a firearm prohibition order. Note— See section 141Y for offences relating to the possession of a firearm by a person subject to a firearm prohibition order.\n- (a) a licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and\n- (b) the person would have been authorised under this Act to possess the short firearm in the public place at the time of the offence if the licence was still in force at that time; and\n- (c) it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.","sortOrder":93},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Possession of unregistered firearms","content":"### sec.50A Possession of unregistered firearms\n\nA licensee must not possess an unregistered firearm.\nMaximum penalty—120 penalty units.\nA licensed dealer or licensed armourer does not contravene subsection (1) if the unregistered firearm is entered in the dealer’s or armourer’s weapons register under section 71 .\nIn this section—\nfirearm does not include a barrel, breechbolt or top slide of a firearm.\nunregistered firearm means a firearm for which information is not entered in the firearms register.\ns 50A ins 2003 No. 37 s 29\namd 2011 No. 37 s 9\n(sec.50A-ssec.1) A licensee must not possess an unregistered firearm. Maximum penalty—120 penalty units.\n(sec.50A-ssec.2) A licensed dealer or licensed armourer does not contravene subsection (1) if the unregistered firearm is entered in the dealer’s or armourer’s weapons register under section 71 .\n(sec.50A-ssec.3) In this section— firearm does not include a barrel, breechbolt or top slide of a firearm. unregistered firearm means a firearm for which information is not entered in the firearms register.","sortOrder":94},{"sectionNumber":"sec.50B","sectionType":"section","heading":"Unlawful supply of weapons","content":"### sec.50B Unlawful supply of weapons\n\nA person must not unlawfully supply a weapon to another person.\nMaximum penalty—\nif the person unlawfully supplies 5 or more weapons at least 1 of which is a category D, E, H or R weapon—1,000 penalty units or 20 years imprisonment; or\nif paragraph (a) does not apply and the person unlawfully supplies 5 or more weapons—750 penalty units or 15 years imprisonment; or\nif paragraphs (a) and (b) do not apply—\nfor a category D, H or R weapon—750 penalty units or 15 years imprisonment; or\nfor a category C or E weapon—600 penalty units or 12 years imprisonment; or\nfor a category A, B, or M weapon—500 penalty units or 10 years imprisonment.\nMinimum penalty—\nfor an offence, committed by an adult, to which paragraph (a) applies, if at least 1 of the weapons unlawfully supplied is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapons—3 years imprisonment served wholly in a corrective services facility; or\nfor an offence, committed by an adult, to which paragraph (c) (i) applies, if the weapon is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapon—2 1 / 2 years imprisonment served wholly in a corrective services facility.\nFor the purpose of subsection (1) , penalty, paragraph (d) or (e) , but without limiting those provisions, it is a reasonable excuse to unlawfully supply the weapon if—\na licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and\nthe person would have been authorised under this Act to supply the weapon at the time of the offence if the licence was still in force at that time; and\nit was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.\nA person does not contravene subsection (1) if the person to whom the weapon is supplied—\nis authorised under a licence to possess weapons of the same category as the weapon supplied; or\nis authorised to possess the weapon under section 52 , 53 , 54 (2) , 55 , 55A , 70 or 116 .\nIf subsection (1) does not apply because subsection (2) (a) applies, the person disposing of the weapon may contravene section 36 (Sale or disposal of weapons).\nThe Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of the Attorney-General or the Director of Public Prosecutions.\ns 50B ins 2003 No. 37 s 30\namd 2012 No. 40 s 16 ; 2016 No. 62 s 479 ; 2026 No. 4 s 67\n(sec.50B-ssec.1) A person must not unlawfully supply a weapon to another person. Maximum penalty— if the person unlawfully supplies 5 or more weapons at least 1 of which is a category D, E, H or R weapon—1,000 penalty units or 20 years imprisonment; or if paragraph (a) does not apply and the person unlawfully supplies 5 or more weapons—750 penalty units or 15 years imprisonment; or if paragraphs (a) and (b) do not apply— for a category D, H or R weapon—750 penalty units or 15 years imprisonment; or for a category C or E weapon—600 penalty units or 12 years imprisonment; or for a category A, B, or M weapon—500 penalty units or 10 years imprisonment. Minimum penalty— for an offence, committed by an adult, to which paragraph (a) applies, if at least 1 of the weapons unlawfully supplied is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapons—3 years imprisonment served wholly in a corrective services facility; or for an offence, committed by an adult, to which paragraph (c) (i) applies, if the weapon is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapon—2 1 / 2 years imprisonment served wholly in a corrective services facility.\n(sec.50B-ssec.1A) For the purpose of subsection (1) , penalty, paragraph (d) or (e) , but without limiting those provisions, it is a reasonable excuse to unlawfully supply the weapon if— a licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and the person would have been authorised under this Act to supply the weapon at the time of the offence if the licence was still in force at that time; and it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.\n(sec.50B-ssec.2) A person does not contravene subsection (1) if the person to whom the weapon is supplied— is authorised under a licence to possess weapons of the same category as the weapon supplied; or is authorised to possess the weapon under section 52 , 53 , 54 (2) , 55 , 55A , 70 or 116 . If subsection (1) does not apply because subsection (2) (a) applies, the person disposing of the weapon may contravene section 36 (Sale or disposal of weapons).\n(sec.50B-ssec.3) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\n(sec.50B-ssec.4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of the Attorney-General or the Director of Public Prosecutions.\n- (a) if the person unlawfully supplies 5 or more weapons at least 1 of which is a category D, E, H or R weapon—1,000 penalty units or 20 years imprisonment; or\n- (b) if paragraph (a) does not apply and the person unlawfully supplies 5 or more weapons—750 penalty units or 15 years imprisonment; or\n- (c) if paragraphs (a) and (b) do not apply— (i) for a category D, H or R weapon—750 penalty units or 15 years imprisonment; or (ii) for a category C or E weapon—600 penalty units or 12 years imprisonment; or (iii) for a category A, B, or M weapon—500 penalty units or 10 years imprisonment.\n- (i) for a category D, H or R weapon—750 penalty units or 15 years imprisonment; or\n- (ii) for a category C or E weapon—600 penalty units or 12 years imprisonment; or\n- (iii) for a category A, B, or M weapon—500 penalty units or 10 years imprisonment.\n- (i) for a category D, H or R weapon—750 penalty units or 15 years imprisonment; or\n- (ii) for a category C or E weapon—600 penalty units or 12 years imprisonment; or\n- (iii) for a category A, B, or M weapon—500 penalty units or 10 years imprisonment.\n- (d) for an offence, committed by an adult, to which paragraph (a) applies, if at least 1 of the weapons unlawfully supplied is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapons—3 years imprisonment served wholly in a corrective services facility; or\n- (e) for an offence, committed by an adult, to which paragraph (c) (i) applies, if the weapon is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapon—2 1 / 2 years imprisonment served wholly in a corrective services facility.\n- (a) a licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and\n- (b) the person would have been authorised under this Act to supply the weapon at the time of the offence if the licence was still in force at that time; and\n- (c) it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.\n- (a) is authorised under a licence to possess weapons of the same category as the weapon supplied; or\n- (b) is authorised to possess the weapon under section 52 , 53 , 54 (2) , 55 , 55A , 70 or 116 .","sortOrder":95},{"sectionNumber":"sec.51","sectionType":"section","heading":"Possession of a knife in a public place or a school","content":"### sec.51 Possession of a knife in a public place or a school\n\nA person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse.\nMaximum penalty—\nfor a first offence—50 penalty units or 18 months imprisonment; or\nfor a second or later offence—100 penalty units or 2 years imprisonment.\nIf the offender publishes material on a social media platform or an online social network to—\nadvertise the offender’s involvement in the offence; or\nadvertise the act or omission constituting the offence;\nthe offender is liable to a maximum penalty of—\nfor a first offence—100 penalty units or 2 years imprisonment; or\nfor a second or later offence—150 penalty units or 30 months imprisonment.\nIt is a reasonable excuse for subsection (1) to physically possess a knife—\nto perform a lawful activity, duty or employment; or\nto participate in a lawful entertainment, recreation or sport; or\nfor lawfully exhibiting the knife; or\nfor use for a lawful purpose.\nA person may carry a knife on his or her belt for performing work in primary production.\nA scout may carry a knife on his or her belt as part of the scout uniform.\nA person may carry a knife as an accessory while playing in a pipe band.\nA fisher may carry a knife for use while fishing.\nA person who collects knives may exhibit them at a fete or another public gathering.\nA person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park.\nA person may carry a pen knife or swiss army knife for use for its normal utility purposes.\nHowever, it is not a reasonable excuse to physically possess a knife in a public place or a school for self-defence purposes.\nAlso, it is a reasonable excuse for subsection (1) , to the extent the subsection relates to a public place, to physically possess a knife for genuine religious purposes.\nA Sikh may possess, in a public place, a knife known as a kirpan to comply with the person’s religious faith.\nHowever, it is not a reasonable excuse to physically possess a knife in a school for genuine religious purposes.\nIn deciding what is a reasonable excuse for subsection (1) , regard may be had, among other things, to whether the way the knife is held in possession, or when and where it is held in possession, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.\nIn this section—\nadvertise means attract the notice and attention of the public or a limited section of the public.\nknife includes a thing with a sharpened point or blade that is reasonably capable of—\nbeing held in 1 or both hands; and\nbeing used to wound or threaten to wound anyone when held in 1 or both hands.\nmaterial includes an electronic document.\npublic place includes a vehicle that is in or on a public place.\nschool means any part of the premises of—\na State educational institution under the Education (General Provisions) Act 2006 ; or\na non-State school under the Education (Accreditation of Non-State Schools) Act 2017 .\ns 51 ins 1997 No. 48 s 22\nsub 1998 No. 19 s 31\namd 2003 No. 5 s 14 ; 2006 No. 39 s 512 (1) sch 1 ; 2011 No. 37 s 10 ; 2016 No. 48 s 16 ; 2017 No. 24 s 264 ; 2024 No. 45 s 40\n(sec.51-ssec.1) A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse. Maximum penalty— for a first offence—50 penalty units or 18 months imprisonment; or for a second or later offence—100 penalty units or 2 years imprisonment.\n(sec.51-ssec.2) If the offender publishes material on a social media platform or an online social network to— advertise the offender’s involvement in the offence; or advertise the act or omission constituting the offence; the offender is liable to a maximum penalty of— for a first offence—100 penalty units or 2 years imprisonment; or for a second or later offence—150 penalty units or 30 months imprisonment.\n(sec.51-ssec.3) It is a reasonable excuse for subsection (1) to physically possess a knife— to perform a lawful activity, duty or employment; or to participate in a lawful entertainment, recreation or sport; or for lawfully exhibiting the knife; or for use for a lawful purpose. A person may carry a knife on his or her belt for performing work in primary production. A scout may carry a knife on his or her belt as part of the scout uniform. A person may carry a knife as an accessory while playing in a pipe band. A fisher may carry a knife for use while fishing. A person who collects knives may exhibit them at a fete or another public gathering. A person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park. A person may carry a pen knife or swiss army knife for use for its normal utility purposes.\n(sec.51-ssec.4) However, it is not a reasonable excuse to physically possess a knife in a public place or a school for self-defence purposes.\n(sec.51-ssec.5) Also, it is a reasonable excuse for subsection (1) , to the extent the subsection relates to a public place, to physically possess a knife for genuine religious purposes. A Sikh may possess, in a public place, a knife known as a kirpan to comply with the person’s religious faith.\n(sec.51-ssec.6) However, it is not a reasonable excuse to physically possess a knife in a school for genuine religious purposes.\n(sec.51-ssec.7) In deciding what is a reasonable excuse for subsection (1) , regard may be had, among other things, to whether the way the knife is held in possession, or when and where it is held in possession, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.\n(sec.51-ssec.8) In this section— advertise means attract the notice and attention of the public or a limited section of the public. knife includes a thing with a sharpened point or blade that is reasonably capable of— being held in 1 or both hands; and being used to wound or threaten to wound anyone when held in 1 or both hands. material includes an electronic document. public place includes a vehicle that is in or on a public place. school means any part of the premises of— a State educational institution under the Education (General Provisions) Act 2006 ; or a non-State school under the Education (Accreditation of Non-State Schools) Act 2017 .\n- (a) for a first offence—50 penalty units or 18 months imprisonment; or\n- (b) for a second or later offence—100 penalty units or 2 years imprisonment.\n- (a) advertise the offender’s involvement in the offence; or\n- (b) advertise the act or omission constituting the offence;\n- (c) for a first offence—100 penalty units or 2 years imprisonment; or\n- (d) for a second or later offence—150 penalty units or 30 months imprisonment.\n- (a) to perform a lawful activity, duty or employment; or\n- (b) to participate in a lawful entertainment, recreation or sport; or\n- (c) for lawfully exhibiting the knife; or\n- (d) for use for a lawful purpose.\n- 1 A person may carry a knife on his or her belt for performing work in primary production.\n- 1 A scout may carry a knife on his or her belt as part of the scout uniform.\n- 2 A person may carry a knife as an accessory while playing in a pipe band.\n- 3 A fisher may carry a knife for use while fishing.\n- 1 A person who collects knives may exhibit them at a fete or another public gathering.\n- 1 A person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park.\n- 2 A person may carry a pen knife or swiss army knife for use for its normal utility purposes.\n- (a) being held in 1 or both hands; and\n- (b) being used to wound or threaten to wound anyone when held in 1 or both hands.\n- (a) a State educational institution under the Education (General Provisions) Act 2006 ; or\n- (b) a non-State school under the Education (Accreditation of Non-State Schools) Act 2017 .","sortOrder":96},{"sectionNumber":"sec.52","sectionType":"section","heading":"Physical possession and use of weapon sometimes allowed for the purpose of training a minor","content":"### sec.52 Physical possession and use of weapon sometimes allowed for the purpose of training a minor\n\nA minor who is at least 11 years may have physical possession of and use a category A or B weapon or a category M crossbow in a place where it is lawful to physically possess and use a category A or B weapon or a category M crossbow if—\nthe minor is under the direct and immediate supervision of a parent, guardian or another person who is acting in the place of a parent or guardian; and\nthe parent, guardian or other person is licensed to possess the weapon.\nA minor who is at least 11 years may have physical possession of and use a category A or B weapon or a category M crossbow at an approved range for category A or B weapons or category M crossbows if the minor is supervised—\ndirectly and immediately by a range officer; or\nas prescribed by regulation.\ns 52 sub 1994 No. 13 s 10\namd 1996 No. 41 s 3 sch 1 ; 1997 No. 48 s 23 ; 2003 No. 92 s 69A\n(sec.52-ssec.1) A minor who is at least 11 years may have physical possession of and use a category A or B weapon or a category M crossbow in a place where it is lawful to physically possess and use a category A or B weapon or a category M crossbow if— the minor is under the direct and immediate supervision of a parent, guardian or another person who is acting in the place of a parent or guardian; and the parent, guardian or other person is licensed to possess the weapon.\n(sec.52-ssec.2) A minor who is at least 11 years may have physical possession of and use a category A or B weapon or a category M crossbow at an approved range for category A or B weapons or category M crossbows if the minor is supervised— directly and immediately by a range officer; or as prescribed by regulation.\n- (a) the minor is under the direct and immediate supervision of a parent, guardian or another person who is acting in the place of a parent or guardian; and\n- (b) the parent, guardian or other person is licensed to possess the weapon.\n- (a) directly and immediately by a range officer; or\n- (b) as prescribed by regulation.","sortOrder":97},{"sectionNumber":"sec.53","sectionType":"section","heading":"An unlicensed person may use a weapon at an approved range","content":"### sec.53 An unlicensed person may use a weapon at an approved range\n\nThis section applies to a person—\nwho is not a licensee; or\nwho is a licensee but is not authorised to possess the weapon the person proposes to physically possess and use under this section.\nThe person may physically possess and use a weapon at an approved range for the category of weapon if, immediately before possessing and using the weapon, the person—\nproduces for the inspection of a range officer at the range photographic identification identifying the person; and\nweapons licence\ndriver licence\ncompletes and signs an approved form stating the following and gives the form to the range officer—\nthe person’s name, residential address and date of birth;\nthat the person is a licensee or is not an excluded person;\nthe date and time the declaration is completed.\nBefore allowing the person to physically possess and use a weapon at the approved range, the range officer must sign the approved form declaring that the range officer—\ninspected the person’s photographic identification; and\nif the person states in the approved form that the person is a licensee, inspected the person’s licence; and\nwas satisfied—\nthe person signing the approved form appeared to be the person shown in the photographic identification; and\nafter inspecting the completed approved form—\nthat information in the completed approved form agreed with information shown on the photographic identification; and\nthat the person is a licensee or, on the information contained in the approved form, is not an excluded person.\nMaximum penalty—20 penalty units.\nIt is a condition of the approved shooting club’s shooting club permit that the club must keep the approved form for 3 years after the approved form is signed.\nThe range officer must ensure the person is supervised by the range officer or another range officer at all times when the person is in physical possession of the weapon.\nMaximum penalty—20 penalty units.\nFor subsection (5) , if the person is in physical possession of a category H weapon, the supervision of the person by a range officer must be direct, personal and exclusive supervision by the range officer at all times when that person is in physical possession of the weapon.\nFor subsection (8) , definition excluded person , paragraphs (b) , (c) and (d) , it is irrelevant whether or not the conviction is a spent conviction, provided the conviction is recorded.\nIn this section—\nexcluded person means a person—\nwho is a disqualified person; or\nwho has a conviction for a class A serious offence; or\nwho, within 10 years before the day the person signs the approved form under this section—\nhas been convicted of a class B serious offence; or\nhas been released from lawful custody in relation to a conviction for a class B serious offence; or\nhas been subject to a supervision order in relation to a conviction for a class B serious offence; or\nwho, within 5 years before the day the person signs the approved form under this section—\nhas been convicted of a class C serious offence; or\nhas been released from lawful custody in relation to a conviction for a class C serious offence; or\nhas been subject to a supervision order in relation to a conviction for a class C serious offence; or\nwho, within 5 years before the day the person signs the approved form under this section, has been subject to a domestic violence order, other than a temporary protection order, or a police protection direction; or\nwho is subject to a temporary protection order, police protection notice or release conditions; or\nwho is prevented by another order of a Queensland court or another court outside Queensland from holding a licence or possessing a weapon unless the order permits the person to possess or use a weapon under supervision; or\nwho, within 5 years before the day the person signs the approved form under this section, has been subject to an involuntary assessment order under the Mental Health Act 2016 or a similar order under the repealed Mental Health Act 2000 , or a similar order in another State; or\nwho has been refused a licence, or whose licence has been revoked, within 5 years before the day the person signs the approved form under this section because the person is not, or is no longer, a fit and proper person to hold a licence; or\nwhose licence is suspended.\ns 53 sub 1994 No. 13 s 10\namd 1997 No. 48 s 3 sch 2\nsub 2003 No. 37 s 31\namd 2007 No. 1 s 32 sch 2 ; 2016 No. 5 s 923 sch 4 ; 2016 No. 51 s 71 ; 2024 No. 45 s 69 ; 2025 No. 18 s 81\n(sec.53-ssec.1) This section applies to a person— who is not a licensee; or who is a licensee but is not authorised to possess the weapon the person proposes to physically possess and use under this section.\n(sec.53-ssec.2) The person may physically possess and use a weapon at an approved range for the category of weapon if, immediately before possessing and using the weapon, the person— produces for the inspection of a range officer at the range photographic identification identifying the person; and weapons licence driver licence completes and signs an approved form stating the following and gives the form to the range officer— the person’s name, residential address and date of birth; that the person is a licensee or is not an excluded person; the date and time the declaration is completed.\n(sec.53-ssec.3) Before allowing the person to physically possess and use a weapon at the approved range, the range officer must sign the approved form declaring that the range officer— inspected the person’s photographic identification; and if the person states in the approved form that the person is a licensee, inspected the person’s licence; and was satisfied— the person signing the approved form appeared to be the person shown in the photographic identification; and after inspecting the completed approved form— that information in the completed approved form agreed with information shown on the photographic identification; and that the person is a licensee or, on the information contained in the approved form, is not an excluded person. Maximum penalty—20 penalty units.\n(sec.53-ssec.4) It is a condition of the approved shooting club’s shooting club permit that the club must keep the approved form for 3 years after the approved form is signed.\n(sec.53-ssec.5) The range officer must ensure the person is supervised by the range officer or another range officer at all times when the person is in physical possession of the weapon. Maximum penalty—20 penalty units.\n(sec.53-ssec.6) For subsection (5) , if the person is in physical possession of a category H weapon, the supervision of the person by a range officer must be direct, personal and exclusive supervision by the range officer at all times when that person is in physical possession of the weapon.\n(sec.53-ssec.7) For subsection (8) , definition excluded person , paragraphs (b) , (c) and (d) , it is irrelevant whether or not the conviction is a spent conviction, provided the conviction is recorded.\n(sec.53-ssec.8) In this section— excluded person means a person— who is a disqualified person; or who has a conviction for a class A serious offence; or who, within 10 years before the day the person signs the approved form under this section— has been convicted of a class B serious offence; or has been released from lawful custody in relation to a conviction for a class B serious offence; or has been subject to a supervision order in relation to a conviction for a class B serious offence; or who, within 5 years before the day the person signs the approved form under this section— has been convicted of a class C serious offence; or has been released from lawful custody in relation to a conviction for a class C serious offence; or has been subject to a supervision order in relation to a conviction for a class C serious offence; or who, within 5 years before the day the person signs the approved form under this section, has been subject to a domestic violence order, other than a temporary protection order, or a police protection direction; or who is subject to a temporary protection order, police protection notice or release conditions; or who is prevented by another order of a Queensland court or another court outside Queensland from holding a licence or possessing a weapon unless the order permits the person to possess or use a weapon under supervision; or who, within 5 years before the day the person signs the approved form under this section, has been subject to an involuntary assessment order under the Mental Health Act 2016 or a similar order under the repealed Mental Health Act 2000 , or a similar order in another State; or who has been refused a licence, or whose licence has been revoked, within 5 years before the day the person signs the approved form under this section because the person is not, or is no longer, a fit and proper person to hold a licence; or whose licence is suspended.\n- (a) who is not a licensee; or\n- (b) who is a licensee but is not authorised to possess the weapon the person proposes to physically possess and use under this section.\n- (a) produces for the inspection of a range officer at the range photographic identification identifying the person; and Examples of photographic identification— • weapons licence • driver licence\n- • weapons licence\n- • driver licence\n- (b) completes and signs an approved form stating the following and gives the form to the range officer— (i) the person’s name, residential address and date of birth; (ii) that the person is a licensee or is not an excluded person; (iii) the date and time the declaration is completed.\n- (i) the person’s name, residential address and date of birth;\n- (ii) that the person is a licensee or is not an excluded person;\n- (iii) the date and time the declaration is completed.\n- • weapons licence\n- • driver licence\n- (i) the person’s name, residential address and date of birth;\n- (ii) that the person is a licensee or is not an excluded person;\n- (iii) the date and time the declaration is completed.\n- (a) inspected the person’s photographic identification; and\n- (b) if the person states in the approved form that the person is a licensee, inspected the person’s licence; and\n- (c) was satisfied— (i) the person signing the approved form appeared to be the person shown in the photographic identification; and (ii) after inspecting the completed approved form— (A) that information in the completed approved form agreed with information shown on the photographic identification; and (B) that the person is a licensee or, on the information contained in the approved form, is not an excluded person.\n- (i) the person signing the approved form appeared to be the person shown in the photographic identification; and\n- (ii) after inspecting the completed approved form— (A) that information in the completed approved form agreed with information shown on the photographic identification; and (B) that the person is a licensee or, on the information contained in the approved form, is not an excluded person.\n- (A) that information in the completed approved form agreed with information shown on the photographic identification; and\n- (B) that the person is a licensee or, on the information contained in the approved form, is not an excluded person.\n- (i) the person signing the approved form appeared to be the person shown in the photographic identification; and\n- (ii) after inspecting the completed approved form— (A) that information in the completed approved form agreed with information shown on the photographic identification; and (B) that the person is a licensee or, on the information contained in the approved form, is not an excluded person.\n- (A) that information in the completed approved form agreed with information shown on the photographic identification; and\n- (B) that the person is a licensee or, on the information contained in the approved form, is not an excluded person.\n- (A) that information in the completed approved form agreed with information shown on the photographic identification; and\n- (B) that the person is a licensee or, on the information contained in the approved form, is not an excluded person.\n- (a) who is a disqualified person; or\n- (b) who has a conviction for a class A serious offence; or\n- (c) who, within 10 years before the day the person signs the approved form under this section— (i) has been convicted of a class B serious offence; or (ii) has been released from lawful custody in relation to a conviction for a class B serious offence; or (iii) has been subject to a supervision order in relation to a conviction for a class B serious offence; or\n- (i) has been convicted of a class B serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class B serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class B serious offence; or\n- (d) who, within 5 years before the day the person signs the approved form under this section— (i) has been convicted of a class C serious offence; or (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or\n- (i) has been convicted of a class C serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or\n- (e) who, within 5 years before the day the person signs the approved form under this section, has been subject to a domestic violence order, other than a temporary protection order, or a police protection direction; or\n- (f) who is subject to a temporary protection order, police protection notice or release conditions; or\n- (g) who is prevented by another order of a Queensland court or another court outside Queensland from holding a licence or possessing a weapon unless the order permits the person to possess or use a weapon under supervision; or\n- (h) who, within 5 years before the day the person signs the approved form under this section, has been subject to an involuntary assessment order under the Mental Health Act 2016 or a similar order under the repealed Mental Health Act 2000 , or a similar order in another State; or\n- (i) who has been refused a licence, or whose licence has been revoked, within 5 years before the day the person signs the approved form under this section because the person is not, or is no longer, a fit and proper person to hold a licence; or\n- (j) whose licence is suspended.\n- (i) has been convicted of a class B serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class B serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class B serious offence; or\n- (i) has been convicted of a class C serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or","sortOrder":98},{"sectionNumber":"sec.54","sectionType":"section","heading":"Possession or use of weapon by unlicensed person in primary production sometimes allowed","content":"### sec.54 Possession or use of weapon by unlicensed person in primary production sometimes allowed\n\nIn this section—\nprimary producer means a person who—\nhas a licence; and\nusually carries out primary production on land (the primary producer’s land ), even if only as an agent or employee of another person.\nweapon means a weapon that a primary producer possesses under the authority of a licence.\nA person who is an agent, employee or member of the immediate family of the primary producer may possess or use a weapon on the primary producer’s land, even if the person does not hold a licence for that category of weapon, if the person—\nassists the primary producer with primary production on the land; and\nis eligible to obtain a licence to possess a weapon; and\nonly uses the weapon with the express consent of the primary producer; and\nonly uses the weapon in connection with carrying out primary production on the land.\ns 54 sub 1994 No. 13 s 10\namd 1996 No. 41 s 3 sch 1 ; 1997 No. 48 s 3 sch 2 ; 1998 No. 19 s 32 ; 2003 No. 37 s 32\n(sec.54-ssec.1) In this section— primary producer means a person who— has a licence; and usually carries out primary production on land (the primary producer’s land ), even if only as an agent or employee of another person. weapon means a weapon that a primary producer possesses under the authority of a licence.\n(sec.54-ssec.2) A person who is an agent, employee or member of the immediate family of the primary producer may possess or use a weapon on the primary producer’s land, even if the person does not hold a licence for that category of weapon, if the person— assists the primary producer with primary production on the land; and is eligible to obtain a licence to possess a weapon; and only uses the weapon with the express consent of the primary producer; and only uses the weapon in connection with carrying out primary production on the land.\n- (a) has a licence; and\n- (b) usually carries out primary production on land (the primary producer’s land ), even if only as an agent or employee of another person.\n- (a) assists the primary producer with primary production on the land; and\n- (b) is eligible to obtain a licence to possess a weapon; and\n- (c) only uses the weapon with the express consent of the primary producer; and\n- (d) only uses the weapon in connection with carrying out primary production on the land.","sortOrder":99},{"sectionNumber":"sec.55","sectionType":"section","heading":"Use of weapons by particular unlicensed persons at shooting gallery allowed","content":"### sec.55 Use of weapons by particular unlicensed persons at shooting gallery allowed\n\nA person ( customer ) using a shooting gallery may physically possess and use a weapon allowed under the conditions of approval of the shooting gallery, even if the person is not the holder of a licence for the category of weapon.\nHowever, a person conducting a shooting gallery must not allow the customer to physically possess and use the weapon unless the customer—\nfor a shooting gallery being used for paint-pellet sports—is at least 15 years; or\nfor a shooting gallery not being used for paint-pellet sports—is at least 11 years.\nMaximum penalty for subsection (2) —20 penalty units.\ns 55 prev s 55 amd 1994 No. 13 s 3 sch ; 1995 No. 57 s 4 sch 1\nom 1996 No. 41 s 20\npres s 55 sub 1994 No. 13 s 10\namd 1997 No. 48 s 24\n(sec.55-ssec.1) A person ( customer ) using a shooting gallery may physically possess and use a weapon allowed under the conditions of approval of the shooting gallery, even if the person is not the holder of a licence for the category of weapon.\n(sec.55-ssec.2) However, a person conducting a shooting gallery must not allow the customer to physically possess and use the weapon unless the customer— for a shooting gallery being used for paint-pellet sports—is at least 15 years; or for a shooting gallery not being used for paint-pellet sports—is at least 11 years. Maximum penalty for subsection (2) —20 penalty units.\n- (a) for a shooting gallery being used for paint-pellet sports—is at least 15 years; or\n- (b) for a shooting gallery not being used for paint-pellet sports—is at least 11 years.","sortOrder":100},{"sectionNumber":"sec.55A","sectionType":"section","heading":"Possession of weapons supplied by theatrical ordnance supplier","content":"### sec.55A Possession of weapons supplied by theatrical ordnance supplier\n\nA person may have physical possession of and use a weapon supplied to the person by a theatrical ordnance supplier under section 118 for use in a theatrical, film or television production if the use is personally supervised by the supplier.\ns 55A ins 1997 No. 48 s 25","sortOrder":101},{"sectionNumber":"sec.56","sectionType":"section","heading":"Discharge of weapon on private land without owner’s consent prohibited","content":"### sec.56 Discharge of weapon on private land without owner’s consent prohibited\n\nIn this section—\nowner of private land includes the occupier of the land.\nprivate land means land that is not a public place.\nweapon includes an antique firearm, spear gun, longbow and slingshot.\nA person must not, without reasonable excuse, discharge a weapon on or across private land without the express consent of the owner.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nA person must not carry a weapon on private land without the express consent of the owner unless—\nthe person has a reasonable excuse; or\nthe weapon is unloaded, broken or for another reason can not be readily discharged.\nMaximum penalty—40 penalty units.\ns 56 prev s 56 sub 1994 No. 13 s 11\nom 1996 No. 41 s 20\npres s 56 sub 1994 No. 13 s 10\namd 1996 No. 41 s 10 ; 1998 No. 19 s 33 ; 2003 No. 92 s 70 ; 2011 No. 37 s 11\n(sec.56-ssec.1) In this section— owner of private land includes the occupier of the land. private land means land that is not a public place. weapon includes an antique firearm, spear gun, longbow and slingshot.\n(sec.56-ssec.2) A person must not, without reasonable excuse, discharge a weapon on or across private land without the express consent of the owner. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.56-ssec.3) A person must not carry a weapon on private land without the express consent of the owner unless— the person has a reasonable excuse; or the weapon is unloaded, broken or for another reason can not be readily discharged. Maximum penalty—40 penalty units.\n- (a) the person has a reasonable excuse; or\n- (b) the weapon is unloaded, broken or for another reason can not be readily discharged.","sortOrder":102},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Reckless discharge of weapon towards building or vehicle","content":"### sec.56A Reckless discharge of weapon towards building or vehicle\n\nA person must not, with reckless disregard for the safety of any person, discharge a weapon towards a building or vehicle.\nMaximum penalty—\nfor an offence that is a prescribed offence—1,000 penalty units or 20 years imprisonment; or\notherwise—800 penalty units or 16 years imprisonment.\nFor subsection (1) , it is irrelevant whether a person’s safety was in fact endangered by the discharging of the weapon.\nThe Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of the Attorney-General or the Director of Public Prosecutions.\nIn this section—\nprescribed offence means—\nan offence against this section if, when the offence was committed, the offender was a participant in a criminal organisation; or\nan offence against this section that relates to—\na building that is, or is on, a place of religious worship; or\na vehicle that is in or on a place of religious worship; or\nan offence against this section if the offender was wholly or partially motivated to commit the offence by hatred or serious contempt for a person or group of persons based on—\nin relation to a person—an attribute, or presumed attribute, of the person mentioned in the Criminal Code , section 52B (1) (a) ; or\nin relation to a group of persons—an attribute mentioned in the Criminal Code , section 52B (1) (b) that is shared, or presumed to be shared, by the members of the group.\nweapon includes an antique firearm, longbow, spear gun, slingshot or shanghai.\ns 56A ins 2026 No. 4 s 68\n(sec.56A-ssec.1) A person must not, with reckless disregard for the safety of any person, discharge a weapon towards a building or vehicle. Maximum penalty— for an offence that is a prescribed offence—1,000 penalty units or 20 years imprisonment; or otherwise—800 penalty units or 16 years imprisonment.\n(sec.56A-ssec.2) For subsection (1) , it is irrelevant whether a person’s safety was in fact endangered by the discharging of the weapon.\n(sec.56A-ssec.3) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\n(sec.56A-ssec.4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of the Attorney-General or the Director of Public Prosecutions.\n(sec.56A-ssec.5) In this section— prescribed offence means— an offence against this section if, when the offence was committed, the offender was a participant in a criminal organisation; or an offence against this section that relates to— a building that is, or is on, a place of religious worship; or a vehicle that is in or on a place of religious worship; or an offence against this section if the offender was wholly or partially motivated to commit the offence by hatred or serious contempt for a person or group of persons based on— in relation to a person—an attribute, or presumed attribute, of the person mentioned in the Criminal Code , section 52B (1) (a) ; or in relation to a group of persons—an attribute mentioned in the Criminal Code , section 52B (1) (b) that is shared, or presumed to be shared, by the members of the group. weapon includes an antique firearm, longbow, spear gun, slingshot or shanghai.\n- (a) for an offence that is a prescribed offence—1,000 penalty units or 20 years imprisonment; or\n- (b) otherwise—800 penalty units or 16 years imprisonment.\n- (a) an offence against this section if, when the offence was committed, the offender was a participant in a criminal organisation; or\n- (b) an offence against this section that relates to— (i) a building that is, or is on, a place of religious worship; or (ii) a vehicle that is in or on a place of religious worship; or\n- (i) a building that is, or is on, a place of religious worship; or\n- (ii) a vehicle that is in or on a place of religious worship; or\n- (c) an offence against this section if the offender was wholly or partially motivated to commit the offence by hatred or serious contempt for a person or group of persons based on— (i) in relation to a person—an attribute, or presumed attribute, of the person mentioned in the Criminal Code , section 52B (1) (a) ; or (ii) in relation to a group of persons—an attribute mentioned in the Criminal Code , section 52B (1) (b) that is shared, or presumed to be shared, by the members of the group.\n- (i) in relation to a person—an attribute, or presumed attribute, of the person mentioned in the Criminal Code , section 52B (1) (a) ; or\n- (ii) in relation to a group of persons—an attribute mentioned in the Criminal Code , section 52B (1) (b) that is shared, or presumed to be shared, by the members of the group.\n- (i) a building that is, or is on, a place of religious worship; or\n- (ii) a vehicle that is in or on a place of religious worship; or\n- (i) in relation to a person—an attribute, or presumed attribute, of the person mentioned in the Criminal Code , section 52B (1) (a) ; or\n- (ii) in relation to a group of persons—an attribute mentioned in the Criminal Code , section 52B (1) (b) that is shared, or presumed to be shared, by the members of the group.","sortOrder":103},{"sectionNumber":"sec.57","sectionType":"section","heading":"Particular conduct involving a weapon in a public place prohibited","content":"### sec.57 Particular conduct involving a weapon in a public place prohibited\n\nIn this section—\npublic place includes a vehicle that is in or on a public place.\nweapon includes—\nan antique firearm, spear gun, longbow or sword; and\na replica of a weapon; and\na replica of a thing mentioned in paragraph (a) ; and\na slingshot or shanghai.\nA person must not, without reasonable excuse, carry a weapon exposed to view in a public place.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nA person must not, without reasonable excuse, carry in a public place a loaded firearm or a weapon capable of being discharged.\nMaximum penalty—120 penalty units or 2 years imprisonment.\nA person must not, without reasonable excuse, discharge a weapon in, into, towards, over or through a public place.\nMaximum penalty—200 penalty units or 4 years imprisonment.\nIt is a reasonable excuse for subsection (2) to carry a sword exposed to view in a public place—\nto perform a lawful activity, duty or employment; or\nto participate in a lawful entertainment, recreation or sport; or\nto exhibit the sword; or\nfor use for a lawful purpose.\nA person may carry a sword for ceremonial purposes at an official function attended by the Governor.\nA person may carry a sword as an accessory while playing in a pipe band.\nA person who collects swords may exhibit them at a fete or another public gathering.\nA person may carry a sword as part of an official uniform the person is entitled to wear.\nIt is not a reasonable excuse for subsection (2) or (3) to carry a weapon in a public place for self-defence purposes.\nIn deciding what is a reasonable excuse for subsection (2) or (3) , regard may be had, among other things, to whether the way the weapon is carried, or when and where it is carried, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.\ns 57 prev s 57 amd 1994 No. 13 s 3 sch\nom 1996 No. 41 s 20\npres s 57 sub 1994 No. 13 s 10\namd 1996 No. 41 s 11 ; 1998 No. 19 s 34 ; 1999 No. 19 s 3 sch ; 2003 No. 92 ss 58 , 71 ; 2011 No. 37 s 12 ; 2016 No. 48 s 17\n(sec.57-ssec.1) In this section— public place includes a vehicle that is in or on a public place. weapon includes— an antique firearm, spear gun, longbow or sword; and a replica of a weapon; and a replica of a thing mentioned in paragraph (a) ; and a slingshot or shanghai.\n(sec.57-ssec.2) A person must not, without reasonable excuse, carry a weapon exposed to view in a public place. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.57-ssec.3) A person must not, without reasonable excuse, carry in a public place a loaded firearm or a weapon capable of being discharged. Maximum penalty—120 penalty units or 2 years imprisonment.\n(sec.57-ssec.4) A person must not, without reasonable excuse, discharge a weapon in, into, towards, over or through a public place. Maximum penalty—200 penalty units or 4 years imprisonment.\n(sec.57-ssec.5) It is a reasonable excuse for subsection (2) to carry a sword exposed to view in a public place— to perform a lawful activity, duty or employment; or to participate in a lawful entertainment, recreation or sport; or to exhibit the sword; or for use for a lawful purpose. A person may carry a sword for ceremonial purposes at an official function attended by the Governor. A person may carry a sword as an accessory while playing in a pipe band. A person who collects swords may exhibit them at a fete or another public gathering. A person may carry a sword as part of an official uniform the person is entitled to wear.\n(sec.57-ssec.6) It is not a reasonable excuse for subsection (2) or (3) to carry a weapon in a public place for self-defence purposes.\n(sec.57-ssec.7) In deciding what is a reasonable excuse for subsection (2) or (3) , regard may be had, among other things, to whether the way the weapon is carried, or when and where it is carried, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.\n- (a) an antique firearm, spear gun, longbow or sword; and\n- (b) a replica of a weapon; and\n- (c) a replica of a thing mentioned in paragraph (a) ; and\n- (d) a slingshot or shanghai.\n- (a) to perform a lawful activity, duty or employment; or\n- (b) to participate in a lawful entertainment, recreation or sport; or\n- (c) to exhibit the sword; or\n- (d) for use for a lawful purpose. Example for paragraph (a) — A person may carry a sword for ceremonial purposes at an official function attended by the Governor. Example for paragraph (b) — A person may carry a sword as an accessory while playing in a pipe band. Example for paragraph (c) — A person who collects swords may exhibit them at a fete or another public gathering. Example for paragraph (d) — A person may carry a sword as part of an official uniform the person is entitled to wear.","sortOrder":104},{"sectionNumber":"sec.58","sectionType":"section","heading":"Dangerous conduct with weapon prohibited generally","content":"### sec.58 Dangerous conduct with weapon prohibited generally\n\nIn this section—\nweapon includes—\nan antique firearm, explosive tool, captive bolt humane killer, spear gun, longbow or sword; and\na replica of a weapon; and\na replica of a thing mentioned in paragraph (a) ; and\nan explosive; and\na slingshot or shanghai; and\na laser pointer.\nA person must not—\nwithout reasonable excuse; and\nby the physical possession or use of a weapon;\nengage in conduct, alone or with another, likely to cause—\ndeath or injury to a person; or\nunlawful destruction or damage to property; or\nalarm to another person.\nMaximum penalty—200 penalty units or 4 years imprisonment.\ns 58 ins 1994 No. 13 s 10\namd 1996 No. 41 s 3 sch 1 ; 1998 No. 19 s 35 ; 2003 No. 92 ss 59 , 72 ; 2011 No. 37 s 13\n(sec.58-ssec.1) In this section— weapon includes— an antique firearm, explosive tool, captive bolt humane killer, spear gun, longbow or sword; and a replica of a weapon; and a replica of a thing mentioned in paragraph (a) ; and an explosive; and a slingshot or shanghai; and a laser pointer.\n(sec.58-ssec.2) A person must not— without reasonable excuse; and by the physical possession or use of a weapon; engage in conduct, alone or with another, likely to cause— death or injury to a person; or unlawful destruction or damage to property; or alarm to another person. Maximum penalty—200 penalty units or 4 years imprisonment.\n- (a) an antique firearm, explosive tool, captive bolt humane killer, spear gun, longbow or sword; and\n- (b) a replica of a weapon; and\n- (c) a replica of a thing mentioned in paragraph (a) ; and\n- (d) an explosive; and\n- (e) a slingshot or shanghai; and\n- (f) a laser pointer.\n- (a) without reasonable excuse; and\n- (b) by the physical possession or use of a weapon;\n- (c) death or injury to a person; or\n- (d) unlawful destruction or damage to property; or\n- (e) alarm to another person.","sortOrder":105},{"sectionNumber":"sec.59","sectionType":"section","heading":"Possession or use of weapon under the influence of liquor or a drug prohibited","content":"### sec.59 Possession or use of weapon under the influence of liquor or a drug prohibited\n\nIn this section—\nweapon includes—\nan antique firearm, spear gun, longbow or sword; and\na replica of a thing mentioned in paragraph (a) ; and\na slingshot or shanghai; and\nan explosive.\nA person must not have physical possession of or use a weapon if the person is under the influence of liquor or a drug.\nMaximum penalty—40 penalty units.\ns 59 prev s 59 om 1996 No. 41 s 21\npres s 59 ins 1994 No. 13 s 10\namd 1996 No. 41 s 12 ; 1998 No. 19 s 36 ; 2003 No. 92 ss 60 , 73 ; 2011 No. 37 s 14\n(sec.59-ssec.1) In this section— weapon includes— an antique firearm, spear gun, longbow or sword; and a replica of a thing mentioned in paragraph (a) ; and a slingshot or shanghai; and an explosive.\n(sec.59-ssec.2) A person must not have physical possession of or use a weapon if the person is under the influence of liquor or a drug. Maximum penalty—40 penalty units.\n- (a) an antique firearm, spear gun, longbow or sword; and\n- (b) a replica of a thing mentioned in paragraph (a) ; and\n- (c) a slingshot or shanghai; and\n- (d) an explosive.","sortOrder":106},{"sectionNumber":"sec.60","sectionType":"section","heading":"Secure storage of weapons","content":"### sec.60 Secure storage of weapons\n\nA licensee who has control of a weapon at a place must keep the weapon in secure storage facilities at the place when a person is not in physical possession of the weapon.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nThe registered owner of a firearm must ensure that secure storage facilities for the firearm are available at the place shown in the firearms register as the place where the firearm is generally kept.\nMaximum penalty—100 penalty units.\ns 60 prev s 60 amd 1994 No. 13 s 3 sch\nom 1996 No. 41 s 21\npres s 60 sub 1996 No. 41 s 13 ; 2003 No. 37 s 33\n(sec.60-ssec.1) A licensee who has control of a weapon at a place must keep the weapon in secure storage facilities at the place when a person is not in physical possession of the weapon. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.60-ssec.2) The registered owner of a firearm must ensure that secure storage facilities for the firearm are available at the place shown in the firearms register as the place where the firearm is generally kept. Maximum penalty—100 penalty units.","sortOrder":107},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Lost or stolen weapons","content":"### sec.60A Lost or stolen weapons\n\nA person who owns or possesses a weapon that, while in the person’s ownership or possession, is, or apparently is, lost or stolen must report the loss or stealing to a police officer immediately the person becomes aware of the loss or stealing.\nMaximum penalty—10 penalty units.\ns 60A ins 1997 No. 48 s 26","sortOrder":108},{"sectionNumber":"sec.61","sectionType":"section","heading":"Shortening firearms","content":"### sec.61 Shortening firearms\n\nA person must not, without reasonable excuse—\nshorten a firearm; or\npossess a firearm that has been shortened; or\nacquire or sell a firearm that has been shortened.\nMaximum penalty—700 penalty units or 14 years imprisonment.\ns 61 sub 1996 No. 41 s 13\namd 2003 No. 37 s 34 ; 2011 No. 37 s 15 ; 2026 No. 4 s 69\n- (a) shorten a firearm; or\n- (b) possess a firearm that has been shortened; or\n- (c) acquire or sell a firearm that has been shortened.","sortOrder":109},{"sectionNumber":"sec.62","sectionType":"section","heading":"Modifying construction or action of firearms","content":"### sec.62 Modifying construction or action of firearms\n\nA person must not, without reasonable excuse—\nmodify the construction or action of a firearm; or\npossess a firearm the construction or action of which has been modified; or\nacquire or sell a firearm the construction or action of which has been modified.\nMaximum penalty—750 penalty units or 15 years imprisonment.\nA person must not, without reasonable excuse, make operable a firearm that is required to be, and has been, made permanently inoperable under this Act.\nMaximum penalty—750 penalty units or 15 years imprisonment.\ns 62 ins 1996 No. 41 s 13\namd 2003 No. 37 s 35 ; 2011 No. 37 s 16 ; 2026 No. 4 s 70\n(sec.62-ssec.1) A person must not, without reasonable excuse— modify the construction or action of a firearm; or possess a firearm the construction or action of which has been modified; or acquire or sell a firearm the construction or action of which has been modified. Maximum penalty—750 penalty units or 15 years imprisonment.\n(sec.62-ssec.2) A person must not, without reasonable excuse, make operable a firearm that is required to be, and has been, made permanently inoperable under this Act. Maximum penalty—750 penalty units or 15 years imprisonment.\n- (a) modify the construction or action of a firearm; or\n- (b) possess a firearm the construction or action of which has been modified; or\n- (c) acquire or sell a firearm the construction or action of which has been modified.","sortOrder":110},{"sectionNumber":"sec.63","sectionType":"section","heading":"Altering identification marks of weapons","content":"### sec.63 Altering identification marks of weapons\n\nA person must not, without reasonable excuse—\ndeface or alter any identifying serial number or mark on a weapon; or\npossess a weapon the identifying serial number or mark of which has been defaced or altered; or\nacquire or sell a weapon the identifying serial number or mark of which has been defaced or altered.\nMaximum penalty—700 penalty units or 14 years imprisonment.\ns 63 prev s 63 om 1996 No. 41 s 22\npres s 63 ins 1996 No. 41 s 13\namd 2003 No. 37 s 36 ; 2011 No. 37 s 17 ; 2026 No. 4 s 71\n- (a) deface or alter any identifying serial number or mark on a weapon; or\n- (b) possess a weapon the identifying serial number or mark of which has been defaced or altered; or\n- (c) acquire or sell a weapon the identifying serial number or mark of which has been defaced or altered.","sortOrder":111},{"sectionNumber":"sec.64","sectionType":"section","heading":"Obtaining weapons by deceit","content":"### sec.64 Obtaining weapons by deceit\n\nA person is not to obtain or gain possession of a weapon or an explosive by any deceitful or fraudulent means.\nMaximum penalty—60 penalty units or 1 year’s imprisonment.\ns 64 om 1996 No. 41 s 14\namd 1999 No. 19 s 3 sch","sortOrder":112},{"sectionNumber":"sec.65","sectionType":"section","heading":"Unlawful trafficking in weapons","content":"### sec.65 Unlawful trafficking in weapons\n\nA person who unlawfully carries on the business of trafficking in weapons or explosives commits a crime.\nMinimum penalty—\nfor an offence, committed by an adult, relating to a category H or R weapon, if at least 1 of the weapons that the offence relates to is a firearm and the person does not have a reasonable excuse for unlawfully carrying on the business—5 years imprisonment served wholly in a corrective services facility; or\nfor an offence, committed by an adult, relating to a category A, B, C, D or E weapon, a category M crossbow or explosives, if at least 1 of the weapons that the offence relates to is a firearm and the person does not have a reasonable excuse for unlawfully carrying on the business—3 1 / 2 years imprisonment served wholly in a corrective services facility.\nMaximum penalty—life imprisonment.\nFor the purpose of subsection (1) , penalty, paragraph (a) or (b) , but without limiting those provisions, it is a reasonable excuse to unlawfully carry on the business of trafficking in weapons or explosives if—\na dealer’s licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and\nthe person would have been authorised under this Act to carry on the business at the time of the offence if the licence was still in force at that time; and\nit was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.\nThe Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of the Attorney-General or the Director of Public Prosecutions.\ns 65 amd 1996 No. 41 s 3 sch 1 ; 2003 No. 5 s 15 ; 2003 No. 92 s 74 ; 2007 No. 1 s 32 sch 2 ; 2012 No. 40 s 17 ; 2016 No. 62 s 480 ; 2026 No. 4 s 72\n(sec.65-ssec.1) A person who unlawfully carries on the business of trafficking in weapons or explosives commits a crime. Minimum penalty— for an offence, committed by an adult, relating to a category H or R weapon, if at least 1 of the weapons that the offence relates to is a firearm and the person does not have a reasonable excuse for unlawfully carrying on the business—5 years imprisonment served wholly in a corrective services facility; or for an offence, committed by an adult, relating to a category A, B, C, D or E weapon, a category M crossbow or explosives, if at least 1 of the weapons that the offence relates to is a firearm and the person does not have a reasonable excuse for unlawfully carrying on the business—3 1 / 2 years imprisonment served wholly in a corrective services facility. Maximum penalty—life imprisonment.\n(sec.65-ssec.2) For the purpose of subsection (1) , penalty, paragraph (a) or (b) , but without limiting those provisions, it is a reasonable excuse to unlawfully carry on the business of trafficking in weapons or explosives if— a dealer’s licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and the person would have been authorised under this Act to carry on the business at the time of the offence if the licence was still in force at that time; and it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.\n(sec.65-ssec.3) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\n(sec.65-ssec.4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of the Attorney-General or the Director of Public Prosecutions.\n- (a) for an offence, committed by an adult, relating to a category H or R weapon, if at least 1 of the weapons that the offence relates to is a firearm and the person does not have a reasonable excuse for unlawfully carrying on the business—5 years imprisonment served wholly in a corrective services facility; or\n- (b) for an offence, committed by an adult, relating to a category A, B, C, D or E weapon, a category M crossbow or explosives, if at least 1 of the weapons that the offence relates to is a firearm and the person does not have a reasonable excuse for unlawfully carrying on the business—3 1 / 2 years imprisonment served wholly in a corrective services facility.\n- (a) a dealer’s licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and\n- (b) the person would have been authorised under this Act to carry on the business at the time of the offence if the licence was still in force at that time; and\n- (c) it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.","sortOrder":113},{"sectionNumber":"sec.66","sectionType":"section","heading":"Dispatch of weapons","content":"### sec.66 Dispatch of weapons\n\nA person may dispatch a weapon only in the way prescribed under a regulation.\nMaximum penalty—60 penalty units or 1 year’s imprisonment.\ns 66 sub 1996 No. 41 s 15","sortOrder":114},{"sectionNumber":"sec.3.14","sectionType":"section","heading":null,"content":"### Section sec.3.14\n\ns 3.14 om 1996 No. 41 s 16","sortOrder":115},{"sectionNumber":"sec.67","sectionType":"section","heading":"Possessing and acquiring restricted items","content":"### sec.67 Possessing and acquiring restricted items\n\nA person must not, without reasonable excuse, possess or acquire a restricted item.\nMaximum penalty—10 penalty units.\nHowever, subsection (1) does not apply if—\nthe restricted item is a replica of a firearm; and\nthe person is subject to a firearm prohibition order.\nSee section 141Y for offences relating to the acquisition or possession of a firearm by a person subject to a firearm prohibition order.\nFor subsection (1) , it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control.\nIt is a reasonable excuse for a person to possess or acquire a laser pointer if—\neach of the following apply—\nthe person is a member of a recognised astronomical organisation or a person being personally supervised by a member of a recognised astronomical organisation;\nthe person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with astronomy;\nthe laser pointer has a power output of less than 20 milliwatts; or\nboth of the following apply—\nthe person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with a recognised occupation;\nthe laser pointer has a power output of less than 20 milliwatts; or\nboth of the following apply—\nthe person holds a licence that authorises possession of a firearm in relation to which the laser pointer may be used;\nthe laser pointer has a power output of less than 10 milliwatts.\nIt is a reasonable excuse for a person to possess or acquire a restricted item that is a replica of a firearm if—\nboth of the following apply—\nthe person is a member of an association, whether or not incorporated, that provides recreational activities involving replicas of firearms and the activities are conducted other than in, and in a way not reasonably able to be seen from, a public place;\nthe person’s reason for possession or acquisition of the replica of a firearm is to participate in the recreational activities; or\nboth of the following apply—\nthe person is the holder of a collector’s licence;\nthe person’s reason for possession or acquisition of the replica of the firearm is for it to be part of the holder’s collection of weapons.\nIt is a reasonable excuse for a person to possess or acquire a weapon that is permanently inoperable and would be, if it were not permanently inoperable, a category A, B or C weapon if—\nthe person is the holder of a collector’s licence; and\nthe person’s reason for possession or acquisition of the weapon is for it to be part of the holder’s collection of weapons.\nSubsections (4) to (6) do not limit what may be a reasonable excuse for subsection (1) .\nFor subsection (9) , definitions recognised astronomical organisation and recognised occupation —\nan astronomical organisation or an occupation may only be published on the QPS website once and for not more than 6 months; and\nany publication of an organisation or occupation on the QPS website has no effect to the extent it does not comply with paragraph (a) .\nIn this section—\nassociation see the Associations Incorporation Act 1981 .\nrecognised astronomical organisation means an astronomical organisation—\nprescribed under a regulation; or\npublished on the QPS website for this paragraph.\nrecognised occupation means an occupation—\nprescribed under a regulation; or\npublished on the QPS website for this paragraph.\nrestricted item means an item prescribed as a restricted item under the Weapons Categories Regulation 1997 .\ns 67 amd 1994 No. 13 s 3 sch ; 1996 No. 41 s 3 sch 1\nsub 1997 No. 48 s 27\namd 2011 No. 37 s 18 ; 2020 No. 23 s 62 ; 2024 No. 45 s 70\n(sec.67-ssec.1) A person must not, without reasonable excuse, possess or acquire a restricted item. Maximum penalty—10 penalty units.\n(sec.67-ssec.2) However, subsection (1) does not apply if— the restricted item is a replica of a firearm; and the person is subject to a firearm prohibition order. See section 141Y for offences relating to the acquisition or possession of a firearm by a person subject to a firearm prohibition order.\n(sec.67-ssec.3) For subsection (1) , it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control.\n(sec.67-ssec.4) It is a reasonable excuse for a person to possess or acquire a laser pointer if— each of the following apply— the person is a member of a recognised astronomical organisation or a person being personally supervised by a member of a recognised astronomical organisation; the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with astronomy; the laser pointer has a power output of less than 20 milliwatts; or both of the following apply— the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with a recognised occupation; the laser pointer has a power output of less than 20 milliwatts; or both of the following apply— the person holds a licence that authorises possession of a firearm in relation to which the laser pointer may be used; the laser pointer has a power output of less than 10 milliwatts.\n(sec.67-ssec.5) It is a reasonable excuse for a person to possess or acquire a restricted item that is a replica of a firearm if— both of the following apply— the person is a member of an association, whether or not incorporated, that provides recreational activities involving replicas of firearms and the activities are conducted other than in, and in a way not reasonably able to be seen from, a public place; the person’s reason for possession or acquisition of the replica of a firearm is to participate in the recreational activities; or both of the following apply— the person is the holder of a collector’s licence; the person’s reason for possession or acquisition of the replica of the firearm is for it to be part of the holder’s collection of weapons.\n(sec.67-ssec.6) It is a reasonable excuse for a person to possess or acquire a weapon that is permanently inoperable and would be, if it were not permanently inoperable, a category A, B or C weapon if— the person is the holder of a collector’s licence; and the person’s reason for possession or acquisition of the weapon is for it to be part of the holder’s collection of weapons.\n(sec.67-ssec.7) Subsections (4) to (6) do not limit what may be a reasonable excuse for subsection (1) .\n(sec.67-ssec.8) For subsection (9) , definitions recognised astronomical organisation and recognised occupation — an astronomical organisation or an occupation may only be published on the QPS website once and for not more than 6 months; and any publication of an organisation or occupation on the QPS website has no effect to the extent it does not comply with paragraph (a) .\n(sec.67-ssec.9) In this section— association see the Associations Incorporation Act 1981 . recognised astronomical organisation means an astronomical organisation— prescribed under a regulation; or published on the QPS website for this paragraph. recognised occupation means an occupation— prescribed under a regulation; or published on the QPS website for this paragraph. restricted item means an item prescribed as a restricted item under the Weapons Categories Regulation 1997 .\n- (a) the restricted item is a replica of a firearm; and\n- (b) the person is subject to a firearm prohibition order. Note— See section 141Y for offences relating to the acquisition or possession of a firearm by a person subject to a firearm prohibition order.\n- (a) each of the following apply— (i) the person is a member of a recognised astronomical organisation or a person being personally supervised by a member of a recognised astronomical organisation; (ii) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with astronomy; (iii) the laser pointer has a power output of less than 20 milliwatts; or\n- (i) the person is a member of a recognised astronomical organisation or a person being personally supervised by a member of a recognised astronomical organisation;\n- (ii) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with astronomy;\n- (iii) the laser pointer has a power output of less than 20 milliwatts; or\n- (b) both of the following apply— (i) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with a recognised occupation; (ii) the laser pointer has a power output of less than 20 milliwatts; or\n- (i) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with a recognised occupation;\n- (ii) the laser pointer has a power output of less than 20 milliwatts; or\n- (c) both of the following apply— (i) the person holds a licence that authorises possession of a firearm in relation to which the laser pointer may be used; (ii) the laser pointer has a power output of less than 10 milliwatts.\n- (i) the person holds a licence that authorises possession of a firearm in relation to which the laser pointer may be used;\n- (ii) the laser pointer has a power output of less than 10 milliwatts.\n- (i) the person is a member of a recognised astronomical organisation or a person being personally supervised by a member of a recognised astronomical organisation;\n- (ii) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with astronomy;\n- (iii) the laser pointer has a power output of less than 20 milliwatts; or\n- (i) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with a recognised occupation;\n- (ii) the laser pointer has a power output of less than 20 milliwatts; or\n- (i) the person holds a licence that authorises possession of a firearm in relation to which the laser pointer may be used;\n- (ii) the laser pointer has a power output of less than 10 milliwatts.\n- (a) both of the following apply— (i) the person is a member of an association, whether or not incorporated, that provides recreational activities involving replicas of firearms and the activities are conducted other than in, and in a way not reasonably able to be seen from, a public place; (ii) the person’s reason for possession or acquisition of the replica of a firearm is to participate in the recreational activities; or\n- (i) the person is a member of an association, whether or not incorporated, that provides recreational activities involving replicas of firearms and the activities are conducted other than in, and in a way not reasonably able to be seen from, a public place;\n- (ii) the person’s reason for possession or acquisition of the replica of a firearm is to participate in the recreational activities; or\n- (b) both of the following apply— (i) the person is the holder of a collector’s licence; (ii) the person’s reason for possession or acquisition of the replica of the firearm is for it to be part of the holder’s collection of weapons.\n- (i) the person is the holder of a collector’s licence;\n- (ii) the person’s reason for possession or acquisition of the replica of the firearm is for it to be part of the holder’s collection of weapons.\n- (i) the person is a member of an association, whether or not incorporated, that provides recreational activities involving replicas of firearms and the activities are conducted other than in, and in a way not reasonably able to be seen from, a public place;\n- (ii) the person’s reason for possession or acquisition of the replica of a firearm is to participate in the recreational activities; or\n- (i) the person is the holder of a collector’s licence;\n- (ii) the person’s reason for possession or acquisition of the replica of the firearm is for it to be part of the holder’s collection of weapons.\n- (a) the person is the holder of a collector’s licence; and\n- (b) the person’s reason for possession or acquisition of the weapon is for it to be part of the holder’s collection of weapons.\n- (a) an astronomical organisation or an occupation may only be published on the QPS website once and for not more than 6 months; and\n- (b) any publication of an organisation or occupation on the QPS website has no effect to the extent it does not comply with paragraph (a) .\n- (a) prescribed under a regulation; or\n- (b) published on the QPS website for this paragraph.\n- (a) prescribed under a regulation; or\n- (b) published on the QPS website for this paragraph.","sortOrder":116},{"sectionNumber":"sec.67A","sectionType":"section","heading":"Possession and distribution of blueprint material for manufacture of firearms","content":"### sec.67A Possession and distribution of blueprint material for manufacture of firearms\n\nA person must not possess or distribute blueprint material for the manufacture of a firearm on a 3D printer or an electronic milling machine.\nMaximum penalty—500 penalty units or 10 years imprisonment.\nFor subsection (1) , a person does not possess blueprint material merely because the person is able to access the material on the internet.\ns 67A ins 2026 No. 4 s 74\n(sec.67A-ssec.1) A person must not possess or distribute blueprint material for the manufacture of a firearm on a 3D printer or an electronic milling machine. Maximum penalty—500 penalty units or 10 years imprisonment.\n(sec.67A-ssec.2) For subsection (1) , a person does not possess blueprint material merely because the person is able to access the material on the internet.","sortOrder":117},{"sectionNumber":"sec.67B","sectionType":"section","heading":"Defences for offences against s 67A","content":"### sec.67B Defences for offences against s 67A\n\nIt is a defence to an offence against section 67A for the person to prove that—\nthe person did not know, and could not reasonably be expected to have known, that the person possessed or distributed the blueprint material; or\nthe person possessed or distributed the blueprint material for use for a lawful purpose; or\na person who holds a licence that authorises the person to manufacture a firearm possesses blueprint material for the manufacture of the firearm\na person who holds a licence that authorises the person to manufacture a firearm distributes blueprint material for the manufacture of the firearm to an employee who is involved in manufacturing the firearm\nthe person’s conduct in relation to the blueprint material was of public benefit and did not extend beyond what was of public benefit.\nIt is a defence to an offence against section 67A relating to the possession of blueprint material for the person to prove that—\nthe material came into the person’s possession unsolicited; and\nas soon as the person became aware of the nature of the material, the person took reasonable steps to ensure the person no longer possessed the material.\nFor subsection (1) (c) —\nconduct is of public benefit only if the conduct is necessary for, or of assistance in—\nenforcing or administering a law of a State or the Commonwealth; or\nmonitoring compliance with, or investigating a contravention of, a law of a State or the Commonwealth; or\nthe administration of justice; and\nthe question of whether the person’s conduct is of public benefit is a question of fact and the person’s motive for engaging in the conduct is irrelevant.\ns 67B ins 2026 No. 4 s 74\n(sec.67B-ssec.1) It is a defence to an offence against section 67A for the person to prove that— the person did not know, and could not reasonably be expected to have known, that the person possessed or distributed the blueprint material; or the person possessed or distributed the blueprint material for use for a lawful purpose; or a person who holds a licence that authorises the person to manufacture a firearm possesses blueprint material for the manufacture of the firearm a person who holds a licence that authorises the person to manufacture a firearm distributes blueprint material for the manufacture of the firearm to an employee who is involved in manufacturing the firearm the person’s conduct in relation to the blueprint material was of public benefit and did not extend beyond what was of public benefit.\n(sec.67B-ssec.2) It is a defence to an offence against section 67A relating to the possession of blueprint material for the person to prove that— the material came into the person’s possession unsolicited; and as soon as the person became aware of the nature of the material, the person took reasonable steps to ensure the person no longer possessed the material.\n(sec.67B-ssec.3) For subsection (1) (c) — conduct is of public benefit only if the conduct is necessary for, or of assistance in— enforcing or administering a law of a State or the Commonwealth; or monitoring compliance with, or investigating a contravention of, a law of a State or the Commonwealth; or the administration of justice; and the question of whether the person’s conduct is of public benefit is a question of fact and the person’s motive for engaging in the conduct is irrelevant.\n- (a) the person did not know, and could not reasonably be expected to have known, that the person possessed or distributed the blueprint material; or\n- (b) the person possessed or distributed the blueprint material for use for a lawful purpose; or Examples of possession or distribution for use for a lawful purpose— • a person who holds a licence that authorises the person to manufacture a firearm possesses blueprint material for the manufacture of the firearm • a person who holds a licence that authorises the person to manufacture a firearm distributes blueprint material for the manufacture of the firearm to an employee who is involved in manufacturing the firearm\n- • a person who holds a licence that authorises the person to manufacture a firearm possesses blueprint material for the manufacture of the firearm\n- • a person who holds a licence that authorises the person to manufacture a firearm distributes blueprint material for the manufacture of the firearm to an employee who is involved in manufacturing the firearm\n- (c) the person’s conduct in relation to the blueprint material was of public benefit and did not extend beyond what was of public benefit.\n- • a person who holds a licence that authorises the person to manufacture a firearm possesses blueprint material for the manufacture of the firearm\n- • a person who holds a licence that authorises the person to manufacture a firearm distributes blueprint material for the manufacture of the firearm to an employee who is involved in manufacturing the firearm\n- (a) the material came into the person’s possession unsolicited; and\n- (b) as soon as the person became aware of the nature of the material, the person took reasonable steps to ensure the person no longer possessed the material.\n- (a) conduct is of public benefit only if the conduct is necessary for, or of assistance in— (i) enforcing or administering a law of a State or the Commonwealth; or (ii) monitoring compliance with, or investigating a contravention of, a law of a State or the Commonwealth; or (iii) the administration of justice; and\n- (i) enforcing or administering a law of a State or the Commonwealth; or\n- (ii) monitoring compliance with, or investigating a contravention of, a law of a State or the Commonwealth; or\n- (iii) the administration of justice; and\n- (b) the question of whether the person’s conduct is of public benefit is a question of fact and the person’s motive for engaging in the conduct is irrelevant.\n- (i) enforcing or administering a law of a State or the Commonwealth; or\n- (ii) monitoring compliance with, or investigating a contravention of, a law of a State or the Commonwealth; or\n- (iii) the administration of justice; and","sortOrder":118},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Dealers, armourers and employees","content":"## Dealers, armourers and employees","sortOrder":119},{"sectionNumber":"sec.68","sectionType":"section","heading":"Dealers to be licensed","content":"### sec.68 Dealers to be licensed\n\nA person must not deal in weapons in the course of business, unless the person is a licensed dealer.\nMaximum penalty—\nfor a category D, H or R weapon—100 penalty units or 2 years imprisonment; or\nfor a category C or E weapon—60 penalty units or 1 year’s imprisonment; or\nfor a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.\nSubsection (1) does not apply to a person, who is not disqualified from holding a dealer’s licence, whilst acting as an agent or employee of a licensed dealer.\ns 68 amd 1998 No. 19 s 37 ; 2003 No. 92 s 75 ; 2007 No. 1 s 32 sch 2\n(sec.68-ssec.1) A person must not deal in weapons in the course of business, unless the person is a licensed dealer. Maximum penalty— for a category D, H or R weapon—100 penalty units or 2 years imprisonment; or for a category C or E weapon—60 penalty units or 1 year’s imprisonment; or for a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.\n(sec.68-ssec.2) Subsection (1) does not apply to a person, who is not disqualified from holding a dealer’s licence, whilst acting as an agent or employee of a licensed dealer.\n- (a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; or\n- (b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; or\n- (c) for a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.","sortOrder":120},{"sectionNumber":"sec.69","sectionType":"section","heading":"Armourers to be licensed","content":"### sec.69 Armourers to be licensed\n\nUnless a person is a licensed dealer or licensed armourer or is otherwise authorised under this Act, that person is not to repair or store weapons in the course of business.\nMaximum penalty—\nfor a category D, H or R weapon—100 penalty units or 2 years imprisonment; or\nfor a category C or E weapon—60 penalty units or 1 year’s imprisonment; or\nfor a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.\nA person who is not a licensed armourer must not manufacture a weapon.\nMaximum penalty—\nfor a category D, H or R weapon—1,000 penalty units or 20 years imprisonment; or\nfor a category C or E weapon—750 penalty units or 15 years imprisonment; or\nfor a category A, B or M weapon—500 penalty units or 10 years imprisonment.\nSubsection (1) does not apply to a person, who is not disqualified from holding a dealer’s licence or an armourer’s licence, whilst acting as an agent or employee of a licensed armourer.\nA licensed armourer, or the agent or employee of the licensed armourer to whom subsection (2) refers, may carry, discharge, possess, repair and store weapons on the premises specified in the licence.\ns 69 amd 1998 No. 19 s 38 ; 2003 No. 37 s 37 ; 2003 No. 92 s 76 ; 2007 No. 1 s 32 sch 2 ; 2026 No. 4 s 75\n(sec.69-ssec.1) Unless a person is a licensed dealer or licensed armourer or is otherwise authorised under this Act, that person is not to repair or store weapons in the course of business. Maximum penalty— for a category D, H or R weapon—100 penalty units or 2 years imprisonment; or for a category C or E weapon—60 penalty units or 1 year’s imprisonment; or for a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.\n(sec.69-ssec.1A) A person who is not a licensed armourer must not manufacture a weapon. Maximum penalty— for a category D, H or R weapon—1,000 penalty units or 20 years imprisonment; or for a category C or E weapon—750 penalty units or 15 years imprisonment; or for a category A, B or M weapon—500 penalty units or 10 years imprisonment.\n(sec.69-ssec.2) Subsection (1) does not apply to a person, who is not disqualified from holding a dealer’s licence or an armourer’s licence, whilst acting as an agent or employee of a licensed armourer.\n(sec.69-ssec.3) A licensed armourer, or the agent or employee of the licensed armourer to whom subsection (2) refers, may carry, discharge, possess, repair and store weapons on the premises specified in the licence.\n- (a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; or\n- (b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; or\n- (c) for a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.\n- (a) for a category D, H or R weapon—1,000 penalty units or 20 years imprisonment; or\n- (b) for a category C or E weapon—750 penalty units or 15 years imprisonment; or\n- (c) for a category A, B or M weapon—500 penalty units or 10 years imprisonment.","sortOrder":121},{"sectionNumber":"sec.70","sectionType":"section","heading":"Employees of dealers and armourers","content":"### sec.70 Employees of dealers and armourers\n\nA licensed dealer or armourer must not employ a person who, in the course of the person’s employment, will have access to weapons unless the person is a qualified weapons employee.\nMaximum penalty—100 penalty units.\nFor subsection (1) , a person is a qualified weapons employee only if the person—\nis at least 18 years; and\nholds a licence.\nIn the course of employment as a qualified weapons employee, a person may possess any category of weapon his or her employer is authorised to possess.\nSubsection (3) has effect even if the employee is not licensed to possess the category of weapon.\nIn this section—\nemploy a person includes engage the person as an agent.\ns 70 amd 1996 No. 41 s 3 sch 1\nsub 1997 No. 48 s 29\namd 2003 No. 37 s 38\n(sec.70-ssec.1) A licensed dealer or armourer must not employ a person who, in the course of the person’s employment, will have access to weapons unless the person is a qualified weapons employee. Maximum penalty—100 penalty units.\n(sec.70-ssec.2) For subsection (1) , a person is a qualified weapons employee only if the person— is at least 18 years; and holds a licence.\n(sec.70-ssec.3) In the course of employment as a qualified weapons employee, a person may possess any category of weapon his or her employer is authorised to possess.\n(sec.70-ssec.4) Subsection (3) has effect even if the employee is not licensed to possess the category of weapon.\n(sec.70-ssec.5) In this section— employ a person includes engage the person as an agent.\n- (a) is at least 18 years; and\n- (b) holds a licence.","sortOrder":122},{"sectionNumber":"sec.70A","sectionType":"section","heading":"Obligations of armourers when modifying firearm to become different category of weapon","content":"### sec.70A Obligations of armourers when modifying firearm to become different category of weapon\n\nThis section applies if a person asks a licensed armourer to modify a firearm so that the firearm becomes a different category of weapon (the new weapons category ).\nBefore modifying the firearm, the licensed armourer must be satisfied the person holds a licence authorising the person to possess a firearm in the new weapons category.\nMaximum penalty—100 penalty units.\ns 70A ins 2020 No. 7 s 79\n(sec.70A-ssec.1) This section applies if a person asks a licensed armourer to modify a firearm so that the firearm becomes a different category of weapon (the new weapons category ).\n(sec.70A-ssec.2) Before modifying the firearm, the licensed armourer must be satisfied the person holds a licence authorising the person to possess a firearm in the new weapons category. Maximum penalty—100 penalty units.","sortOrder":123},{"sectionNumber":"sec.71","sectionType":"section","heading":"Licensed dealers and armourers to keep register","content":"### sec.71 Licensed dealers and armourers to keep register\n\nA licensed dealer or licensed armourer must keep at the premises stated on the licence a weapons register.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA licensed dealer or licensed armourer must, for each transaction involving a weapon, enter immediately in the weapons register the particulars prescribed by regulation.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA licensed dealer or licensed armourer must notify an authorised officer in the approved form of each transaction involving a weapon within 14 days after the transaction happens.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA licensed armourer must, for each modification of a firearm under section 70A , enter immediately in the weapons register the particulars prescribed by regulation.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA licensed armourer must notify an authorised officer in the approved form of each modification of a firearm under section 70A within 14 days after the modification happens.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA person must not remove a part of the weapons register, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nSubsection (6) does not prevent the correction of the weapons register in a way specified by regulation.\nIn this section—\nremove includes make illegible or unintelligible, erase or disguise.\ntransaction means receipt, acquisition, sale or transfer.\nweapons register means—\na book in the approved form, bound in a way satisfactory to an authorised officer; or\na computer register approved by the commissioner.\ns 71 amd 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 17\namd 1998 No. 19 s 39 ; 2003 No. 5 s 16 ; 2003 No. 37 s 39 ; 2020 No. 7 s 80\n(sec.71-ssec.1) A licensed dealer or licensed armourer must keep at the premises stated on the licence a weapons register. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.71-ssec.2) A licensed dealer or licensed armourer must, for each transaction involving a weapon, enter immediately in the weapons register the particulars prescribed by regulation. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.71-ssec.3) A licensed dealer or licensed armourer must notify an authorised officer in the approved form of each transaction involving a weapon within 14 days after the transaction happens. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.71-ssec.4) A licensed armourer must, for each modification of a firearm under section 70A , enter immediately in the weapons register the particulars prescribed by regulation. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.71-ssec.5) A licensed armourer must notify an authorised officer in the approved form of each modification of a firearm under section 70A within 14 days after the modification happens. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.71-ssec.6) A person must not remove a part of the weapons register, unless the person has a reasonable excuse. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.71-ssec.7) Subsection (6) does not prevent the correction of the weapons register in a way specified by regulation.\n(sec.71-ssec.8) In this section— remove includes make illegible or unintelligible, erase or disguise. transaction means receipt, acquisition, sale or transfer. weapons register means— a book in the approved form, bound in a way satisfactory to an authorised officer; or a computer register approved by the commissioner.\n- (a) a book in the approved form, bound in a way satisfactory to an authorised officer; or\n- (b) a computer register approved by the commissioner.","sortOrder":124},{"sectionNumber":"sec.72","sectionType":"section","heading":"Annual returns by licensed dealers","content":"### sec.72 Annual returns by licensed dealers\n\nEach year, a licensed dealer must, within the time determined under subsection (2) , give an authorised officer particulars, in the approved form, of all weapons held in stock by the licensed dealer as at the beginning of the anniversary day for the licensed dealer’s licence.\nMaximum penalty—60 penalty units.\nThe licensed dealer must give the particulars to an authorised officer within 2 months after the anniversary day or any extended time allowed under subsection (3) .\nAn authorised officer may extend the time within which the licensed dealer is required to give the particulars for a particular year if—\nthe licensed dealer asks the authorised officer, in writing, for an extension within 2 months after the anniversary day for the licensed dealer’s licence; and\nthe authorised officer is satisfied there are reasonable grounds for the request.\ns 72 amd 1994 No. 13 s 3 sch ; 1997 No. 48 s 30 ; 2003 No. 37 s 40\nsub 2012 No. 40 s 18\n(sec.72-ssec.1) Each year, a licensed dealer must, within the time determined under subsection (2) , give an authorised officer particulars, in the approved form, of all weapons held in stock by the licensed dealer as at the beginning of the anniversary day for the licensed dealer’s licence. Maximum penalty—60 penalty units.\n(sec.72-ssec.2) The licensed dealer must give the particulars to an authorised officer within 2 months after the anniversary day or any extended time allowed under subsection (3) .\n(sec.72-ssec.3) An authorised officer may extend the time within which the licensed dealer is required to give the particulars for a particular year if— the licensed dealer asks the authorised officer, in writing, for an extension within 2 months after the anniversary day for the licensed dealer’s licence; and the authorised officer is satisfied there are reasonable grounds for the request.\n- (a) the licensed dealer asks the authorised officer, in writing, for an extension within 2 months after the anniversary day for the licensed dealer’s licence; and\n- (b) the authorised officer is satisfied there are reasonable grounds for the request.","sortOrder":125},{"sectionNumber":"sec.73","sectionType":"section","heading":"Dealer etc. to require information","content":"### sec.73 Dealer etc. to require information\n\nA person who is a licensed dealer, a licensed armourer or an agent, employee or representative of the dealer or armourer (each of whom is a trader ) must not purchase from, trade with, sell to or deal in any weapon with a person unless—\nthe person provides the trader with the particulars prescribed under a regulation; and\nthe trader records the particulars in the weapons register maintained by the dealer or armourer.\nMaximum penalty—60 penalty units.\ns 73 amd 1996 No. 41 s 3 sch 1 ; 1997 No. 48 s 31\nsub 2003 No. 37 s 41\namd 2003 No. 92 s 61\n- (a) the person provides the trader with the particulars prescribed under a regulation; and\n- (b) the trader records the particulars in the weapons register maintained by the dealer or armourer.","sortOrder":126},{"sectionNumber":"sec.74","sectionType":"section","heading":"Licensed dealer or armourer taken to be in unlawful possession","content":"### sec.74 Licensed dealer or armourer taken to be in unlawful possession\n\nA licensed dealer or licensed armourer who, without reasonable excuse, possesses a weapon the prescribed particulars of which have not been entered in the weapons register under section 71 is taken to contravene section 50 .\ns 74 sub 1996 No. 41 s 18","sortOrder":127},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Collectors","content":"## Collectors","sortOrder":128},{"sectionNumber":"sec.75","sectionType":"section","heading":"Collector to be licensed","content":"### sec.75 Collector to be licensed\n\nA person must not collect weapons unless that person is a licensed collector for the category of weapons being collected.\nMaximum penalty—60 penalty units.\ns 75 amd 1997 No. 48 s 32 ; 2003 No. 37 s 42","sortOrder":129},{"sectionNumber":"sec.76","sectionType":"section","heading":"Collector’s licence (heirloom)","content":"### sec.76 Collector’s licence (heirloom)\n\nIt is a condition of a collector’s licence (heirloom) that the licensee may possess an heirloom firearm only if it is made permanently inoperable.\ns 76 ins 1996 No. 41 s 19\nsub 2003 No. 37 s 43","sortOrder":130},{"sectionNumber":"sec.77","sectionType":"section","heading":"Collector’s licence (weapons)","content":"### sec.77 Collector’s licence (weapons)\n\nIt is a condition of a collector’s licence (weapons) that the licensee may possess—\ncategory D, M or R weapons only if—\nfor weapons that are firearms—the weapons are made permanently inoperable; or\nfor other weapons—the weapons are inert; or\ncategory A, B or C weapons that are collectable firearms manufactured on or after 1 January 1901 only if the weapons are made temporarily inoperable; or\ncategory H weapons only if—\nthey are manufactured before 1 January 1947 and are temporarily inoperable, collectable firearms; or\nthey are manufactured on or after 1 January 1947 and are temporarily inoperable, collectable firearms and the licensee’s licence is endorsed to allow possession of collectable firearms manufactured on or after 1 January 1947; or\notherwise—they are permanently inoperable.\nIn this section—\ncollectable firearm means a firearm that is of obvious and significant commemorative, historic, thematic or investment value.\ns 77 ins 1996 No. 41 s 19\namd 1997 No. 48 s 33 ; 2001 No. 22 s 11\nsub 2003 No. 37 s 43\namd 2005 No. 17 s 41\n(sec.77-ssec.1) It is a condition of a collector’s licence (weapons) that the licensee may possess— category D, M or R weapons only if— for weapons that are firearms—the weapons are made permanently inoperable; or for other weapons—the weapons are inert; or category A, B or C weapons that are collectable firearms manufactured on or after 1 January 1901 only if the weapons are made temporarily inoperable; or category H weapons only if— they are manufactured before 1 January 1947 and are temporarily inoperable, collectable firearms; or they are manufactured on or after 1 January 1947 and are temporarily inoperable, collectable firearms and the licensee’s licence is endorsed to allow possession of collectable firearms manufactured on or after 1 January 1947; or otherwise—they are permanently inoperable.\n(sec.77-ssec.2) In this section— collectable firearm means a firearm that is of obvious and significant commemorative, historic, thematic or investment value.\n- (a) category D, M or R weapons only if— (i) for weapons that are firearms—the weapons are made permanently inoperable; or (ii) for other weapons—the weapons are inert; or\n- (i) for weapons that are firearms—the weapons are made permanently inoperable; or\n- (ii) for other weapons—the weapons are inert; or\n- (b) category A, B or C weapons that are collectable firearms manufactured on or after 1 January 1901 only if the weapons are made temporarily inoperable; or\n- (c) category H weapons only if— (i) they are manufactured before 1 January 1947 and are temporarily inoperable, collectable firearms; or (ii) they are manufactured on or after 1 January 1947 and are temporarily inoperable, collectable firearms and the licensee’s licence is endorsed to allow possession of collectable firearms manufactured on or after 1 January 1947; or (iii) otherwise—they are permanently inoperable.\n- (i) they are manufactured before 1 January 1947 and are temporarily inoperable, collectable firearms; or\n- (ii) they are manufactured on or after 1 January 1947 and are temporarily inoperable, collectable firearms and the licensee’s licence is endorsed to allow possession of collectable firearms manufactured on or after 1 January 1947; or\n- (iii) otherwise—they are permanently inoperable.\n- (i) for weapons that are firearms—the weapons are made permanently inoperable; or\n- (ii) for other weapons—the weapons are inert; or\n- (i) they are manufactured before 1 January 1947 and are temporarily inoperable, collectable firearms; or\n- (ii) they are manufactured on or after 1 January 1947 and are temporarily inoperable, collectable firearms and the licensee’s licence is endorsed to allow possession of collectable firearms manufactured on or after 1 January 1947; or\n- (iii) otherwise—they are permanently inoperable.","sortOrder":131},{"sectionNumber":"sec.78","sectionType":"section","heading":"Weapons not to be discharged or operated","content":"### sec.78 Weapons not to be discharged or operated\n\nA collector must not discharge or operate or cause or permit to be discharged or operated any weapon held or proposed to be held under a collector’s licence unless authorised to do so under a licence.\nMaximum penalty—40 penalty units.\ns 78 amd 1998 No. 19 s 40 ; 2003 No. 37 s 44","sortOrder":132},{"sectionNumber":"sec.79","sectionType":"section","heading":"Approval of arms fair","content":"### sec.79 Approval of arms fair\n\nSubject to this Act, a person or body of persons must not conduct an arms fair unless the conduct of the arms fair has been approved by an authorised officer.\nMaximum penalty—60 penalty units.\nAn authorised officer may approve the conduct of an arms fair, either unconditionally or subject to such conditions as the authorised officer may determine, in or to the effect of the approved form or may refuse an application for approval.\nAn authorised officer may at any time revoke an approval given under subsection (2) .\nWhere approval is refused or revoked, the authorised officer is to issue a notice of refusal or revocation in or to the effect of the approved form stating the specific reasons for the refusal or revocation and forward the notice to the applicant or person to whom approval had been given by registered post to the address shown in the application.\ns 79 amd 1994 No. 13 s 3 sch ; 2003 No. 37 s 45\n(sec.79-ssec.1) Subject to this Act, a person or body of persons must not conduct an arms fair unless the conduct of the arms fair has been approved by an authorised officer. Maximum penalty—60 penalty units.\n(sec.79-ssec.2) An authorised officer may approve the conduct of an arms fair, either unconditionally or subject to such conditions as the authorised officer may determine, in or to the effect of the approved form or may refuse an application for approval.\n(sec.79-ssec.3) An authorised officer may at any time revoke an approval given under subsection (2) .\n(sec.79-ssec.4) Where approval is refused or revoked, the authorised officer is to issue a notice of refusal or revocation in or to the effect of the approved form stating the specific reasons for the refusal or revocation and forward the notice to the applicant or person to whom approval had been given by registered post to the address shown in the application.","sortOrder":133},{"sectionNumber":"sec.80","sectionType":"section","heading":"Application for approval","content":"### sec.80 Application for approval\n\nAn application for approval to conduct an arms fair—\nmay be made by a licensed collector or an organisation representing licensed collectors; and\nis to be made at least 28 days prior to the proposed date for the fair; and\nis to be in or to the effect of the approved form; and\nis to be accompanied—\nby the prescribed fee; and\nsuch other information as may be required by an authorised officer.\nThe authorised officer may make or cause to be made such inquiries in respect of the application for approval as the officer considers necessary and may approve the application in the prescribed manner as the officer may determine or may refuse the application.\ns 80 amd 1994 No. 13 s 3 sch\n(sec.80-ssec.1) An application for approval to conduct an arms fair— may be made by a licensed collector or an organisation representing licensed collectors; and is to be made at least 28 days prior to the proposed date for the fair; and is to be in or to the effect of the approved form; and is to be accompanied— by the prescribed fee; and such other information as may be required by an authorised officer.\n(sec.80-ssec.2) The authorised officer may make or cause to be made such inquiries in respect of the application for approval as the officer considers necessary and may approve the application in the prescribed manner as the officer may determine or may refuse the application.\n- (a) may be made by a licensed collector or an organisation representing licensed collectors; and\n- (b) is to be made at least 28 days prior to the proposed date for the fair; and\n- (c) is to be in or to the effect of the approved form; and\n- (d) is to be accompanied— (i) by the prescribed fee; and (ii) such other information as may be required by an authorised officer.\n- (i) by the prescribed fee; and\n- (ii) such other information as may be required by an authorised officer.\n- (i) by the prescribed fee; and\n- (ii) such other information as may be required by an authorised officer.","sortOrder":134},{"sectionNumber":"sec.81","sectionType":"section","heading":"Collectors to keep register","content":"### sec.81 Collectors to keep register\n\nA licensed collector must keep at the premises stated in the licence a collection register.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA licensed collector must, for each transaction for the receipt, acquisition, sale or transfer of a weapon, enter immediately in the collection register the particulars prescribed under a regulation.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA person must not remove a part of the collections register, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nSubsection (3) does not prevent the correction of the collections register in a way specified under a regulation.\nIn this section—\ncollection register means a book in the approved form bound to the satisfaction of an authorised officer.\nremove includes make illegible or unintelligible, erase or disguise.\ns 81 sub 1996 No. 41 s 20\n(sec.81-ssec.1) A licensed collector must keep at the premises stated in the licence a collection register. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.81-ssec.2) A licensed collector must, for each transaction for the receipt, acquisition, sale or transfer of a weapon, enter immediately in the collection register the particulars prescribed under a regulation. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.81-ssec.3) A person must not remove a part of the collections register, unless the person has a reasonable excuse. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.81-ssec.4) Subsection (3) does not prevent the correction of the collections register in a way specified under a regulation.\n(sec.81-ssec.5) In this section— collection register means a book in the approved form bound to the satisfaction of an authorised officer. remove includes make illegible or unintelligible, erase or disguise.","sortOrder":135},{"sectionNumber":"sec.82","sectionType":"section","heading":"Removal of register and weapons","content":"### sec.82 Removal of register and weapons\n\nExcept as provided in subsections (2) to (4) , a licensed collector must not, without a reasonable excuse, remove any weapon or the collection register from the premises specified in the licence.\nMaximum penalty—40 penalty units.\nWhere an arms fair has been approved by an authorised officer under section 80 , a licensed collector may remove weapons from the premises specified in the licence for the purpose of display or sale for the duration of the fair.\nAt the conclusion of the fair, the licensed collector must return the weapons that have not been sold or disposed of to another licensed collector together with any additional weapons acquired by the licensed collector, to the premises specified in the licence.\nMaximum penalty—40 penalty units.\nA licensed collector who displays weapons at an arms fair approved by an authorised officer, must have possession at the fair of the collection register.\nMaximum penalty—40 penalty units.\ns 82 amd 2003 No. 37 s 46\n(sec.82-ssec.1) Except as provided in subsections (2) to (4) , a licensed collector must not, without a reasonable excuse, remove any weapon or the collection register from the premises specified in the licence. Maximum penalty—40 penalty units.\n(sec.82-ssec.2) Where an arms fair has been approved by an authorised officer under section 80 , a licensed collector may remove weapons from the premises specified in the licence for the purpose of display or sale for the duration of the fair.\n(sec.82-ssec.3) At the conclusion of the fair, the licensed collector must return the weapons that have not been sold or disposed of to another licensed collector together with any additional weapons acquired by the licensed collector, to the premises specified in the licence. Maximum penalty—40 penalty units.\n(sec.82-ssec.4) A licensed collector who displays weapons at an arms fair approved by an authorised officer, must have possession at the fair of the collection register. Maximum penalty—40 penalty units.","sortOrder":136},{"sectionNumber":"sec.83","sectionType":"section","heading":"Licensed collector leaving Queensland","content":"### sec.83 Licensed collector leaving Queensland\n\nA licensed collector who is about to leave Queensland to reside elsewhere must, before leaving, advise an authorised officer in writing of—\nthe date of departure; and\nthe proposed residence; and\nwhat is proposed to be done regarding the collection.\nMaximum penalty—20 penalty units.\nA licensed collector must not move weapons to which the licence relates from the premises specified in the licence to a place outside Queensland unless an authorised officer is satisfied that the manner of transporting the weapons ensures their safekeeping whilst in Queensland.\nMaximum penalty—20 penalty units.\ns 83 amd 2003 No. 37 s 47\n(sec.83-ssec.1) A licensed collector who is about to leave Queensland to reside elsewhere must, before leaving, advise an authorised officer in writing of— the date of departure; and the proposed residence; and what is proposed to be done regarding the collection. Maximum penalty—20 penalty units.\n(sec.83-ssec.2) A licensed collector must not move weapons to which the licence relates from the premises specified in the licence to a place outside Queensland unless an authorised officer is satisfied that the manner of transporting the weapons ensures their safekeeping whilst in Queensland. Maximum penalty—20 penalty units.\n- (a) the date of departure; and\n- (b) the proposed residence; and\n- (c) what is proposed to be done regarding the collection.","sortOrder":137},{"sectionNumber":"sec.84","sectionType":"section","heading":"Licensed collector taken to be in unlawful possession","content":"### sec.84 Licensed collector taken to be in unlawful possession\n\nA licensed collector who, without reasonable excuse, possesses a weapon the prescribed particulars of which have not been entered in the collection register under section 81 is taken to contravene section 50 .\ns 84 sub 1996 No. 41 s 22","sortOrder":138},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Approved shooting clubs","content":"## Approved shooting clubs","sortOrder":139},{"sectionNumber":"sec.3.38","sectionType":"section","heading":null,"content":"### Section sec.3.38\n\ns 3.38 amd 1991 No. 97 s 3 sch 1\nom 1994 No. 13 s 12","sortOrder":140},{"sectionNumber":"sec.85","sectionType":"section","heading":"Only an approved shooting club may conduct target shooting","content":"### sec.85 Only an approved shooting club may conduct target shooting\n\nA person must not conduct a shooting club for the sport of target shooting unless the shooting club is an approved shooting club.\nMaximum penalty—20 penalty units.\ns 85 sub 1994 No. 13 s 12 (amd 1996 No. 41 s 37 (1) )","sortOrder":141},{"sectionNumber":"sec.86","sectionType":"section","heading":"Application for shooting club permit","content":"### sec.86 Application for shooting club permit\n\nApplication may be made to an authorised officer to grant a shooting club permit to a shooting club.\nThe shooting club permit may only be granted to a shooting club whose primary purpose is to conduct the sport of target shooting.\nThe application must—\nbe in the approved form; and\nprovide the further particulars reasonably required by the authorised officer; and\nbe accompanied by the fee prescribed by regulation.\ns 86 sub 1994 No. 13 s 12\n(sec.86-ssec.1) Application may be made to an authorised officer to grant a shooting club permit to a shooting club.\n(sec.86-ssec.2) The shooting club permit may only be granted to a shooting club whose primary purpose is to conduct the sport of target shooting.\n(sec.86-ssec.3) The application must— be in the approved form; and provide the further particulars reasonably required by the authorised officer; and be accompanied by the fee prescribed by regulation.\n- (a) be in the approved form; and\n- (b) provide the further particulars reasonably required by the authorised officer; and\n- (c) be accompanied by the fee prescribed by regulation.","sortOrder":142},{"sectionNumber":"sec.87","sectionType":"section","heading":"Authorised officer may grant or refuse shooting club permit","content":"### sec.87 Authorised officer may grant or refuse shooting club permit\n\nThe authorised officer may grant the shooting club permit if the authorised officer is satisfied—\nthe primary purpose of the shooting club is to conduct the sport of target shooting; and\nthe location, construction and equipment of each shooting range, and proposed shooting range, of the shooting club is appropriate having regard to the need to protect persons from death or injury and property from unlawful destruction or damage; and\nthe application complies with section 86 ; and\neach individual member of the governing body of the shooting club is an appropriate person; and\nsection 90 has been complied with and the person nominated under section 90 (1) is an appropriate person.\ns 87 sub 1994 No. 13 s 12\namd 2011 No. 37 s 19\n- (a) the primary purpose of the shooting club is to conduct the sport of target shooting; and\n- (b) the location, construction and equipment of each shooting range, and proposed shooting range, of the shooting club is appropriate having regard to the need to protect persons from death or injury and property from unlawful destruction or damage; and\n- (c) the application complies with section 86 ; and\n- (d) each individual member of the governing body of the shooting club is an appropriate person; and\n- (e) section 90 has been complied with and the person nominated under section 90 (1) is an appropriate person.","sortOrder":143},{"sectionNumber":"sec.88","sectionType":"section","heading":"Authorised officer to give reasons for refusing to grant permit","content":"### sec.88 Authorised officer to give reasons for refusing to grant permit\n\nThe authorised officer may refuse to grant the shooting club permit by written notice given to the applicant stating the reasons for the refusal.\ns 88 sub 1994 No. 13 s 12","sortOrder":144},{"sectionNumber":"sec.89","sectionType":"section","heading":"Conditions to apply to permit","content":"### sec.89 Conditions to apply to permit\n\nIf an authorised officer grants a shooting club permit to an approved club, the authorised officer may impose conditions that apply to the permit.\nThe authorised officer may impose conditions about—\nthe location, construction, equipment and maintenance of shooting ranges; and\nthe use, control, administration and management of shooting ranges; and\nmatters prescribed by regulation.\nIn imposing conditions, the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.\nThe conditions must be specified in the permit or by written notice given to the applicant.\ns 89 sub 1994 No. 13 s 12\n(sec.89-ssec.1) If an authorised officer grants a shooting club permit to an approved club, the authorised officer may impose conditions that apply to the permit.\n(sec.89-ssec.2) The authorised officer may impose conditions about— the location, construction, equipment and maintenance of shooting ranges; and the use, control, administration and management of shooting ranges; and matters prescribed by regulation.\n(sec.89-ssec.3) In imposing conditions, the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.\n(sec.89-ssec.4) The conditions must be specified in the permit or by written notice given to the applicant.\n- (a) the location, construction, equipment and maintenance of shooting ranges; and\n- (b) the use, control, administration and management of shooting ranges; and\n- (c) matters prescribed by regulation.","sortOrder":145},{"sectionNumber":"sec.90","sectionType":"section","heading":"Representative required for application","content":"### sec.90 Representative required for application\n\nAn application for a shooting club permit must nominate an adult individual to be the shooting club’s representative.\nThe nominated person must hold the position in the shooting club in which the person is charged with responsibility for the conduct of the activities of the shooting club relating to the sport of target shooting (the responsible position ).\nIf a shooting club permit is granted on the application, the nominated person is taken to be the shooting club’s representative for the purpose of the permit (the representative ), until ceasing to be the representative under section 92 .\nThe shooting club must ensure that, at all times while the permit is in effect, it maintains an appropriate person in the responsible position.\nMaximum penalty for subsection (4) —20 penalty units.\ns 90 sub 1994 No. 13 s 12\namd 2003 No. 37 s 48 ; 2011 No. 37 s 20\n(sec.90-ssec.1) An application for a shooting club permit must nominate an adult individual to be the shooting club’s representative.\n(sec.90-ssec.2) The nominated person must hold the position in the shooting club in which the person is charged with responsibility for the conduct of the activities of the shooting club relating to the sport of target shooting (the responsible position ).\n(sec.90-ssec.3) If a shooting club permit is granted on the application, the nominated person is taken to be the shooting club’s representative for the purpose of the permit (the representative ), until ceasing to be the representative under section 92 .\n(sec.90-ssec.4) The shooting club must ensure that, at all times while the permit is in effect, it maintains an appropriate person in the responsible position. Maximum penalty for subsection (4) —20 penalty units.","sortOrder":146},{"sectionNumber":"sec.91","sectionType":"section","heading":"Duty of representative","content":"### sec.91 Duty of representative\n\nThe representative must exercise all reasonable diligence to ensure the shooting club, its members and all persons using a range conducted by it comply with this division and division 5 .\nMaximum penalty—20 penalty units.\ns 91 sub 1994 No. 13 s 12\namd 2003 No. 37 s 49","sortOrder":147},{"sectionNumber":"sec.92","sectionType":"section","heading":"Change of representative","content":"### sec.92 Change of representative\n\nA person stops being the representative of an approved shooting club if the person stops holding the shooting club’s responsible position.\nIf a person stops being the representative, the person must give written notice to an authorised officer within 28 days.\nMaximum penalty—20 penalty units.\nThe person who occupies an approved shooting club’s responsible position after another person stops being the representative must give written notice (the representative notice ) to an authorised officer within 28 days after occupying the responsible position.\nMaximum penalty—20 penalty units.\nIf the authorised officer accepts a representative notice from a person—\nthe person becomes the representative; and\nthe authorised officer must give written notice of the acceptance to the representative.\nThe authorised officer may refuse to accept the representative notice on the ground that the authorised person is not satisfied the person who gave the representative notice—\noccupies the shooting club’s responsible position; or\nis an appropriate person.\nThe refusal must be by written notice to the person who gave the representative notice stating reasons for the refusal.\ns 92 sub 1994 No. 13 s 12\namd 2003 No. 37 s 50\n(sec.92-ssec.1) A person stops being the representative of an approved shooting club if the person stops holding the shooting club’s responsible position.\n(sec.92-ssec.2) If a person stops being the representative, the person must give written notice to an authorised officer within 28 days. Maximum penalty—20 penalty units.\n(sec.92-ssec.3) The person who occupies an approved shooting club’s responsible position after another person stops being the representative must give written notice (the representative notice ) to an authorised officer within 28 days after occupying the responsible position. Maximum penalty—20 penalty units.\n(sec.92-ssec.4) If the authorised officer accepts a representative notice from a person— the person becomes the representative; and the authorised officer must give written notice of the acceptance to the representative.\n(sec.92-ssec.5) The authorised officer may refuse to accept the representative notice on the ground that the authorised person is not satisfied the person who gave the representative notice— occupies the shooting club’s responsible position; or is an appropriate person.\n(sec.92-ssec.6) The refusal must be by written notice to the person who gave the representative notice stating reasons for the refusal.\n- (a) the person becomes the representative; and\n- (b) the authorised officer must give written notice of the acceptance to the representative.\n- (a) occupies the shooting club’s responsible position; or\n- (b) is an appropriate person.","sortOrder":148},{"sectionNumber":"sec.93","sectionType":"section","heading":"How to decide whether an individual is an appropriate person","content":"### sec.93 How to decide whether an individual is an appropriate person\n\nIn determining whether an individual is an appropriate person for the purpose of this division, an authorised officer may have regard only to—\nwhether the individual demonstrates knowledge and understanding of the obligations of an approved shooting club and the individual’s proposed position under this Act; and\nwhether the individual is a person of good repute; and\nwhether the individual is the holder of a licence.\nThe authorised officer may obtain—\na report from the commissioner about the criminal history of the person; or\nif the person holds or previously held in another State a relevant licence, permit, authority or position—a report from the appropriate authority in the other State.\nIn this section—\ncriminal history , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than a spent conviction.\ns 93 sub 1994 No. 13 s 12 (amd 1996 No. 41 s 37 (2) – (3) )\namd 2024 No. 45 s 71\n(sec.93-ssec.1) In determining whether an individual is an appropriate person for the purpose of this division, an authorised officer may have regard only to— whether the individual demonstrates knowledge and understanding of the obligations of an approved shooting club and the individual’s proposed position under this Act; and whether the individual is a person of good repute; and whether the individual is the holder of a licence.\n(sec.93-ssec.2) The authorised officer may obtain— a report from the commissioner about the criminal history of the person; or if the person holds or previously held in another State a relevant licence, permit, authority or position—a report from the appropriate authority in the other State.\n(sec.93-ssec.3) In this section— criminal history , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than a spent conviction.\n- (a) whether the individual demonstrates knowledge and understanding of the obligations of an approved shooting club and the individual’s proposed position under this Act; and\n- (b) whether the individual is a person of good repute; and\n- (c) whether the individual is the holder of a licence.\n- (a) a report from the commissioner about the criminal history of the person; or\n- (b) if the person holds or previously held in another State a relevant licence, permit, authority or position—a report from the appropriate authority in the other State.","sortOrder":149},{"sectionNumber":"sec.94","sectionType":"section","heading":"Authorised officer may amend permit conditions","content":"### sec.94 Authorised officer may amend permit conditions\n\nAn authorised officer may amend the conditions applying to a shooting club permit of an approved shooting club—\non the application of the shooting club; or\non the initiative of the authorised officer.\nIn making an amendment under subsection (1) , the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.\nBefore making an amendment under subsection (1) (b) , the authorised officer must—\ngive written notice to the club informing it—\nof the proposed amendment; and\nthat it may make written submissions to the authorised officer about the proposed amendment before a specified day (not earlier than 21 days after the notice is given to the shooting club); and\nhave regard to submissions made to the authorised officer by the shooting club before the specified day.\nIf an authorised officer amends the conditions applying to a shooting club permit, the authorised officer must give written notice of the amendment to the shooting club.\nThe amendment takes effect—\non the day the written notice of the amendment is given to the shooting club; or\nif a later day is specified in the notice—on the specified day.\nAn authorised officer may refuse to make an amendment under subsection (1) (a) by written notice given to the shooting club stating the reasons for the refusal.\ns 94 sub 1994 No. 13 s 12\namd 2007 No. 1 s 32 sch 2\n(sec.94-ssec.1) An authorised officer may amend the conditions applying to a shooting club permit of an approved shooting club— on the application of the shooting club; or on the initiative of the authorised officer.\n(sec.94-ssec.2) In making an amendment under subsection (1) , the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.\n(sec.94-ssec.3) Before making an amendment under subsection (1) (b) , the authorised officer must— give written notice to the club informing it— of the proposed amendment; and that it may make written submissions to the authorised officer about the proposed amendment before a specified day (not earlier than 21 days after the notice is given to the shooting club); and have regard to submissions made to the authorised officer by the shooting club before the specified day.\n(sec.94-ssec.4) If an authorised officer amends the conditions applying to a shooting club permit, the authorised officer must give written notice of the amendment to the shooting club.\n(sec.94-ssec.5) The amendment takes effect— on the day the written notice of the amendment is given to the shooting club; or if a later day is specified in the notice—on the specified day.\n(sec.94-ssec.6) An authorised officer may refuse to make an amendment under subsection (1) (a) by written notice given to the shooting club stating the reasons for the refusal.\n- (a) on the application of the shooting club; or\n- (b) on the initiative of the authorised officer.\n- (a) give written notice to the club informing it— (i) of the proposed amendment; and (ii) that it may make written submissions to the authorised officer about the proposed amendment before a specified day (not earlier than 21 days after the notice is given to the shooting club); and\n- (i) of the proposed amendment; and\n- (ii) that it may make written submissions to the authorised officer about the proposed amendment before a specified day (not earlier than 21 days after the notice is given to the shooting club); and\n- (b) have regard to submissions made to the authorised officer by the shooting club before the specified day.\n- (i) of the proposed amendment; and\n- (ii) that it may make written submissions to the authorised officer about the proposed amendment before a specified day (not earlier than 21 days after the notice is given to the shooting club); and\n- (a) on the day the written notice of the amendment is given to the shooting club; or\n- (b) if a later day is specified in the notice—on the specified day.","sortOrder":150},{"sectionNumber":"sec.95","sectionType":"section","heading":"Authorised officer may make temporary amendment of conditions","content":"### sec.95 Authorised officer may make temporary amendment of conditions\n\nAn authorised officer may make a temporary amendment of the conditions applying to a shooting club permit if the authorised officer considers, on reasonable grounds, that it is necessary to make the amendment to protect a person from death or injury or property from unlawful destruction or damage.\nAn authorised officer may make an amendment under subsection (1) by written notice given to the shooting club stating the reasons for the amendment.\nThe amendment takes effect on the day the written notice of the temporary amendment is given to the shooting club or, if a later day is specified in the notice, the specified day.\nThe amendment has effect for 28 days unless—\nthe notice specifies a shorter period; or\nthe authorised officer extends the amendment for a single further specified period (not longer than 28 days).\nAn authorised officer may extend an amendment under subsection (4) (b) by written notice given to the shooting club stating the reasons for the extension.\ns 95 ins 1994 No. 13 s 12\n(sec.95-ssec.1) An authorised officer may make a temporary amendment of the conditions applying to a shooting club permit if the authorised officer considers, on reasonable grounds, that it is necessary to make the amendment to protect a person from death or injury or property from unlawful destruction or damage.\n(sec.95-ssec.2) An authorised officer may make an amendment under subsection (1) by written notice given to the shooting club stating the reasons for the amendment.\n(sec.95-ssec.3) The amendment takes effect on the day the written notice of the temporary amendment is given to the shooting club or, if a later day is specified in the notice, the specified day.\n(sec.95-ssec.4) The amendment has effect for 28 days unless— the notice specifies a shorter period; or the authorised officer extends the amendment for a single further specified period (not longer than 28 days).\n(sec.95-ssec.5) An authorised officer may extend an amendment under subsection (4) (b) by written notice given to the shooting club stating the reasons for the extension.\n- (a) the notice specifies a shorter period; or\n- (b) the authorised officer extends the amendment for a single further specified period (not longer than 28 days).","sortOrder":151},{"sectionNumber":"sec.96","sectionType":"section","heading":"Revoking or suspending permit","content":"### sec.96 Revoking or suspending permit\n\nAn authorised officer may revoke or suspend a shooting club permit if—\nthe shooting club contravenes this Act; or\nthe shooting club contravenes a condition applying to the permit; or\nthe authorised officer reasonably believes it is likely a member of the shooting club or the public will suffer injury or loss if the permit is not revoked or suspended.\nThe authorised officer must give written notice of the revocation or suspension to the shooting club.\nThe notice must specify—\nif the permit has been suspended—the day the suspension is lifted; and\nthe reasons for the revocation or suspension.\nThe revocation or suspension takes effect on the day the notice is given to the shooting club or, if a later day is specified in the notice, the specified day.\nA shooting club permit that is suspended stops having effect until the suspension is lifted.\ns 96 ins 1994 No. 13 s 12\n(sec.96-ssec.1) An authorised officer may revoke or suspend a shooting club permit if— the shooting club contravenes this Act; or the shooting club contravenes a condition applying to the permit; or the authorised officer reasonably believes it is likely a member of the shooting club or the public will suffer injury or loss if the permit is not revoked or suspended.\n(sec.96-ssec.2) The authorised officer must give written notice of the revocation or suspension to the shooting club.\n(sec.96-ssec.3) The notice must specify— if the permit has been suspended—the day the suspension is lifted; and the reasons for the revocation or suspension.\n(sec.96-ssec.4) The revocation or suspension takes effect on the day the notice is given to the shooting club or, if a later day is specified in the notice, the specified day.\n(sec.96-ssec.5) A shooting club permit that is suspended stops having effect until the suspension is lifted.\n- (a) the shooting club contravenes this Act; or\n- (b) the shooting club contravenes a condition applying to the permit; or\n- (c) the authorised officer reasonably believes it is likely a member of the shooting club or the public will suffer injury or loss if the permit is not revoked or suspended.\n- (a) if the permit has been suspended—the day the suspension is lifted; and\n- (b) the reasons for the revocation or suspension.","sortOrder":152},{"sectionNumber":"sec.97","sectionType":"section","heading":"Club must keep range use register books","content":"### sec.97 Club must keep range use register books\n\nIt is a condition of an approved shooting club’s shooting club permit that the club must keep a range use register and ensure the register is available at all times when the range is being conducted by the shooting club.\nBefore a person uses a range conducted by an approved shooting club to discharge a weapon, the person must—\nif the person is a licensee, produce the person’s licence to a range officer at the range; and\nenter in the range use register the details provided for under subsection (3) .\nMaximum penalty—20 penalty units.\nIf the person proposing to use the range is not a licensee, the person must produce the identification and complete the approved form required under section 53 .\nThe register must include provision for the following details—\nthe person’s identity;\nthe category of weapon the person will use on the range;\nother details prescribed under a regulation.\nIt is a condition of an approved shooting club’s shooting club permit that the club ensure that a range officer of the club must inspect the entry made by the person in the register and endorse the entry as correct before allowing the person to use the range.\nAn endorsement under this section must clearly identify the person making the endorsement.\nSubsections (2) (a) and (4) do not apply in relation to a range officer of the approved range using the range to discharge a weapon.\ns 97 ins 1994 No. 13 s 12\namd 1997 No. 48 s 3 sch 2\nsub 2003 No. 37 s 51\n(sec.97-ssec.1) It is a condition of an approved shooting club’s shooting club permit that the club must keep a range use register and ensure the register is available at all times when the range is being conducted by the shooting club.\n(sec.97-ssec.2) Before a person uses a range conducted by an approved shooting club to discharge a weapon, the person must— if the person is a licensee, produce the person’s licence to a range officer at the range; and enter in the range use register the details provided for under subsection (3) . Maximum penalty—20 penalty units. If the person proposing to use the range is not a licensee, the person must produce the identification and complete the approved form required under section 53 .\n(sec.97-ssec.3) The register must include provision for the following details— the person’s identity; the category of weapon the person will use on the range; other details prescribed under a regulation.\n(sec.97-ssec.4) It is a condition of an approved shooting club’s shooting club permit that the club ensure that a range officer of the club must inspect the entry made by the person in the register and endorse the entry as correct before allowing the person to use the range.\n(sec.97-ssec.5) An endorsement under this section must clearly identify the person making the endorsement.\n(sec.97-ssec.6) Subsections (2) (a) and (4) do not apply in relation to a range officer of the approved range using the range to discharge a weapon.\n- (a) if the person is a licensee, produce the person’s licence to a range officer at the range; and\n- (b) enter in the range use register the details provided for under subsection (3) .\n- (a) the person’s identity;\n- (b) the category of weapon the person will use on the range;\n- (c) other details prescribed under a regulation.","sortOrder":153},{"sectionNumber":"sec.98","sectionType":"section","heading":"Service of notice on approved shooting club","content":"### sec.98 Service of notice on approved shooting club\n\nA notice required or permitted by this division to be served on an approved shooting club may be served on the shooting club’s representative.\nSubsection (1) does not affect the operation of any other law that authorises the service of the document in another way.\ns 98 ins 1994 No. 13 s 12\namd 2003 No. 37 s 52\n(sec.98-ssec.1) A notice required or permitted by this division to be served on an approved shooting club may be served on the shooting club’s representative.\n(sec.98-ssec.2) Subsection (1) does not affect the operation of any other law that authorises the service of the document in another way.","sortOrder":154},{"sectionNumber":"sec.98A","sectionType":"section","heading":"Limitation on organised target shooting","content":"### sec.98A Limitation on organised target shooting\n\nUnless otherwise authorised by this Act, a person may conduct organised target shooting only on an approved range.\nMaximum penalty—20 penalty units or 6 months imprisonment.\ns 98A (prev s 51) ins 1996 No. 41 s 9\nrenum and reloc 1997 No. 48 s 3 sch 2","sortOrder":155},{"sectionNumber":"sec.98B","sectionType":"section","heading":"Membership of approved pistol clubs","content":"### sec.98B Membership of approved pistol clubs\n\nIt is a condition of an approved pistol club’s shooting club permit that the club must not accept a person for membership of the club unless the person submits with the person’s application for membership—\nif the person is not a licensee, a current statement in the approved form signed by an authorised officer that the person is a fit and proper person to hold a licence; and\n2 character references from persons the person has known for at least 2 years; and\na declaration that the person is a current member of other named approved shooting clubs or that the person is not a current member of any other approved shooting club.\nA statement mentioned in subsection (1) (a) is current for 3 months after the day it is signed by the authorised officer.\ns 98B ins 2003 No. 37 s 53\n(sec.98B-ssec.1) It is a condition of an approved pistol club’s shooting club permit that the club must not accept a person for membership of the club unless the person submits with the person’s application for membership— if the person is not a licensee, a current statement in the approved form signed by an authorised officer that the person is a fit and proper person to hold a licence; and 2 character references from persons the person has known for at least 2 years; and a declaration that the person is a current member of other named approved shooting clubs or that the person is not a current member of any other approved shooting club.\n(sec.98B-ssec.2) A statement mentioned in subsection (1) (a) is current for 3 months after the day it is signed by the authorised officer.\n- (a) if the person is not a licensee, a current statement in the approved form signed by an authorised officer that the person is a fit and proper person to hold a licence; and\n- (b) 2 character references from persons the person has known for at least 2 years; and\n- (c) a declaration that the person is a current member of other named approved shooting clubs or that the person is not a current member of any other approved shooting club.","sortOrder":156},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Approved ranges","content":"## Approved ranges","sortOrder":157},{"sectionNumber":"sec.99","sectionType":"section","heading":"Application for range approval","content":"### sec.99 Application for range approval\n\nApplication may be made to an authorised officer to approve a range for weapons target shooting.\nThe application must—\nbe in the approved form; and\nprovide the further particulars reasonably required by the authorised officer; and\nbe accompanied by the fee prescribed by regulation.\ns 99 ins 1994 No. 13 s 12\n(sec.99-ssec.1) Application may be made to an authorised officer to approve a range for weapons target shooting.\n(sec.99-ssec.2) The application must— be in the approved form; and provide the further particulars reasonably required by the authorised officer; and be accompanied by the fee prescribed by regulation.\n- (a) be in the approved form; and\n- (b) provide the further particulars reasonably required by the authorised officer; and\n- (c) be accompanied by the fee prescribed by regulation.","sortOrder":158},{"sectionNumber":"sec.100","sectionType":"section","heading":"Limits on approvals","content":"### sec.100 Limits on approvals\n\nA range may be approved only if the range is conducted by—\nan approved shooting club; or\nan incorporated association; or\nan entity conducting an approved training course.\ns 100 ins 1994 No. 13 s 12 (amd 1996 No. 41 s 37 (4) )\namd 1997 No. 48 s 34 ; 2003 No. 5 s 17 ; 2011 No. 37 s 21\n- (a) an approved shooting club; or\n- (b) an incorporated association; or\n- (c) an entity conducting an approved training course.","sortOrder":159},{"sectionNumber":"sec.101","sectionType":"section","heading":"Authorised officer may grant or refuse range approval","content":"### sec.101 Authorised officer may grant or refuse range approval\n\nThe authorised officer may grant the approval if the authorised officer is satisfied—\nthe range will be used for—\nconducting an approved training course; or\nthe sport of target shooting; and\nthe location, construction and equipment of the range is appropriate having regard to the need to protect persons from death or injury and property from unlawful destruction or damage; and\nthe application complies with section 99 .\nAn approval must be given in the approved form.\ns 101 ins 1994 No. 13 s 12 (amd 1996 No. 41 s 37 (5) )\namd 1997 No. 48 s 35 ; 2003 No. 5 s 18 ; 2011 No. 37 s 22\n(sec.101-ssec.1) The authorised officer may grant the approval if the authorised officer is satisfied— the range will be used for— conducting an approved training course; or the sport of target shooting; and the location, construction and equipment of the range is appropriate having regard to the need to protect persons from death or injury and property from unlawful destruction or damage; and the application complies with section 99 .\n(sec.101-ssec.2) An approval must be given in the approved form.\n- (a) the range will be used for— (i) conducting an approved training course; or (ii) the sport of target shooting; and\n- (i) conducting an approved training course; or\n- (ii) the sport of target shooting; and\n- (b) the location, construction and equipment of the range is appropriate having regard to the need to protect persons from death or injury and property from unlawful destruction or damage; and\n- (c) the application complies with section 99 .\n- (i) conducting an approved training course; or\n- (ii) the sport of target shooting; and","sortOrder":160},{"sectionNumber":"sec.102","sectionType":"section","heading":"Authorised officer to give reasons for refusing to grant approval","content":"### sec.102 Authorised officer to give reasons for refusing to grant approval\n\nThe authorised officer may refuse to grant the approval by written notice given to the applicant stating the reasons for the refusal.\ns 102 prev s 102 amd 1995 No. 58 s 4 sch 1\nom 1996 No. 41 s 3 sch 1\npres s 102 ins 1994 No. 13 s 12","sortOrder":161},{"sectionNumber":"sec.103","sectionType":"section","heading":"Conditions to apply to approval","content":"### sec.103 Conditions to apply to approval\n\nIf an authorised officer grants the approval, the authorised officer may impose conditions applying to the approval.\nThe authorised officer may impose conditions about—\nthe location, construction, equipment and maintenance of the range; and\nmatters prescribed by regulation.\nIn imposing conditions, the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.\nThe conditions must be specified in the approval or by written notice given to the applicant.\ns 103 ins 1994 No. 13 s 12\n(sec.103-ssec.1) If an authorised officer grants the approval, the authorised officer may impose conditions applying to the approval.\n(sec.103-ssec.2) The authorised officer may impose conditions about— the location, construction, equipment and maintenance of the range; and matters prescribed by regulation.\n(sec.103-ssec.3) In imposing conditions, the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.\n(sec.103-ssec.4) The conditions must be specified in the approval or by written notice given to the applicant.\n- (a) the location, construction, equipment and maintenance of the range; and\n- (b) matters prescribed by regulation.","sortOrder":162},{"sectionNumber":"sec.104","sectionType":"section","heading":"Authorised officer may amend approval conditions","content":"### sec.104 Authorised officer may amend approval conditions\n\nAn authorised officer may amend the conditions applying to an approval—\non the application of the range operator; or\non the initiative of the authorised officer.\nIn making an amendment under subsection (1) , the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.\nBefore making an amendment under subsection (1) (b) , the authorised officer must—\ngive written notice to the range operator—\nof the details of the proposed amendment; and\nthat the range operator may make written submissions to the authorised officer about the proposed amendment before a specified day (not earlier than 21 days after the notice is given to the range operator); and\nhave regard to submissions made to the authorised officer by the range operator before the specified day.\nIf an authorised officer amends the conditions applying to an approval, the authorised officer must give written notice of the amendment to the range operator.\nThe amendment takes effect—\non the day the written notice of the amendment is given to the range operator; or\nif a later day is specified in the notice—on the specified day.\nAn authorised officer may refuse to make an amendment under subsection (1) (a) by written notice given to the range operator stating the reasons for the refusal.\ns 104 ins 1994 No. 13 s 12\namd 2006 No. 26 s 119 sch 2\n(sec.104-ssec.1) An authorised officer may amend the conditions applying to an approval— on the application of the range operator; or on the initiative of the authorised officer.\n(sec.104-ssec.2) In making an amendment under subsection (1) , the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.\n(sec.104-ssec.3) Before making an amendment under subsection (1) (b) , the authorised officer must— give written notice to the range operator— of the details of the proposed amendment; and that the range operator may make written submissions to the authorised officer about the proposed amendment before a specified day (not earlier than 21 days after the notice is given to the range operator); and have regard to submissions made to the authorised officer by the range operator before the specified day.\n(sec.104-ssec.4) If an authorised officer amends the conditions applying to an approval, the authorised officer must give written notice of the amendment to the range operator.\n(sec.104-ssec.5) The amendment takes effect— on the day the written notice of the amendment is given to the range operator; or if a later day is specified in the notice—on the specified day.\n(sec.104-ssec.6) An authorised officer may refuse to make an amendment under subsection (1) (a) by written notice given to the range operator stating the reasons for the refusal.\n- (a) on the application of the range operator; or\n- (b) on the initiative of the authorised officer.\n- (a) give written notice to the range operator— (i) of the details of the proposed amendment; and (ii) that the range operator may make written submissions to the authorised officer about the proposed amendment before a specified day (not earlier than 21 days after the notice is given to the range operator); and\n- (i) of the details of the proposed amendment; and\n- (ii) that the range operator may make written submissions to the authorised officer about the proposed amendment before a specified day (not earlier than 21 days after the notice is given to the range operator); and\n- (b) have regard to submissions made to the authorised officer by the range operator before the specified day.\n- (i) of the details of the proposed amendment; and\n- (ii) that the range operator may make written submissions to the authorised officer about the proposed amendment before a specified day (not earlier than 21 days after the notice is given to the range operator); and\n- (a) on the day the written notice of the amendment is given to the range operator; or\n- (b) if a later day is specified in the notice—on the specified day.","sortOrder":163},{"sectionNumber":"sec.105","sectionType":"section","heading":"Authorised officer may make temporary amendment of conditions","content":"### sec.105 Authorised officer may make temporary amendment of conditions\n\nAn authorised officer may make a temporary amendment of the conditions applying to an approval if the authorised officer considers, on reasonable grounds, that it is necessary to make the amendment to protect a person from death or injury or property from unlawful destruction or damage.\nAn authorised officer may make an amendment under subsection (1) by written notice given to the range operator stating the reasons for the amendment.\nThe amendment takes effect—\non the day the written notice of the amendment is given to the range operator; or\nif a later day is specified in the notice—on the specified day.\nThe amendment has effect for 28 days unless—\nthe notice specifies a shorter period; or\nthe authorised officer extends the amendment for a single further specified period (not longer than 28 days).\nAn authorised officer may extend an amendment under subsection (4) (b) by written notice given to the range operator stating the reasons for the extension.\ns 105 ins 1994 No. 13 s 12\namd 2006 No. 26 s 119 sch 2\n(sec.105-ssec.1) An authorised officer may make a temporary amendment of the conditions applying to an approval if the authorised officer considers, on reasonable grounds, that it is necessary to make the amendment to protect a person from death or injury or property from unlawful destruction or damage.\n(sec.105-ssec.2) An authorised officer may make an amendment under subsection (1) by written notice given to the range operator stating the reasons for the amendment.\n(sec.105-ssec.3) The amendment takes effect— on the day the written notice of the amendment is given to the range operator; or if a later day is specified in the notice—on the specified day.\n(sec.105-ssec.4) The amendment has effect for 28 days unless— the notice specifies a shorter period; or the authorised officer extends the amendment for a single further specified period (not longer than 28 days).\n(sec.105-ssec.5) An authorised officer may extend an amendment under subsection (4) (b) by written notice given to the range operator stating the reasons for the extension.\n- (a) on the day the written notice of the amendment is given to the range operator; or\n- (b) if a later day is specified in the notice—on the specified day.\n- (a) the notice specifies a shorter period; or\n- (b) the authorised officer extends the amendment for a single further specified period (not longer than 28 days).","sortOrder":164},{"sectionNumber":"sec.106","sectionType":"section","heading":"Suspending or revoking approval","content":"### sec.106 Suspending or revoking approval\n\nAn authorised officer may suspend or revoke an approval if—\na range operator or a range officer contravenes this Act; or\nthe authorised officer believes, on reasonable grounds, that it is necessary to suspend or revoke the approval to protect a person from death or injury, or property from unlawful destruction or damage.\nThe authorised officer must give written notice of the suspension or revocation to the range operator.\nThe notice must specify—\nif the approval has been suspended—the period of suspension; and\nthe reasons for the suspension or revocation.\nThe suspension or revocation takes effect—\non the day the notice is given to the range operator; or\nif a later day is specified in the notice—on the specified day.\nA range approval that is suspended stops having effect until the suspension is lifted.\ns 106 ins 1994 No. 13 s 12\namd 2003 No. 37 s 54 ; 2006 No. 26 s 119 sch 2\n(sec.106-ssec.1) An authorised officer may suspend or revoke an approval if— a range operator or a range officer contravenes this Act; or the authorised officer believes, on reasonable grounds, that it is necessary to suspend or revoke the approval to protect a person from death or injury, or property from unlawful destruction or damage.\n(sec.106-ssec.2) The authorised officer must give written notice of the suspension or revocation to the range operator.\n(sec.106-ssec.3) The notice must specify— if the approval has been suspended—the period of suspension; and the reasons for the suspension or revocation.\n(sec.106-ssec.4) The suspension or revocation takes effect— on the day the notice is given to the range operator; or if a later day is specified in the notice—on the specified day.\n(sec.106-ssec.5) A range approval that is suspended stops having effect until the suspension is lifted.\n- (a) a range operator or a range officer contravenes this Act; or\n- (b) the authorised officer believes, on reasonable grounds, that it is necessary to suspend or revoke the approval to protect a person from death or injury, or property from unlawful destruction or damage.\n- (a) if the approval has been suspended—the period of suspension; and\n- (b) the reasons for the suspension or revocation.\n- (a) on the day the notice is given to the range operator; or\n- (b) if a later day is specified in the notice—on the specified day.","sortOrder":165},{"sectionNumber":"sec.107","sectionType":"section","heading":"Range can be dealt with in conjunction with shooting club permit","content":"### sec.107 Range can be dealt with in conjunction with shooting club permit\n\nAn application, grant of approval or notice under this division may be included in an application, issue of permit or notice respectively under division 4 .\ns 107 ins 1994 No. 13 s 12","sortOrder":166},{"sectionNumber":"sec.108","sectionType":"section","heading":"Responsibilities of range operator","content":"### sec.108 Responsibilities of range operator\n\nIn this section—\nrange operator means the person conducting an approved range for an approved shooting club under the approval given under this division and, if the approval is issued to an unincorporated body or association of persons, includes each member of the body’s or association’s governing body.\nA range operator must ensure every person who physically possesses or uses a weapon at the approved range is properly supervised by an adult (a range officer ) who—\nholds a firearms licence under this Act; or\nis a range officer, however called, under a law of another State that corresponds with this Act.\nMaximum penalty—20 penalty units.\nA range operator must ensure the name of each range officer supervising persons using the approved range is prominently displayed at the range at any time when a weapon is discharged.\nMaximum penalty—20 penalty units.\nA range operator must take all reasonable steps to ensure a person attending the approved range does not contravene this Act.\nMaximum penalty—20 penalty units.\ns 108 ins 1994 No. 13 s 12 (amd 1996 No. 41 s 37 (6) )\namd 1997 No. 48 s 36 ; 2003 No. 37 s 55 ; 2011 No. 37 s 23\n(sec.108-ssec.1) In this section— range operator means the person conducting an approved range for an approved shooting club under the approval given under this division and, if the approval is issued to an unincorporated body or association of persons, includes each member of the body’s or association’s governing body.\n(sec.108-ssec.2) A range operator must ensure every person who physically possesses or uses a weapon at the approved range is properly supervised by an adult (a range officer ) who— holds a firearms licence under this Act; or is a range officer, however called, under a law of another State that corresponds with this Act. Maximum penalty—20 penalty units.\n(sec.108-ssec.3) A range operator must ensure the name of each range officer supervising persons using the approved range is prominently displayed at the range at any time when a weapon is discharged. Maximum penalty—20 penalty units.\n(sec.108-ssec.4) A range operator must take all reasonable steps to ensure a person attending the approved range does not contravene this Act. Maximum penalty—20 penalty units.\n- (a) holds a firearms licence under this Act; or\n- (b) is a range officer, however called, under a law of another State that corresponds with this Act.","sortOrder":167},{"sectionNumber":"sec.109","sectionType":"section","heading":"Responsibilities of range officer","content":"### sec.109 Responsibilities of range officer\n\nA range officer supervising an approved shooting range must take all reasonable steps to ensure a person attending the range does not contravene this Act.\nMaximum penalty—20 penalty units.\ns 109 ins 1994 No. 13 s 12","sortOrder":168},{"sectionNumber":"sec.110","sectionType":"section","heading":"Responsibilities of person attending an approved range","content":"### sec.110 Responsibilities of person attending an approved range\n\nA person attending an approved range must not possess or use a weapon at the range unless the possession or use—\nis authorised under—\na licence issued to the person; or\nsection 52 ; or\nsection 53 ; and\nis permitted by the range officer; and\ncomplies with the conditions on which the range was approved, including, for example, that it is a weapon of a category for which the range was approved.\nMaximum penalty—40 penalty units.\nA person attending an approved range must not use a weapon at the range in a way that is likely to cause death or injury to a person or unlawful destruction of, or damage to, property.\nMaximum penalty—40 penalty units.\nA person attending an approved range must comply with a direction by a range officer for the range given for the purposes of this Act or safety reasons, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —20 penalty units.\ns 110 ins 1994 No. 13 s 12\namd 1997 No. 48 s 37 ; 2003 No. 37 s 56 ; 2011 No. 37 s 24\n(sec.110-ssec.1) A person attending an approved range must not possess or use a weapon at the range unless the possession or use— is authorised under— a licence issued to the person; or section 52 ; or section 53 ; and is permitted by the range officer; and complies with the conditions on which the range was approved, including, for example, that it is a weapon of a category for which the range was approved. Maximum penalty—40 penalty units.\n(sec.110-ssec.2) A person attending an approved range must not use a weapon at the range in a way that is likely to cause death or injury to a person or unlawful destruction of, or damage to, property. Maximum penalty—40 penalty units.\n(sec.110-ssec.3) A person attending an approved range must comply with a direction by a range officer for the range given for the purposes of this Act or safety reasons, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —20 penalty units.\n- (a) is authorised under— (i) a licence issued to the person; or (ii) section 52 ; or (iii) section 53 ; and\n- (i) a licence issued to the person; or\n- (ii) section 52 ; or\n- (iii) section 53 ; and\n- (b) is permitted by the range officer; and\n- (c) complies with the conditions on which the range was approved, including, for example, that it is a weapon of a category for which the range was approved.\n- (i) a licence issued to the person; or\n- (ii) section 52 ; or\n- (iii) section 53 ; and","sortOrder":169},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Shooting galleries","content":"## Shooting galleries","sortOrder":170},{"sectionNumber":"sec.111","sectionType":"section","heading":"Approval of shooting galleries","content":"### sec.111 Approval of shooting galleries\n\nA person must not conduct a shooting gallery at any time without the approval of an authorised officer to conduct that gallery.\nMaximum penalty—60 penalty units.\nAn authorised officer must not grant approval to conduct a shooting gallery unless—\nthe applicant for approval has attained the age of 18 years; and\nthe officer is satisfied that the applicant has an adequate knowledge of safety practices relating to the use of the firearms to be used at the gallery; and\nin the opinion of the authorised officer—\nthe applicant is a fit and proper person to conduct the gallery; and\nthe prescribed conditions and any conditions imposed by the authorised officer will be complied with.\nAn authorised officer may grant approval to conduct a shooting gallery subject to the prescribed conditions and to such other conditions as the officer thinks fit.\nAn authorised officer may refuse to grant approval to conduct a shooting gallery by giving the applicant for approval a notice in or to the effect of the approved form stating the specific reasons for the refusal and forwarding the notice to the applicant by registered post to the address shown on the application.\nAn authorised officer may revoke an approval given under subsection (3) by written notice, given to the person granted the approval, that sets out the reasons for the revocation.\ns 111 amd 1991 No. 97 s 3 sch 1 ; 1994 No. 13 s 3 sch ; 1996 No. 41 s 3 sch 1 ; 2003 No. 37 s 57\n(sec.111-ssec.1) A person must not conduct a shooting gallery at any time without the approval of an authorised officer to conduct that gallery. Maximum penalty—60 penalty units.\n(sec.111-ssec.2) An authorised officer must not grant approval to conduct a shooting gallery unless— the applicant for approval has attained the age of 18 years; and the officer is satisfied that the applicant has an adequate knowledge of safety practices relating to the use of the firearms to be used at the gallery; and in the opinion of the authorised officer— the applicant is a fit and proper person to conduct the gallery; and the prescribed conditions and any conditions imposed by the authorised officer will be complied with.\n(sec.111-ssec.3) An authorised officer may grant approval to conduct a shooting gallery subject to the prescribed conditions and to such other conditions as the officer thinks fit.\n(sec.111-ssec.4) An authorised officer may refuse to grant approval to conduct a shooting gallery by giving the applicant for approval a notice in or to the effect of the approved form stating the specific reasons for the refusal and forwarding the notice to the applicant by registered post to the address shown on the application.\n(sec.111-ssec.5) An authorised officer may revoke an approval given under subsection (3) by written notice, given to the person granted the approval, that sets out the reasons for the revocation.\n- (a) the applicant for approval has attained the age of 18 years; and\n- (b) the officer is satisfied that the applicant has an adequate knowledge of safety practices relating to the use of the firearms to be used at the gallery; and\n- (c) in the opinion of the authorised officer— (i) the applicant is a fit and proper person to conduct the gallery; and (ii) the prescribed conditions and any conditions imposed by the authorised officer will be complied with.\n- (i) the applicant is a fit and proper person to conduct the gallery; and\n- (ii) the prescribed conditions and any conditions imposed by the authorised officer will be complied with.\n- (i) the applicant is a fit and proper person to conduct the gallery; and\n- (ii) the prescribed conditions and any conditions imposed by the authorised officer will be complied with.","sortOrder":171},{"sectionNumber":"sec.112","sectionType":"section","heading":"Conditions of approval","content":"### sec.112 Conditions of approval\n\nApproval to conduct a shooting gallery is to be subject to the following conditions—\nthe several parts of the shooting gallery are to be designed, constructed and maintained to the satisfaction of an authorised officer;\nwhere live ammunition is to be used—\nthe area between the place where the firearm is mounted and the target is to be so constructed as to prevent projectile penetration or ricochet; and\nthe firearm is to be so mounted that its barrel must remain within the confines of the gallery at all times;\nat least 1 natural person specified in the approval is to—\nbe physically present at the gallery at all times when it is open to the public; and\npersonally supervise the use of every firearm by each person resorting to the gallery; and\nexercise all reasonable care and precaution and give such directions as are necessary to any person to prevent danger during the use of any firearm at the gallery.\nSubsection (1) (b) does not apply to the use of a paint-pellet gun at a shooting gallery used solely for paint-pellet sports.\ns 112 amd 1994 No. 13 s 13 ; 1996 No. 41 s 23\n(sec.112-ssec.1) Approval to conduct a shooting gallery is to be subject to the following conditions— the several parts of the shooting gallery are to be designed, constructed and maintained to the satisfaction of an authorised officer; where live ammunition is to be used— the area between the place where the firearm is mounted and the target is to be so constructed as to prevent projectile penetration or ricochet; and the firearm is to be so mounted that its barrel must remain within the confines of the gallery at all times; at least 1 natural person specified in the approval is to— be physically present at the gallery at all times when it is open to the public; and personally supervise the use of every firearm by each person resorting to the gallery; and exercise all reasonable care and precaution and give such directions as are necessary to any person to prevent danger during the use of any firearm at the gallery.\n(sec.112-ssec.2) Subsection (1) (b) does not apply to the use of a paint-pellet gun at a shooting gallery used solely for paint-pellet sports.\n- (a) the several parts of the shooting gallery are to be designed, constructed and maintained to the satisfaction of an authorised officer;\n- (b) where live ammunition is to be used— (i) the area between the place where the firearm is mounted and the target is to be so constructed as to prevent projectile penetration or ricochet; and (ii) the firearm is to be so mounted that its barrel must remain within the confines of the gallery at all times;\n- (i) the area between the place where the firearm is mounted and the target is to be so constructed as to prevent projectile penetration or ricochet; and\n- (ii) the firearm is to be so mounted that its barrel must remain within the confines of the gallery at all times;\n- (c) at least 1 natural person specified in the approval is to— (i) be physically present at the gallery at all times when it is open to the public; and (ii) personally supervise the use of every firearm by each person resorting to the gallery; and (iii) exercise all reasonable care and precaution and give such directions as are necessary to any person to prevent danger during the use of any firearm at the gallery.\n- (i) be physically present at the gallery at all times when it is open to the public; and\n- (ii) personally supervise the use of every firearm by each person resorting to the gallery; and\n- (iii) exercise all reasonable care and precaution and give such directions as are necessary to any person to prevent danger during the use of any firearm at the gallery.\n- (i) the area between the place where the firearm is mounted and the target is to be so constructed as to prevent projectile penetration or ricochet; and\n- (ii) the firearm is to be so mounted that its barrel must remain within the confines of the gallery at all times;\n- (i) be physically present at the gallery at all times when it is open to the public; and\n- (ii) personally supervise the use of every firearm by each person resorting to the gallery; and\n- (iii) exercise all reasonable care and precaution and give such directions as are necessary to any person to prevent danger during the use of any firearm at the gallery.","sortOrder":172},{"sectionNumber":"sec.113","sectionType":"section","heading":"Representative of holder of approval","content":"### sec.113 Representative of holder of approval\n\nThe holder of or an applicant for an approval to conduct a shooting gallery may apply in or to the effect of the approved form (which may be incorporated as part of the form of application for the approval) for the approval to be endorsed in accordance with this Act with the name of a fit and proper natural person who satisfies the requirements of section 111 as the representative of the holder of the approval at the premises or location specified in the application.\nOn application by the holder of an approval to conduct a shooting gallery in or to the effect of the approved form, the approval may be endorsed with the name of a fit and proper person who satisfies the requirements of section 111 in place of the name of another person endorsed as representative of the holder under this section.\nAn application under subsection (1) or (2) may be made to an officer in charge of police.\ns 113 amd 1994 No. 13 s 3 sch ; 1996 No. 41 s 3 sch 1\n(sec.113-ssec.1) The holder of or an applicant for an approval to conduct a shooting gallery may apply in or to the effect of the approved form (which may be incorporated as part of the form of application for the approval) for the approval to be endorsed in accordance with this Act with the name of a fit and proper natural person who satisfies the requirements of section 111 as the representative of the holder of the approval at the premises or location specified in the application.\n(sec.113-ssec.2) On application by the holder of an approval to conduct a shooting gallery in or to the effect of the approved form, the approval may be endorsed with the name of a fit and proper person who satisfies the requirements of section 111 in place of the name of another person endorsed as representative of the holder under this section.\n(sec.113-ssec.3) An application under subsection (1) or (2) may be made to an officer in charge of police.","sortOrder":173},{"sectionNumber":"sec.113A","sectionType":"section","heading":"Authorised officer may amend approval conditions","content":"### sec.113A Authorised officer may amend approval conditions\n\nAn authorised officer may amend the conditions applying to an approval to conduct a shooting gallery—\non the application of the person granted the approval ( gallery operator ); or\non the initiative of the authorised officer.\nIn making the amendment, the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.\nBefore making an amendment under subsection (1) (b) , the authorised officer must—\ngive written notice to the gallery operator stating—\nthe details of the proposed amendment; and\nthat the person may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the person; and\nhave regard to submissions made to the authorised officer by the person before the stated day.\nIf the authorised officer amends the conditions applying to an approval, the authorised officer must give written notice of the amendment to the gallery operator.\nThe amendment takes effect—\non the day the written notice of the amendment is given to the person; or\nif a later day is stated in the notice—on the stated day.\nAn authorised officer may refuse to make an amendment under subsection (1) (a) by written notice given to the gallery operator stating the reasons for the refusal.\ns 113A ins 2005 No. 17 s 42\n(sec.113A-ssec.1) An authorised officer may amend the conditions applying to an approval to conduct a shooting gallery— on the application of the person granted the approval ( gallery operator ); or on the initiative of the authorised officer.\n(sec.113A-ssec.2) In making the amendment, the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.\n(sec.113A-ssec.3) Before making an amendment under subsection (1) (b) , the authorised officer must— give written notice to the gallery operator stating— the details of the proposed amendment; and that the person may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the person; and have regard to submissions made to the authorised officer by the person before the stated day.\n(sec.113A-ssec.4) If the authorised officer amends the conditions applying to an approval, the authorised officer must give written notice of the amendment to the gallery operator.\n(sec.113A-ssec.5) The amendment takes effect— on the day the written notice of the amendment is given to the person; or if a later day is stated in the notice—on the stated day.\n(sec.113A-ssec.6) An authorised officer may refuse to make an amendment under subsection (1) (a) by written notice given to the gallery operator stating the reasons for the refusal.\n- (a) on the application of the person granted the approval ( gallery operator ); or\n- (b) on the initiative of the authorised officer.\n- (a) give written notice to the gallery operator stating— (i) the details of the proposed amendment; and (ii) that the person may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the person; and\n- (i) the details of the proposed amendment; and\n- (ii) that the person may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the person; and\n- (b) have regard to submissions made to the authorised officer by the person before the stated day.\n- (i) the details of the proposed amendment; and\n- (ii) that the person may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the person; and\n- (a) on the day the written notice of the amendment is given to the person; or\n- (b) if a later day is stated in the notice—on the stated day.","sortOrder":174},{"sectionNumber":"sec.113B","sectionType":"section","heading":"Authorised officer may make temporary amendment of conditions","content":"### sec.113B Authorised officer may make temporary amendment of conditions\n\nAn authorised officer may make a temporary amendment of the conditions applying to an approval if the authorised officer considers, on reasonable grounds, it is necessary to make the amendment to protect a person from death or injury or property from unlawful destruction or damage.\nAn authorised officer may make an amendment under subsection (1) by written notice given to the gallery operator stating the reasons for the amendment.\nThe amendment takes effect—\non the day the written notice of the amendment is given to the gallery operator; or\nif a later day is stated in the notice—on the stated day.\nThe amendment has effect for 28 days unless—\nthe notice states a shorter period; or\nthe authorised officer extends the amendment for a single further stated period, not longer than 28 days.\nAn authorised officer may extend an amendment under subsection (4) (b) by written notice given to the gallery operator stating the reasons for the extension.\ns 113B ins 2005 No. 17 s 42\n(sec.113B-ssec.1) An authorised officer may make a temporary amendment of the conditions applying to an approval if the authorised officer considers, on reasonable grounds, it is necessary to make the amendment to protect a person from death or injury or property from unlawful destruction or damage.\n(sec.113B-ssec.2) An authorised officer may make an amendment under subsection (1) by written notice given to the gallery operator stating the reasons for the amendment.\n(sec.113B-ssec.3) The amendment takes effect— on the day the written notice of the amendment is given to the gallery operator; or if a later day is stated in the notice—on the stated day.\n(sec.113B-ssec.4) The amendment has effect for 28 days unless— the notice states a shorter period; or the authorised officer extends the amendment for a single further stated period, not longer than 28 days.\n(sec.113B-ssec.5) An authorised officer may extend an amendment under subsection (4) (b) by written notice given to the gallery operator stating the reasons for the extension.\n- (a) on the day the written notice of the amendment is given to the gallery operator; or\n- (b) if a later day is stated in the notice—on the stated day.\n- (a) the notice states a shorter period; or\n- (b) the authorised officer extends the amendment for a single further stated period, not longer than 28 days.","sortOrder":175},{"sectionNumber":"sec.113C","sectionType":"section","heading":"Suspending or revoking approval","content":"### sec.113C Suspending or revoking approval\n\nAn authorised officer may suspend or revoke an approval if—\nthe gallery operator contravenes this Act; or\nthe authorised officer believes, on reasonable grounds, it is necessary to suspend or revoke the approval to protect a person from death or injury, or property from unlawful destruction or damage.\nThe authorised officer must give written notice of the suspension or revocation to the gallery operator.\nThe notice must specify—\nif the approval has been suspended—the period of suspension; and\nthe reasons for the suspension or revocation.\nThe suspension or revocation takes effect—\non the day the notice is given to the gallery operator; or\nif a later day is stated in the notice—on the stated day.\nA shooting gallery approval that is suspended stops having effect until the suspension is lifted.\ns 113C ins 2005 No. 17 s 42\n(sec.113C-ssec.1) An authorised officer may suspend or revoke an approval if— the gallery operator contravenes this Act; or the authorised officer believes, on reasonable grounds, it is necessary to suspend or revoke the approval to protect a person from death or injury, or property from unlawful destruction or damage.\n(sec.113C-ssec.2) The authorised officer must give written notice of the suspension or revocation to the gallery operator.\n(sec.113C-ssec.3) The notice must specify— if the approval has been suspended—the period of suspension; and the reasons for the suspension or revocation.\n(sec.113C-ssec.4) The suspension or revocation takes effect— on the day the notice is given to the gallery operator; or if a later day is stated in the notice—on the stated day.\n(sec.113C-ssec.5) A shooting gallery approval that is suspended stops having effect until the suspension is lifted.\n- (a) the gallery operator contravenes this Act; or\n- (b) the authorised officer believes, on reasonable grounds, it is necessary to suspend or revoke the approval to protect a person from death or injury, or property from unlawful destruction or damage.\n- (a) if the approval has been suspended—the period of suspension; and\n- (b) the reasons for the suspension or revocation.\n- (a) on the day the notice is given to the gallery operator; or\n- (b) if a later day is stated in the notice—on the stated day.","sortOrder":176},{"sectionNumber":"sec.114","sectionType":"section","heading":"Conduct of persons resorting to shooting galleries","content":"### sec.114 Conduct of persons resorting to shooting galleries\n\nA person resorting to or making use of a shooting gallery must not—\npoint a firearm otherwise than in the direction of the target area in the shooting gallery; or\ntake away a firearm from the shooting gallery; or\ninterfere with—\nany other person resorting to or using the shooting gallery; or\na firearm at a shooting gallery otherwise than as directed by any person conducting that gallery or the servant of that person; or\nany part or equipment of the shooting gallery; or\ndisobey a direction given to that person pursuant to section 112 (1) (c) (iii) .\nMaximum penalty—60 penalty units.\nSubsection (1) (a) , (b) , (c) (i) and (ii) do not apply to the use of a paint-pellet gun at a shooting gallery used solely for paint-pellet sports.\ns 114 amd 1994 No. 13 s 14 ; 2003 No. 37 s 58\n(sec.114-ssec.1) A person resorting to or making use of a shooting gallery must not— point a firearm otherwise than in the direction of the target area in the shooting gallery; or take away a firearm from the shooting gallery; or interfere with— any other person resorting to or using the shooting gallery; or a firearm at a shooting gallery otherwise than as directed by any person conducting that gallery or the servant of that person; or any part or equipment of the shooting gallery; or disobey a direction given to that person pursuant to section 112 (1) (c) (iii) . Maximum penalty—60 penalty units.\n(sec.114-ssec.2) Subsection (1) (a) , (b) , (c) (i) and (ii) do not apply to the use of a paint-pellet gun at a shooting gallery used solely for paint-pellet sports.\n- (a) point a firearm otherwise than in the direction of the target area in the shooting gallery; or\n- (b) take away a firearm from the shooting gallery; or\n- (c) interfere with— (i) any other person resorting to or using the shooting gallery; or (ii) a firearm at a shooting gallery otherwise than as directed by any person conducting that gallery or the servant of that person; or (iii) any part or equipment of the shooting gallery; or\n- (i) any other person resorting to or using the shooting gallery; or\n- (ii) a firearm at a shooting gallery otherwise than as directed by any person conducting that gallery or the servant of that person; or\n- (iii) any part or equipment of the shooting gallery; or\n- (d) disobey a direction given to that person pursuant to section 112 (1) (c) (iii) .\n- (i) any other person resorting to or using the shooting gallery; or\n- (ii) a firearm at a shooting gallery otherwise than as directed by any person conducting that gallery or the servant of that person; or\n- (iii) any part or equipment of the shooting gallery; or","sortOrder":177},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Theatrical ordnance suppliers and other associated matters","content":"## Theatrical ordnance suppliers and other associated matters","sortOrder":178},{"sectionNumber":"sec.115","sectionType":"section","heading":"Theatrical ordnance suppliers to be licensed","content":"### sec.115 Theatrical ordnance suppliers to be licensed\n\nSubject to this Act, a person must not supply or have possession for the purpose of supply of any replica of a weapon in the production of a theatrical, motion picture or television production without first obtaining a theatrical ordnance supplier’s licence.\nMaximum penalty—120 penalty units.\nSubsection (1) does not apply to a person not disqualified from holding a theatrical ordnance supplier’s licence whilst acting as an agent or employee of a licensed theatrical ordnance supplier.\ns 115 amd 1997 No. 48 s 38 ; 2003 No. 37 s 59 ; 2011 No. 37 s 25\n(sec.115-ssec.1) Subject to this Act, a person must not supply or have possession for the purpose of supply of any replica of a weapon in the production of a theatrical, motion picture or television production without first obtaining a theatrical ordnance supplier’s licence. Maximum penalty—120 penalty units.\n(sec.115-ssec.2) Subsection (1) does not apply to a person not disqualified from holding a theatrical ordnance supplier’s licence whilst acting as an agent or employee of a licensed theatrical ordnance supplier.","sortOrder":179},{"sectionNumber":"sec.116","sectionType":"section","heading":"Employees of theatrical ordnance suppliers","content":"### sec.116 Employees of theatrical ordnance suppliers\n\nA theatrical ordnance supplier must not employ a person who, in the course of the person’s employment, will have access to weapons unless the person is a qualified weapons employee.\nMaximum penalty—20 penalty units.\nFor subsection (1) , a person is a qualified weapons employee only if the person—\nis at least 18 years; and\nholds a licence.\nIn the course of employment as a qualified weapons employee, a person may possess any category of weapon his or her employer is authorised to possess.\nSubsection (3) has effect even if the employee is not licensed to possess the category of weapon.\nIn this section—\nemploy a person includes engage the person as an agent.\ns 116 amd 1996 No. 41 s 3 sch 1\nsub 1997 No. 48 s 39\n(sec.116-ssec.1) A theatrical ordnance supplier must not employ a person who, in the course of the person’s employment, will have access to weapons unless the person is a qualified weapons employee. Maximum penalty—20 penalty units.\n(sec.116-ssec.2) For subsection (1) , a person is a qualified weapons employee only if the person— is at least 18 years; and holds a licence.\n(sec.116-ssec.3) In the course of employment as a qualified weapons employee, a person may possess any category of weapon his or her employer is authorised to possess.\n(sec.116-ssec.4) Subsection (3) has effect even if the employee is not licensed to possess the category of weapon.\n(sec.116-ssec.5) In this section— employ a person includes engage the person as an agent.\n- (a) is at least 18 years; and\n- (b) holds a licence.","sortOrder":180},{"sectionNumber":"sec.117","sectionType":"section","heading":"Theatrical ordnance supplier to keep register","content":"### sec.117 Theatrical ordnance supplier to keep register\n\nA licensed theatrical ordnance supplier must keep at the premises stated in the licence an ordnance register.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA licensed theatrical ordnance supplier must, for each transaction for the acquisition, sale, supply, rental or transfer of a weapon, enter immediately in the ordnance register the particulars prescribed under a regulation.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA person must not remove a part of the ordnance register, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nSubsection (3) does not prevent the correction of the ordnance register in a way specified under a regulation.\nIn this section—\nordnance register means a book in the approved form bound to the satisfaction of an authorised officer.\nremove includes make illegible or unintelligible, erase or disguise.\ns 117 amd 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 24\n(sec.117-ssec.1) A licensed theatrical ordnance supplier must keep at the premises stated in the licence an ordnance register. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.117-ssec.2) A licensed theatrical ordnance supplier must, for each transaction for the acquisition, sale, supply, rental or transfer of a weapon, enter immediately in the ordnance register the particulars prescribed under a regulation. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.117-ssec.3) A person must not remove a part of the ordnance register, unless the person has a reasonable excuse. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.117-ssec.4) Subsection (3) does not prevent the correction of the ordnance register in a way specified under a regulation.\n(sec.117-ssec.5) In this section— ordnance register means a book in the approved form bound to the satisfaction of an authorised officer. remove includes make illegible or unintelligible, erase or disguise.","sortOrder":181},{"sectionNumber":"sec.118","sectionType":"section","heading":"Weapons may be supplied for theatre, film and television productions","content":"### sec.118 Weapons may be supplied for theatre, film and television productions\n\nThe holder of a theatrical ordnance supplier’s licence may supply a weapon under the licence to a person only for the purpose of the person using the weapon in a theatrical, film or television production.\nIf the licence held by a theatrical ordnance supplier only allows the licensee to supply a weapon to a specified person, or type of person, the licensee may supply a weapon only to the specified person or type of person.\ns 118 sub 1994 No. 13 s 15\namd 2003 No. 37 s 60\n(sec.118-ssec.1) The holder of a theatrical ordnance supplier’s licence may supply a weapon under the licence to a person only for the purpose of the person using the weapon in a theatrical, film or television production.\n(sec.118-ssec.2) If the licence held by a theatrical ordnance supplier only allows the licensee to supply a weapon to a specified person, or type of person, the licensee may supply a weapon only to the specified person or type of person.","sortOrder":182},{"sectionNumber":"sec.119","sectionType":"section","heading":"Supervision of use of weapons in theatre, film and television productions","content":"### sec.119 Supervision of use of weapons in theatre, film and television productions\n\nIn this section—\nlicensee means a person who holds a theatrical ordnance supplier’s licence.\npersonal supervision by a licensee means—\npersonal supervision by the licensee; or\npersonal supervision by an employee of the licensee who is eligible to obtain a theatrical ordnance supplier’s licence.\nA licensee must, by personal supervision, ensure that a weapon supplied by the licensee to another person under the licence is properly used.\nMaximum penalty—10 penalty units.\nIf a licensee considers that a weapon supplied by the licensee under the licence is being improperly used, the licensee must immediately take all appropriate steps—\nto ensure the weapon is properly used; or\nto recover the weapon.\nMaximum penalty—10 penalty units.\nFor the purpose of this section, a weapon is properly used if it—\nis used only for the theatre, film and television production for which it was supplied; and\nis not used in an unlawful way; and\nis not used in a way that may cause death of, or injury to, any person or the unlawful destruction of, or damage to, property.\ns 119 ins 1994 No. 13 s 16\n(sec.119-ssec.1) In this section— licensee means a person who holds a theatrical ordnance supplier’s licence. personal supervision by a licensee means— personal supervision by the licensee; or personal supervision by an employee of the licensee who is eligible to obtain a theatrical ordnance supplier’s licence.\n(sec.119-ssec.2) A licensee must, by personal supervision, ensure that a weapon supplied by the licensee to another person under the licence is properly used. Maximum penalty—10 penalty units.\n(sec.119-ssec.3) If a licensee considers that a weapon supplied by the licensee under the licence is being improperly used, the licensee must immediately take all appropriate steps— to ensure the weapon is properly used; or to recover the weapon. Maximum penalty—10 penalty units.\n(sec.119-ssec.4) For the purpose of this section, a weapon is properly used if it— is used only for the theatre, film and television production for which it was supplied; and is not used in an unlawful way; and is not used in a way that may cause death of, or injury to, any person or the unlawful destruction of, or damage to, property.\n- (a) personal supervision by the licensee; or\n- (b) personal supervision by an employee of the licensee who is eligible to obtain a theatrical ordnance supplier’s licence.\n- (a) to ensure the weapon is properly used; or\n- (b) to recover the weapon.\n- (a) is used only for the theatre, film and television production for which it was supplied; and\n- (b) is not used in an unlawful way; and\n- (c) is not used in a way that may cause death of, or injury to, any person or the unlawful destruction of, or damage to, property.","sortOrder":183},{"sectionNumber":"sec.120","sectionType":"section","heading":"Removal of register and weapons","content":"### sec.120 Removal of register and weapons\n\nA licensed theatrical ordnance supplier must not remove any weapon or the ordnance register from the premises specified in the licence except in the course of business as a theatrical ordnance supplier.\nMaximum penalty—60 penalty units.\nA licensed theatrical ordnance supplier who has possession of weapons at a place other than the premises specified in the licence must keep a record of the disposition of ordnance in the approved form.\nMaximum penalty—60 penalty units.\ns 120 amd 1994 No. 13 s 3 sch ; 1996 No. 41 s 3 sch 1 ; 2003 No. 37 s 61\n(sec.120-ssec.1) A licensed theatrical ordnance supplier must not remove any weapon or the ordnance register from the premises specified in the licence except in the course of business as a theatrical ordnance supplier. Maximum penalty—60 penalty units.\n(sec.120-ssec.2) A licensed theatrical ordnance supplier who has possession of weapons at a place other than the premises specified in the licence must keep a record of the disposition of ordnance in the approved form. Maximum penalty—60 penalty units.","sortOrder":184},{"sectionNumber":"sec.121","sectionType":"section","heading":"Annual returns by licensed theatrical ordnance supplier","content":"### sec.121 Annual returns by licensed theatrical ordnance supplier\n\nEach year, a licensed theatrical ordnance supplier must, within the time determined under subsection (2) , give an authorised officer particulars, in the approved form, of all weapons held in stock by the licensed theatrical ordnance supplier as at the beginning of the anniversary day for the licensed theatrical ordnance supplier’s licence.\nMaximum penalty—60 penalty units.\nThe licensed theatrical ordnance supplier must give the particulars to an authorised officer within 2 months after the anniversary day or any extended time allowed under subsection (3) .\nAn authorised officer may extend the time within which the licensed theatrical ordnance supplier is required to give the particulars for a particular year if—\nthe licensed theatrical ordnance supplier asks the authorised officer, in writing, for an extension within 2 months after the anniversary day for the licensed theatrical ordnance supplier’s licence; and\nthe authorised officer is satisfied there are reasonable grounds for the request.\ns 121 amd 1994 No. 13 s 3 sch ; 1996 No. 41 s 3 sch 1 ; 2003 No. 37 s 62\nsub 2012 No. 40 s 19\n(sec.121-ssec.1) Each year, a licensed theatrical ordnance supplier must, within the time determined under subsection (2) , give an authorised officer particulars, in the approved form, of all weapons held in stock by the licensed theatrical ordnance supplier as at the beginning of the anniversary day for the licensed theatrical ordnance supplier’s licence. Maximum penalty—60 penalty units.\n(sec.121-ssec.2) The licensed theatrical ordnance supplier must give the particulars to an authorised officer within 2 months after the anniversary day or any extended time allowed under subsection (3) .\n(sec.121-ssec.3) An authorised officer may extend the time within which the licensed theatrical ordnance supplier is required to give the particulars for a particular year if— the licensed theatrical ordnance supplier asks the authorised officer, in writing, for an extension within 2 months after the anniversary day for the licensed theatrical ordnance supplier’s licence; and the authorised officer is satisfied there are reasonable grounds for the request.\n- (a) the licensed theatrical ordnance supplier asks the authorised officer, in writing, for an extension within 2 months after the anniversary day for the licensed theatrical ordnance supplier’s licence; and\n- (b) the authorised officer is satisfied there are reasonable grounds for the request.","sortOrder":185},{"sectionNumber":"sec.122","sectionType":"section","heading":"Licensed theatrical ordnance supplier taken to be in unlawful possession","content":"### sec.122 Licensed theatrical ordnance supplier taken to be in unlawful possession\n\nA licensed theatrical ordnance supplier who, without reasonable excuse, possesses a weapon the prescribed particulars of which have not been entered in the ordnance register under section 117 is taken to contravene section 50 .\ns 122 ins 1996 No. 41 s 25","sortOrder":186},{"sectionNumber":"pt.4-div.8","sectionType":"division","heading":"Security guards and security organisations","content":"## Security guards and security organisations","sortOrder":187},{"sectionNumber":"sec.123","sectionType":"section","heading":"Armed security guard must be licensed","content":"### sec.123 Armed security guard must be licensed\n\nA person must not, in performing duties as a security guard, physically possess a weapon unless the person holds a security licence (guard).\nMaximum penalty—20 penalty units.\ns 123 sub 1994 No. 13 s 17 (amd 1996 No. 41 s 38 (1) )","sortOrder":188},{"sectionNumber":"sec.124","sectionType":"section","heading":"Training courses for security guards","content":"### sec.124 Training courses for security guards\n\nA person may be issued with a security licence (guard) only if the person has completed an approved safety training course (security guard).\nIf a person who holds a security licence (guard) intends to renew the licence, the person must complete an approved safety training course (security guard) within the period prescribed by regulation.\ns 124 sub 1994 No. 13 s 17 (amd 1996 No. 41 s 38 (2) )\namd 2007 No. 1 s 32 sch 2 ; 2011 No. 37 s 26 ; 2024 No. 45 s 72\n(sec.124-ssec.1) A person may be issued with a security licence (guard) only if the person has completed an approved safety training course (security guard).\n(sec.124-ssec.2) If a person who holds a security licence (guard) intends to renew the licence, the person must complete an approved safety training course (security guard) within the period prescribed by regulation.","sortOrder":189},{"sectionNumber":"sec.125","sectionType":"section","heading":"Control of possession and use of weapons by security guards","content":"### sec.125 Control of possession and use of weapons by security guards\n\nA regulation may impose conditions on the possession and use of weapons by persons performing the duties of a security guard.\ns 125 sub 1994 No. 13 s 17 ; 1997 No. 48 s 40","sortOrder":190},{"sectionNumber":"sec.126","sectionType":"section","heading":"Employed security guard must record prescribed information","content":"### sec.126 Employed security guard must record prescribed information\n\nA person who possesses or uses a weapon in performing duties as an employed security guard must, as prescribed by regulation, record information about the possession or use in the security organisation register kept by the security guard’s security organisation.\nMaximum penalty—10 penalty units.\nA regulation may specify the type of information that must be recorded and the time it must be recorded.\nIn this section—\nemployed security guard means a person who is employed as a security guard by a security organisation.\ns 126 amd 1994 No. 13 s 3 sch\nsub 1994 No. 13 s 17 (amd 1996 No. 41 s 38 (3) )\namd 1997 No. 48 s 41\n(sec.126-ssec.1) A person who possesses or uses a weapon in performing duties as an employed security guard must, as prescribed by regulation, record information about the possession or use in the security organisation register kept by the security guard’s security organisation. Maximum penalty—10 penalty units.\n(sec.126-ssec.2) A regulation may specify the type of information that must be recorded and the time it must be recorded.\n(sec.126-ssec.3) In this section— employed security guard means a person who is employed as a security guard by a security organisation.","sortOrder":191},{"sectionNumber":"sec.126A","sectionType":"section","heading":"Obligation of security guard carrying on business to keep register","content":"### sec.126A Obligation of security guard carrying on business to keep register\n\nAn individual who carries on business on the individual’s own account as a security guard must—\nkeep a register in the approved form ( security guard’s register ); and\nrecord in the security guard’s register, as prescribed under a regulation, information about the individual’s possession or use of weapons.\nMaximum penalty—10 penalty units.\nA person must not make an entry in the security guard’s register that is false or misleading.\nMaximum penalty—10 penalty units.\nA regulation may prescribe—\nthe type of information that must be recorded in the security guard’s register; and\nthe time when the information must be recorded.\ns 126A ins 1997 No. 48 s 42\n(sec.126A-ssec.1) An individual who carries on business on the individual’s own account as a security guard must— keep a register in the approved form ( security guard’s register ); and record in the security guard’s register, as prescribed under a regulation, information about the individual’s possession or use of weapons. Maximum penalty—10 penalty units.\n(sec.126A-ssec.2) A person must not make an entry in the security guard’s register that is false or misleading. Maximum penalty—10 penalty units.\n(sec.126A-ssec.3) A regulation may prescribe— the type of information that must be recorded in the security guard’s register; and the time when the information must be recorded.\n- (a) keep a register in the approved form ( security guard’s register ); and\n- (b) record in the security guard’s register, as prescribed under a regulation, information about the individual’s possession or use of weapons.\n- (a) the type of information that must be recorded in the security guard’s register; and\n- (b) the time when the information must be recorded.","sortOrder":192},{"sectionNumber":"sec.127","sectionType":"section","heading":"Obligations of security organisation in relation to the possession or use of a weapon","content":"### sec.127 Obligations of security organisation in relation to the possession or use of a weapon\n\nIn this section—\nemployee of a security organisation includes a person engaged in any way by the security organisation to perform duties for it.\nA security organisation must not—\npossess a weapon; or\nallow an employee to have physical possession of a weapon while performing duties for the organisation;\nunless the security organisation has been issued with a security licence (organisation).\nMaximum penalty—200 penalty units.\nA security organisation may only possess or use a weapon as prescribed by regulation.\nMaximum penalty—200 penalty units.\nA security organisation must ensure an employee of the security organisation only physically possesses or uses a weapon as prescribed by regulation.\nMaximum penalty for subsection (4) —200 penalty units.\ns 127 ins 1994 No. 13 s 17 (amd 1996 No. 41 s 38 (4) )\namd 2003 No. 37 s 63 ; 2011 No. 37 s 27\n(sec.127-ssec.1) In this section— employee of a security organisation includes a person engaged in any way by the security organisation to perform duties for it.\n(sec.127-ssec.2) A security organisation must not— possess a weapon; or allow an employee to have physical possession of a weapon while performing duties for the organisation; unless the security organisation has been issued with a security licence (organisation). Maximum penalty—200 penalty units.\n(sec.127-ssec.3) A security organisation may only possess or use a weapon as prescribed by regulation. Maximum penalty—200 penalty units.\n(sec.127-ssec.4) A security organisation must ensure an employee of the security organisation only physically possesses or uses a weapon as prescribed by regulation. Maximum penalty for subsection (4) —200 penalty units.\n- (a) possess a weapon; or\n- (b) allow an employee to have physical possession of a weapon while performing duties for the organisation;","sortOrder":193},{"sectionNumber":"sec.128","sectionType":"section","heading":"Obligations of security organisation in relation to register","content":"### sec.128 Obligations of security organisation in relation to register\n\nA security organisation must—\nkeep a security organisation register in the approved form; and\nrecord in the security organisation register, as prescribed by regulation, information about its, and its employees’, possession or use of weapons.\nMaximum penalty—20 penalty units.\nA person must not make an entry in the security organisation register that is false or misleading.\nMaximum penalty—20 penalty units.\nA regulation may prescribe—\nthe type of information that must be recorded in the security organisation register; and\nthe time when the information must be recorded; and\nwho must record the information on behalf of the security organisation; and\nprocedures the security organisation must undertake to verify an entry in the security organisation register.\ns 128 ins 1994 No. 13 s 17 (amd 1996 No. 41 s 38 (5) – (6) )\namd 2000 No. 5 s 461 sch 3 ; 2007 No. 1 s 32 sch 2\n(sec.128-ssec.1) A security organisation must— keep a security organisation register in the approved form; and record in the security organisation register, as prescribed by regulation, information about its, and its employees’, possession or use of weapons. Maximum penalty—20 penalty units.\n(sec.128-ssec.2) A person must not make an entry in the security organisation register that is false or misleading. Maximum penalty—20 penalty units.\n(sec.128-ssec.3) A regulation may prescribe— the type of information that must be recorded in the security organisation register; and the time when the information must be recorded; and who must record the information on behalf of the security organisation; and procedures the security organisation must undertake to verify an entry in the security organisation register.\n- (a) keep a security organisation register in the approved form; and\n- (b) record in the security organisation register, as prescribed by regulation, information about its, and its employees’, possession or use of weapons.\n- (a) the type of information that must be recorded in the security organisation register; and\n- (b) the time when the information must be recorded; and\n- (c) who must record the information on behalf of the security organisation; and\n- (d) procedures the security organisation must undertake to verify an entry in the security organisation register.","sortOrder":194},{"sectionNumber":"sec.129","sectionType":"section","heading":"Obligation of members of governing body of security organisation","content":"### sec.129 Obligation of members of governing body of security organisation\n\nEach member of the governing body of a security organisation must ensure the security organisation complies with this division.\nMaximum penalty—20 penalty units.\ns 129 ins 1994 No. 13 s 17","sortOrder":195},{"sectionNumber":"pt.5","sectionType":"part","heading":"Additional requirements in relation to category H weapons","content":"# Additional requirements in relation to category H weapons","sortOrder":196},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Requirements for holders of concealable firearms licence","content":"## Requirements for holders of concealable firearms licence","sortOrder":197},{"sectionNumber":"sec.130","sectionType":"section","heading":"Application of div 1","content":"### sec.130 Application of div 1\n\nThis division applies to a holder of a concealable firearms licence ( licensee ) whose genuine reason for possession of a weapon is sports or target shooting.\ns 130 prev s 130 ins 1994 No. 13 s 17 (amd 1996 No. 41 s 38 (7) )\nom 2000 No. 5 s 461 sch 3\npres s 130 ins 2003 No. 37 s 64","sortOrder":198},{"sectionNumber":"sec.131","sectionType":"section","heading":"Limitation on number of concealable firearms particular licensees may acquire","content":"### sec.131 Limitation on number of concealable firearms particular licensees may acquire\n\nAn individual licensee must not, during the first year after the individual is first issued with a concealable firearms licence, acquire for sports or target shooting under that licence more than—\n1 air pistol; and\n1 of the following—\na rim-fire pistol;\na centre-fire pistol;\na black-powder pistol.\nSubsection (1) does not apply to—\na person who—\nholds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting ( relevant authority ); and\nhas held the relevant authority for at least 12 months; and\nhas, in the other State, participated in not less than the number of handgun shooting competitions for the weapon necessary to comply with the law of the other State; or\na person who—\nwas permitted or authorised under the law of another country to possess a category H weapon for sports or target shooting; and\nhas, within the 2 year period immediately before the application is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon.\nshooting competitions in the Olympic Games\nshooting competitions in the Commonwealth Games\nmetallic silhouette world championship\ns 131 prev s 131 om 2000 No. 5 s 461 sch 3\npres s 131 ins 2003 No. 37 s 64\namd 2007 No. 1 s 32 sch 2\n(sec.131-ssec.1) An individual licensee must not, during the first year after the individual is first issued with a concealable firearms licence, acquire for sports or target shooting under that licence more than— 1 air pistol; and 1 of the following— a rim-fire pistol; a centre-fire pistol; a black-powder pistol.\n(sec.131-ssec.2) Subsection (1) does not apply to— a person who— holds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting ( relevant authority ); and has held the relevant authority for at least 12 months; and has, in the other State, participated in not less than the number of handgun shooting competitions for the weapon necessary to comply with the law of the other State; or a person who— was permitted or authorised under the law of another country to possess a category H weapon for sports or target shooting; and has, within the 2 year period immediately before the application is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon. shooting competitions in the Olympic Games shooting competitions in the Commonwealth Games metallic silhouette world championship\n- (a) 1 air pistol; and\n- (b) 1 of the following— (i) a rim-fire pistol; (ii) a centre-fire pistol; (iii) a black-powder pistol.\n- (i) a rim-fire pistol;\n- (ii) a centre-fire pistol;\n- (iii) a black-powder pistol.\n- (i) a rim-fire pistol;\n- (ii) a centre-fire pistol;\n- (iii) a black-powder pistol.\n- (a) a person who— (i) holds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting ( relevant authority ); and (ii) has held the relevant authority for at least 12 months; and (iii) has, in the other State, participated in not less than the number of handgun shooting competitions for the weapon necessary to comply with the law of the other State; or\n- (i) holds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting ( relevant authority ); and\n- (ii) has held the relevant authority for at least 12 months; and\n- (iii) has, in the other State, participated in not less than the number of handgun shooting competitions for the weapon necessary to comply with the law of the other State; or\n- (b) a person who— (i) was permitted or authorised under the law of another country to possess a category H weapon for sports or target shooting; and (ii) has, within the 2 year period immediately before the application is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon. Examples of internationally recognised shooting competitions— • shooting competitions in the Olympic Games • shooting competitions in the Commonwealth Games • metallic silhouette world championship\n- (i) was permitted or authorised under the law of another country to possess a category H weapon for sports or target shooting; and\n- (ii) has, within the 2 year period immediately before the application is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon. Examples of internationally recognised shooting competitions— • shooting competitions in the Olympic Games • shooting competitions in the Commonwealth Games • metallic silhouette world championship\n- • shooting competitions in the Olympic Games\n- • shooting competitions in the Commonwealth Games\n- • metallic silhouette world championship\n- (i) holds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting ( relevant authority ); and\n- (ii) has held the relevant authority for at least 12 months; and\n- (iii) has, in the other State, participated in not less than the number of handgun shooting competitions for the weapon necessary to comply with the law of the other State; or\n- (i) was permitted or authorised under the law of another country to possess a category H weapon for sports or target shooting; and\n- (ii) has, within the 2 year period immediately before the application is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon. Examples of internationally recognised shooting competitions— • shooting competitions in the Olympic Games • shooting competitions in the Commonwealth Games • metallic silhouette world championship\n- • shooting competitions in the Olympic Games\n- • shooting competitions in the Commonwealth Games\n- • metallic silhouette world championship\n- • shooting competitions in the Olympic Games\n- • shooting competitions in the Commonwealth Games\n- • metallic silhouette world championship","sortOrder":199},{"sectionNumber":"sec.132","sectionType":"section","heading":"Conditions for concealable firearms licence","content":"### sec.132 Conditions for concealable firearms licence\n\nIt is a condition of a concealable firearms licence that the licensee must not possess any of the following category H weapons under the authority of a concealable firearms licence—\na weapon that has a calibre of more than .38 inch;\na weapon that is semi-automatic and has a barrel length of less than 120mm unless it has an overall length of at least 250mm measured parallel to the barrel;\na weapon that is not semi-automatic and has a barrel length of less than 100mm unless it has an overall length of at least 250mm measured parallel to the barrel;\na weapon with a magazine capacity of more than 10 rounds.\nDespite subsection (1) (a) , an authorised officer may authorise the licensee, by condition endorsed on the licence, to possess a category H weapon that the licensee is not authorised to possess under subsection (1) if the authorised officer is satisfied that the licensee is to possess the weapon for use in an accredited event.\nSubsection (1) does not interfere with a person’s ability to hold the weapons under another appropriate licence.\nIt is a condition of a concealable firearms licence that the licensee must be a member of an approved pistol club.\nIn this section—\ncategory H weapon does not include a black-powder pistol.\ns 132 prev s 132 amd 1994 No. 13 s 3 sch\nsub 1996 No. 41 s 26\namd 1998 No. 19 s 41\nom 2000 No. 5 s 461 sch 3\npres s 132 ins 2003 No. 37 s 64\namd 2003 No. 92 s 62 ; 2020 No. 7 s 81\n(sec.132-ssec.1) It is a condition of a concealable firearms licence that the licensee must not possess any of the following category H weapons under the authority of a concealable firearms licence— a weapon that has a calibre of more than .38 inch; a weapon that is semi-automatic and has a barrel length of less than 120mm unless it has an overall length of at least 250mm measured parallel to the barrel; a weapon that is not semi-automatic and has a barrel length of less than 100mm unless it has an overall length of at least 250mm measured parallel to the barrel; a weapon with a magazine capacity of more than 10 rounds.\n(sec.132-ssec.2) Despite subsection (1) (a) , an authorised officer may authorise the licensee, by condition endorsed on the licence, to possess a category H weapon that the licensee is not authorised to possess under subsection (1) if the authorised officer is satisfied that the licensee is to possess the weapon for use in an accredited event. Subsection (1) does not interfere with a person’s ability to hold the weapons under another appropriate licence.\n(sec.132-ssec.3) It is a condition of a concealable firearms licence that the licensee must be a member of an approved pistol club.\n(sec.132-ssec.4) In this section— category H weapon does not include a black-powder pistol.\n- (a) a weapon that has a calibre of more than .38 inch;\n- (b) a weapon that is semi-automatic and has a barrel length of less than 120mm unless it has an overall length of at least 250mm measured parallel to the barrel;\n- (c) a weapon that is not semi-automatic and has a barrel length of less than 100mm unless it has an overall length of at least 250mm measured parallel to the barrel;\n- (d) a weapon with a magazine capacity of more than 10 rounds.","sortOrder":200},{"sectionNumber":"sec.133","sectionType":"section","heading":"Participation conditions for concealable firearms licence","content":"### sec.133 Participation conditions for concealable firearms licence\n\nIf a licensee is the registered owner of 1 or more category H weapons in a single class, the licensee’s licence is subject to the condition that the licensee use a weapon from that class in not less than 6 handgun shooting competitions conducted on different days in each financial year.\nFor subsection (1) , if a category H weapon to be used is a high calibre weapon, the handgun shooting competitions at which the weapon must be used must be accredited events.\nIf the licensee is the registered owner of at least 1 category H weapon in each of 2 or more classes, the licensee’s licence is subject to the condition that the licensee use a weapon from each class in not less than 4 club organised shoots for the class in each financial year.\nFor subsection (3) —\nat least 6 of the club organised shoots must be handgun shooting competitions; and\nif 1 of the classes is a class for high calibre weapons, at least 4 of the club organised shoots for a weapon from the class must be accredited events; and\neach club organised shoot for the classes must be conducted on different days.\nIf a licensee uses category H weapons from 2 classes in club organised shoots conducted on a single day, only 1 of the shoots is to be taken into account for the licensee’s participation record because the shoots are not conducted on different days.\nUnder section 134 , the licensee must keep a participation record. The licensee’s participation in club organised shoots must be entered in the record and endorsed by a range officer of the shooting club conducting the shoot.\nIf the licensee is the registered owner of a single category H weapon in a particular class for less than 12 months in a particular financial year, the relevant participation condition for use of a weapon from that class applies proportionately, based on whole calendar months, for that financial year, after rounding down to the nearest whole number of competitions.\nIf the licensee has 1 category H weapon for 6 months during a particular financial year, the licensee must participate in 3 club organised shoots to satisfy the participation condition for that weapon in that financial year.\nIf the licensee has 1 category H weapon for 5 months during a particular financial year, the licensee must participate in 2 club organised shoots to satisfy the participation condition for that weapon in that financial year.\nHowever, if the licensee is the registered owner of a single category H weapon in a particular class for less than 3 months in a particular financial year, the relevant participation condition for use of a weapon from that class does not apply for that financial year.\nAlso, if in a particular financial year the licensee satisfies an authorised officer that the licensee is, or was, unable to comply with a relevant participation condition for the year for reasons outside the licensee’s control, the authorised officer may decide the number of times, if any, that the licensee must use, or was required to use, a weapon in a club organised shoot for the particular year to satisfy the participation condition.\nA decision under subsection (7) must be made on a proportionate basis, based on whole calendar months, having regard to the period that the authorised officer is satisfied the licensee is, or was, unable to comply with a relevant participation condition for reasons outside the licensee’s control.\nIn this section—\nhigh calibre weapon means a category H weapon, other than a black-powder pistol, having a calibre of more than .38 inch but not more than .45 inch.\ns 133 prev s 133 om 2000 No. 5 s 461 sch 3\npres s 133 ins 2003 No. 37 s 64\n(sec.133-ssec.1) If a licensee is the registered owner of 1 or more category H weapons in a single class, the licensee’s licence is subject to the condition that the licensee use a weapon from that class in not less than 6 handgun shooting competitions conducted on different days in each financial year.\n(sec.133-ssec.2) For subsection (1) , if a category H weapon to be used is a high calibre weapon, the handgun shooting competitions at which the weapon must be used must be accredited events.\n(sec.133-ssec.3) If the licensee is the registered owner of at least 1 category H weapon in each of 2 or more classes, the licensee’s licence is subject to the condition that the licensee use a weapon from each class in not less than 4 club organised shoots for the class in each financial year.\n(sec.133-ssec.4) For subsection (3) — at least 6 of the club organised shoots must be handgun shooting competitions; and if 1 of the classes is a class for high calibre weapons, at least 4 of the club organised shoots for a weapon from the class must be accredited events; and each club organised shoot for the classes must be conducted on different days. If a licensee uses category H weapons from 2 classes in club organised shoots conducted on a single day, only 1 of the shoots is to be taken into account for the licensee’s participation record because the shoots are not conducted on different days. Under section 134 , the licensee must keep a participation record. The licensee’s participation in club organised shoots must be entered in the record and endorsed by a range officer of the shooting club conducting the shoot.\n(sec.133-ssec.5) If the licensee is the registered owner of a single category H weapon in a particular class for less than 12 months in a particular financial year, the relevant participation condition for use of a weapon from that class applies proportionately, based on whole calendar months, for that financial year, after rounding down to the nearest whole number of competitions. If the licensee has 1 category H weapon for 6 months during a particular financial year, the licensee must participate in 3 club organised shoots to satisfy the participation condition for that weapon in that financial year. If the licensee has 1 category H weapon for 5 months during a particular financial year, the licensee must participate in 2 club organised shoots to satisfy the participation condition for that weapon in that financial year.\n(sec.133-ssec.6) However, if the licensee is the registered owner of a single category H weapon in a particular class for less than 3 months in a particular financial year, the relevant participation condition for use of a weapon from that class does not apply for that financial year.\n(sec.133-ssec.7) Also, if in a particular financial year the licensee satisfies an authorised officer that the licensee is, or was, unable to comply with a relevant participation condition for the year for reasons outside the licensee’s control, the authorised officer may decide the number of times, if any, that the licensee must use, or was required to use, a weapon in a club organised shoot for the particular year to satisfy the participation condition.\n(sec.133-ssec.8) A decision under subsection (7) must be made on a proportionate basis, based on whole calendar months, having regard to the period that the authorised officer is satisfied the licensee is, or was, unable to comply with a relevant participation condition for reasons outside the licensee’s control.\n(sec.133-ssec.9) In this section— high calibre weapon means a category H weapon, other than a black-powder pistol, having a calibre of more than .38 inch but not more than .45 inch.\n- (a) at least 6 of the club organised shoots must be handgun shooting competitions; and\n- (b) if 1 of the classes is a class for high calibre weapons, at least 4 of the club organised shoots for a weapon from the class must be accredited events; and\n- (c) each club organised shoot for the classes must be conducted on different days. Example for paragraph (c) — If a licensee uses category H weapons from 2 classes in club organised shoots conducted on a single day, only 1 of the shoots is to be taken into account for the licensee’s participation record because the shoots are not conducted on different days.\n- 1 If the licensee has 1 category H weapon for 6 months during a particular financial year, the licensee must participate in 3 club organised shoots to satisfy the participation condition for that weapon in that financial year.\n- 2 If the licensee has 1 category H weapon for 5 months during a particular financial year, the licensee must participate in 2 club organised shoots to satisfy the participation condition for that weapon in that financial year.","sortOrder":201},{"sectionNumber":"sec.134","sectionType":"section","heading":"Licensees to keep participation record","content":"### sec.134 Licensees to keep participation record\n\nIf a licensee is the registered owner of a category H weapon, it is a special condition of the licensee’s licence that the licensee—\nadvise each approved pistol club of which the licensee is a member of the participation conditions, and any change to the participation conditions, to which the member’s licence is subject; and\nkeep a record of the licensee’s participation in handgun shooting competitions ( participation record ).\nThe advice under subsection (1) (a) must be given in writing within 28 days after the happening of any of the following—\nthe start of a financial year;\nthe licensee becoming a member of an approved pistol club;\na change to the participation conditions to which the licensee’s licence is subject.\nThe participation record must contain the information prescribed under a regulation.\nThe licensee must enter the prescribed information immediately after the licensee’s participation in a club organised shoot has ended.\nThe licensee must have the entry endorsed, in the way prescribed under a regulation, as correct by a range officer of the approved pistol club conducting the club organised shoot on the day of the shoot before the shoot ends.\nIf the club organised shoot is a handgun shooting competition conducted outside Queensland, the licensee may have the entry endorsed, in the way prescribed under a regulation, as correct by an official supervising the competition.\nAn endorsement under subsection (5) or (6) must clearly identify the person making the endorsement.\nAn entry properly endorsed under this section is evidence of the licensee’s participation in the club organised shoot.\nIn this section—\nregistered owner , of a category H weapon, means the person entered in the firearms register as the owner of the weapon.\ns 134 prev s 134 amd 1994 No. 13 s 3 sch\nom 2000 No. 5 s 461 sch 3\npres s 134 ins 2003 No. 37 s 64\n(sec.134-ssec.1) If a licensee is the registered owner of a category H weapon, it is a special condition of the licensee’s licence that the licensee— advise each approved pistol club of which the licensee is a member of the participation conditions, and any change to the participation conditions, to which the member’s licence is subject; and keep a record of the licensee’s participation in handgun shooting competitions ( participation record ).\n(sec.134-ssec.2) The advice under subsection (1) (a) must be given in writing within 28 days after the happening of any of the following— the start of a financial year; the licensee becoming a member of an approved pistol club; a change to the participation conditions to which the licensee’s licence is subject.\n(sec.134-ssec.3) The participation record must contain the information prescribed under a regulation.\n(sec.134-ssec.4) The licensee must enter the prescribed information immediately after the licensee’s participation in a club organised shoot has ended.\n(sec.134-ssec.5) The licensee must have the entry endorsed, in the way prescribed under a regulation, as correct by a range officer of the approved pistol club conducting the club organised shoot on the day of the shoot before the shoot ends.\n(sec.134-ssec.6) If the club organised shoot is a handgun shooting competition conducted outside Queensland, the licensee may have the entry endorsed, in the way prescribed under a regulation, as correct by an official supervising the competition.\n(sec.134-ssec.7) An endorsement under subsection (5) or (6) must clearly identify the person making the endorsement.\n(sec.134-ssec.8) An entry properly endorsed under this section is evidence of the licensee’s participation in the club organised shoot.\n(sec.134-ssec.9) In this section— registered owner , of a category H weapon, means the person entered in the firearms register as the owner of the weapon.\n- (a) advise each approved pistol club of which the licensee is a member of the participation conditions, and any change to the participation conditions, to which the member’s licence is subject; and\n- (b) keep a record of the licensee’s participation in handgun shooting competitions ( participation record ).\n- (a) the start of a financial year;\n- (b) the licensee becoming a member of an approved pistol club;\n- (c) a change to the participation conditions to which the licensee’s licence is subject.","sortOrder":202},{"sectionNumber":"sec.135","sectionType":"section","heading":"Show cause notice","content":"### sec.135 Show cause notice\n\nIf an authorised officer reasonably suspects that a licensee has failed to comply with a participation condition, the authorised officer may give the licensee a written notice ( show cause notice ).\nThe show cause notice must state the following—\nthat the licensee may be required to dispose of a particular category H weapon or class of category H weapon (the proposed action );\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nan invitation to the licensee to show, within a stated period (the show cause period ), why the proposed action should not be taken.\nThe show cause period must be a period ending at least 28 days after the day the show cause notice is given to the licensee.\ns 135 prev s 135 amd 1994 No. 13 s 18\nom 2000 No. 5 s 461 sch 3\npres s 135 ins 2003 No. 37 s 64\n(sec.135-ssec.1) If an authorised officer reasonably suspects that a licensee has failed to comply with a participation condition, the authorised officer may give the licensee a written notice ( show cause notice ).\n(sec.135-ssec.2) The show cause notice must state the following— that the licensee may be required to dispose of a particular category H weapon or class of category H weapon (the proposed action ); the ground for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the licensee to show, within a stated period (the show cause period ), why the proposed action should not be taken.\n(sec.135-ssec.3) The show cause period must be a period ending at least 28 days after the day the show cause notice is given to the licensee.\n- (a) that the licensee may be required to dispose of a particular category H weapon or class of category H weapon (the proposed action );\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) an invitation to the licensee to show, within a stated period (the show cause period ), why the proposed action should not be taken.","sortOrder":203},{"sectionNumber":"sec.136","sectionType":"section","heading":"Consideration of representations","content":"### sec.136 Consideration of representations\n\nThe licensee may make written representations about the show cause notice to the authorised officer in the show cause period.\nThe authorised officer must consider all written representations (the accepted representations ) made under subsection (1) .\ns 136 prev s 136 om 2000 No. 5 s 461 sch 3\npres s 136 ins 2003 No. 37 s 64\n(sec.136-ssec.1) The licensee may make written representations about the show cause notice to the authorised officer in the show cause period.\n(sec.136-ssec.2) The authorised officer must consider all written representations (the accepted representations ) made under subsection (1) .","sortOrder":204},{"sectionNumber":"sec.137","sectionType":"section","heading":"Notice to dispose","content":"### sec.137 Notice to dispose\n\nIf, after considering the accepted representations, the authorised officer is not satisfied that the licensee has complied with a participation condition, the authorised officer may, by written notice ( notice to dispose ) given to the licensee, require the licensee to dispose of a particular category H weapon or class of category H weapon within 3 months after the date of the notice.\nIf the authorised officer is satisfied that the licensee’s failure to comply with a participation condition was for reasons outside the licensee’s control, the authorised officer may, under section 133 (7) , decide the number of times the licensee was required to use the weapon to satisfy the participation condition.\nThe licensee must dispose of the weapon within 3 months after the date of the notice to dispose—\nto a person lawfully acquiring the weapon under a permit to acquire; or\nby delivering the weapon to a licensed dealer; or\nby delivering the weapon to a licensed armourer; or\nby surrendering the weapon to a police officer under arrangements made for the surrender.\nThe licensee may acquire a weapon delivered to a licensed dealer or licensed armourer under this section only if the licensee has a current permit to acquire the weapon issued after the weapon was delivered to the dealer or armourer.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nThe licensee must provide evidence of the disposal to an authorised officer within 4 months after the date of the notice to dispose.\nMaximum penalty—60 penalty units.\nIf a weapon is surrendered to a police officer under this section—\non the surrender, the weapon is State property; and\nno compensation is payable for the weapon.\ns 137 prev s 137 om 2000 No. 5 s 461 sch 3\npres s 137 ins 2003 No. 37 s 64\n(sec.137-ssec.1) If, after considering the accepted representations, the authorised officer is not satisfied that the licensee has complied with a participation condition, the authorised officer may, by written notice ( notice to dispose ) given to the licensee, require the licensee to dispose of a particular category H weapon or class of category H weapon within 3 months after the date of the notice. If the authorised officer is satisfied that the licensee’s failure to comply with a participation condition was for reasons outside the licensee’s control, the authorised officer may, under section 133 (7) , decide the number of times the licensee was required to use the weapon to satisfy the participation condition.\n(sec.137-ssec.2) The licensee must dispose of the weapon within 3 months after the date of the notice to dispose— to a person lawfully acquiring the weapon under a permit to acquire; or by delivering the weapon to a licensed dealer; or by delivering the weapon to a licensed armourer; or by surrendering the weapon to a police officer under arrangements made for the surrender.\n(sec.137-ssec.3) The licensee may acquire a weapon delivered to a licensed dealer or licensed armourer under this section only if the licensee has a current permit to acquire the weapon issued after the weapon was delivered to the dealer or armourer. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.137-ssec.4) The licensee must provide evidence of the disposal to an authorised officer within 4 months after the date of the notice to dispose. Maximum penalty—60 penalty units.\n(sec.137-ssec.5) If a weapon is surrendered to a police officer under this section— on the surrender, the weapon is State property; and no compensation is payable for the weapon.\n- (a) to a person lawfully acquiring the weapon under a permit to acquire; or\n- (b) by delivering the weapon to a licensed dealer; or\n- (c) by delivering the weapon to a licensed armourer; or\n- (d) by surrendering the weapon to a police officer under arrangements made for the surrender.\n- (a) on the surrender, the weapon is State property; and\n- (b) no compensation is payable for the weapon.","sortOrder":205},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Requirements for collectors","content":"## Requirements for collectors","sortOrder":206},{"sectionNumber":"sec.138","sectionType":"section","heading":"Condition for collector’s licence (weapons)","content":"### sec.138 Condition for collector’s licence (weapons)\n\nIt is a condition of a collector’s licence (weapons) that the licensee must not possess temporarily inoperable category H weapons unless the licensee is a member of an approved historical society.\nIt is a condition of a collector’s licence (weapons) that the licensee must not possess temporarily inoperable modern handguns.\nDespite subsection (2) , an authorised officer may authorise the licensee to possess temporarily inoperable modern handguns if the authorised officer is satisfied that the licensee has a prolonged and genuine interest in the study, preservation or collection of firearms.\nIf the authorised officer authorises the licensee to possess temporarily inoperable modern handguns, the authorised officer must endorse the licensee’s licence accordingly.\ns 138 prev s 138 om 2000 No. 5 s 461 sch 3\npres s 138 ins 2003 No. 37 s 64\n(sec.138-ssec.1) It is a condition of a collector’s licence (weapons) that the licensee must not possess temporarily inoperable category H weapons unless the licensee is a member of an approved historical society.\n(sec.138-ssec.2) It is a condition of a collector’s licence (weapons) that the licensee must not possess temporarily inoperable modern handguns.\n(sec.138-ssec.3) Despite subsection (2) , an authorised officer may authorise the licensee to possess temporarily inoperable modern handguns if the authorised officer is satisfied that the licensee has a prolonged and genuine interest in the study, preservation or collection of firearms.\n(sec.138-ssec.4) If the authorised officer authorises the licensee to possess temporarily inoperable modern handguns, the authorised officer must endorse the licensee’s licence accordingly.","sortOrder":207},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Requirements for approved pistol clubs","content":"## Requirements for approved pistol clubs","sortOrder":208},{"sectionNumber":"sec.139","sectionType":"section","heading":"Endorsement of participation record","content":"### sec.139 Endorsement of participation record\n\nThis section applies if an approved pistol club is conducting a club organised shoot.\nIf asked by a licensee participating in the club organised shoot after the licensee’s participation in the shoot has ended, but before the shoot ends, a range officer of the pistol club must—\ninspect the licensee’s entry in the licensee’s participation record; and\nif satisfied the entry is correct, endorse the entry in the way prescribed under a regulation.\ns 139 prev s 139 amd 1994 No. 13 ss 19 , 3 sch ; 1996 No. 41 s 3 sch 1 ; 1998 No. 19 s 42\nom 2000 No. 5 s 461 sch 3\npres s 139 ins 2003 No. 37 s 64\n(sec.139-ssec.1) This section applies if an approved pistol club is conducting a club organised shoot.\n(sec.139-ssec.2) If asked by a licensee participating in the club organised shoot after the licensee’s participation in the shoot has ended, but before the shoot ends, a range officer of the pistol club must— inspect the licensee’s entry in the licensee’s participation record; and if satisfied the entry is correct, endorse the entry in the way prescribed under a regulation.\n- (a) inspect the licensee’s entry in the licensee’s participation record; and\n- (b) if satisfied the entry is correct, endorse the entry in the way prescribed under a regulation.","sortOrder":209},{"sectionNumber":"sec.140","sectionType":"section","heading":"Approved pistol club to give report about members","content":"### sec.140 Approved pistol club to give report about members\n\nAn authorised officer may, by written notice given to the representative of an approved pistol club, require the representative to give the authorised officer a report under this section.\nThe representative must comply with the requirement within 28 days after receiving the notice.\nThe report must advise the authorised officer—\nabout each member of the pistol club who, according to the pistol club’s records, failed to satisfy a participation condition to which the member’s licence was subject during the immediately preceding financial year; or\nthat, according to the pistol club’s records, each member of the pistol club satisfied the participation conditions to which the member’s licence was subject during the immediately preceding financial year.\ns 140 prev s 140 om 2000 No. 5 s 461 sch 3\npres s 140 ins 2003 No. 37 s 64\namd 2012 No. 40 s 20\n(sec.140-ssec.1) An authorised officer may, by written notice given to the representative of an approved pistol club, require the representative to give the authorised officer a report under this section.\n(sec.140-ssec.2) The representative must comply with the requirement within 28 days after receiving the notice.\n(sec.140-ssec.3) The report must advise the authorised officer— about each member of the pistol club who, according to the pistol club’s records, failed to satisfy a participation condition to which the member’s licence was subject during the immediately preceding financial year; or that, according to the pistol club’s records, each member of the pistol club satisfied the participation conditions to which the member’s licence was subject during the immediately preceding financial year.\n- (a) about each member of the pistol club who, according to the pistol club’s records, failed to satisfy a participation condition to which the member’s licence was subject during the immediately preceding financial year; or\n- (b) that, according to the pistol club’s records, each member of the pistol club satisfied the participation conditions to which the member’s licence was subject during the immediately preceding financial year.","sortOrder":210},{"sectionNumber":"sec.141","sectionType":"section","heading":"Show cause notice","content":"### sec.141 Show cause notice\n\nIf a representative of an approved pistol club fails to comply with a requirement under section 140 , the authorised officer may give the approved pistol club a written notice ( show cause notice ).\nThe show cause notice must state the following—\nthat the authorised officer may revoke the approved pistol club’s shooting club permit (the proposed action );\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nan invitation to the approved pistol club to show, within a stated period (the show cause period ), why the proposed action should not be taken.\nThe show cause period must be a period ending at least 28 days after the day the show cause notice is given to the approved pistol club.\ns 141 prev s 141 om 2000 No. 5 s 461 sch 3\npres s 141 ins 2003 No. 37 s 64\namd 2012 No. 40 s 21\n(sec.141-ssec.1) If a representative of an approved pistol club fails to comply with a requirement under section 140 , the authorised officer may give the approved pistol club a written notice ( show cause notice ).\n(sec.141-ssec.2) The show cause notice must state the following— that the authorised officer may revoke the approved pistol club’s shooting club permit (the proposed action ); the ground for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the approved pistol club to show, within a stated period (the show cause period ), why the proposed action should not be taken.\n(sec.141-ssec.3) The show cause period must be a period ending at least 28 days after the day the show cause notice is given to the approved pistol club.\n- (a) that the authorised officer may revoke the approved pistol club’s shooting club permit (the proposed action );\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) an invitation to the approved pistol club to show, within a stated period (the show cause period ), why the proposed action should not be taken.","sortOrder":211},{"sectionNumber":"sec.141A","sectionType":"section","heading":"Consideration of representations","content":"### sec.141A Consideration of representations\n\nThe approved pistol club may make written representations about the show cause notice to the authorised officer in the show cause period.\nThe authorised officer must consider all written representations (the accepted representations ) made under subsection (1) .\nAn authorised officer is empowered to suspend or revoke a shooting club permit under section 96 .\ns 141A ins 2003 No. 37 s 64\n(sec.141A-ssec.1) The approved pistol club may make written representations about the show cause notice to the authorised officer in the show cause period.\n(sec.141A-ssec.2) The authorised officer must consider all written representations (the accepted representations ) made under subsection (1) . An authorised officer is empowered to suspend or revoke a shooting club permit under section 96 .","sortOrder":212},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Disclosure requirements for approved pistol clubs and approved historical societies","content":"## Disclosure requirements for approved pistol clubs and approved historical societies","sortOrder":213},{"sectionNumber":"sec.141B","sectionType":"section","heading":"Disclosure requirements","content":"### sec.141B Disclosure requirements\n\nIt is a condition of a relevant entity’s shooting club permit or approval that the representative of the entity must advise the commissioner in writing as required under subsection (2) —\nwhen a member of the entity stops being a member of an entity; or\nwhen a member of the entity is expelled from the entity and the reason for the expulsion.\nThe representative must advise the commissioner within 14 days after the member stops being a member or is expelled.\nThis section applies despite any duty of confidentiality owed by the representative or entity to the member.\nThe giving of information by a representative under this section does not give rise to any criminal or civil action or remedy against the representative or the entity.\nIn this section—\nrelevant entity means—\nan approved pistol club; or\nan approved historical society.\ns 141B ins 2003 No. 37 s 64\n(sec.141B-ssec.1) It is a condition of a relevant entity’s shooting club permit or approval that the representative of the entity must advise the commissioner in writing as required under subsection (2) — when a member of the entity stops being a member of an entity; or when a member of the entity is expelled from the entity and the reason for the expulsion.\n(sec.141B-ssec.2) The representative must advise the commissioner within 14 days after the member stops being a member or is expelled.\n(sec.141B-ssec.3) This section applies despite any duty of confidentiality owed by the representative or entity to the member.\n(sec.141B-ssec.4) The giving of information by a representative under this section does not give rise to any criminal or civil action or remedy against the representative or the entity.\n(sec.141B-ssec.5) In this section— relevant entity means— an approved pistol club; or an approved historical society.\n- (a) when a member of the entity stops being a member of an entity; or\n- (b) when a member of the entity is expelled from the entity and the reason for the expulsion.\n- (a) an approved pistol club; or\n- (b) an approved historical society.","sortOrder":214},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Firearm prohibition orders","content":"# Firearm prohibition orders","sortOrder":215},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":216},{"sectionNumber":"sec.141C","sectionType":"section","heading":"Purpose of part","content":"### sec.141C Purpose of part\n\nThe purpose of this part is to provide for the making of firearm prohibition orders in order to—\npromote public safety and security; and\ndisrupt and deter firearm related crime, including reducing the risk of firearms being used in the commission of offences.\ns 141C ins 2024 No. 45 s 73\n- (a) promote public safety and security; and\n- (b) disrupt and deter firearm related crime, including reducing the risk of firearms being used in the commission of offences.","sortOrder":217},{"sectionNumber":"sec.141D","sectionType":"section","heading":"Definitions for part","content":"### sec.141D Definitions for part\n\nIn this part—\ncourt means—\nin relation to a firearm prohibition order in relation to a child—the Childrens Court constituted by a Childrens Court magistrate; or\notherwise—the Magistrates Court.\ncriminal history , of a person, means the convictions, including spent convictions, whether or not recorded, against the person for offences in Queensland or elsewhere.\nfirearm includes an antique firearm and a replica of a firearm.\nfirearm prohibition order means a firearm prohibition order under section 141G or 141H .\nfirearm related item means—\nammunition; or\na magazine for a firearm; or\na silencer or another device or thing that is made or used, is capable of being used or is intended to be used for reducing the sound caused by discharging a firearm; or\nanother thing prescribed by regulation to be a firearm related item.\ns 141D ins 2024 No. 45 s 73\n- (a) in relation to a firearm prohibition order in relation to a child—the Childrens Court constituted by a Childrens Court magistrate; or\n- (b) otherwise—the Magistrates Court.\n- (a) ammunition; or\n- (b) a magazine for a firearm; or\n- (c) a silencer or another device or thing that is made or used, is capable of being used or is intended to be used for reducing the sound caused by discharging a firearm; or\n- (d) another thing prescribed by regulation to be a firearm related item.","sortOrder":218},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":"Making firearm prohibition orders","content":"## Making firearm prohibition orders","sortOrder":219},{"sectionNumber":"sec.141E","sectionType":"section","heading":"Matters to consider for making firearm prohibition orders—adults","content":"### sec.141E Matters to consider for making firearm prohibition orders—adults\n\nThis section applies if the commissioner or the court is considering whether it is in the public interest to make a firearm prohibition order in relation to an adult.\nThe commissioner or the court may have regard to the following—\nthe individual’s criminal history;\nthe individual’s domestic violence history, including whether the individual—\nis or has been subject to a domestic violence order; or\nis or has been named as a respondent in an application for a domestic violence order;\nwhether the individual is or has been a participant in—\na criminal organisation; or\na terrorist organisation;\nwhether the individual is an associate of a recognised offender;\nwhether the individual has communicated in a public forum, or to another person, that the individual intends or wishes to commit a serious offence;\nsocial media sites, online forums\nwhether the individual is or has been subject to a relevant order made by a court and the circumstances surrounding the making of the order;\na control order under the Criminal Code (Cwlth)\nan order made by a court under the Dangerous Prisoners (Sexual Offenders) Act 2003\nthe individual’s behaviour, particularly violent or aggressive behaviour or behaviour involving the use of a weapon;\nthe risk the individual poses to public safety or security, and the extent to which making the firearm prohibition order will reduce the risk;\nany other matter or information that indicates possession of a firearm or firearm related item by the individual would be likely to pose a risk to public safety or security.\nIn considering a matter under subsection (2) , the commissioner or the court may have regard to criminal intelligence.\nFor this section, an individual is an associate of a recognised offender if the individual—\nhas a romantic or familial relationship with the offender; or\nassociates with the offender in a way that involves seeking out or accepting the offender’s company, whether the association happens in person or in another way, including, for example, electronically.\nIn this section—\ncriminal organisation see the Penalties and Sentences Act 1992 , section 161O .\nrecognised offender see the Criminal Code , section 77 .\nterrorist organisation see the Criminal Code (Cwlth) , section 102 .1(1).\ns 141E ins 2024 No. 45 s 73\n(sec.141E-ssec.1) This section applies if the commissioner or the court is considering whether it is in the public interest to make a firearm prohibition order in relation to an adult.\n(sec.141E-ssec.2) The commissioner or the court may have regard to the following— the individual’s criminal history; the individual’s domestic violence history, including whether the individual— is or has been subject to a domestic violence order; or is or has been named as a respondent in an application for a domestic violence order; whether the individual is or has been a participant in— a criminal organisation; or a terrorist organisation; whether the individual is an associate of a recognised offender; whether the individual has communicated in a public forum, or to another person, that the individual intends or wishes to commit a serious offence; social media sites, online forums whether the individual is or has been subject to a relevant order made by a court and the circumstances surrounding the making of the order; a control order under the Criminal Code (Cwlth) an order made by a court under the Dangerous Prisoners (Sexual Offenders) Act 2003 the individual’s behaviour, particularly violent or aggressive behaviour or behaviour involving the use of a weapon; the risk the individual poses to public safety or security, and the extent to which making the firearm prohibition order will reduce the risk; any other matter or information that indicates possession of a firearm or firearm related item by the individual would be likely to pose a risk to public safety or security.\n(sec.141E-ssec.3) In considering a matter under subsection (2) , the commissioner or the court may have regard to criminal intelligence.\n(sec.141E-ssec.4) For this section, an individual is an associate of a recognised offender if the individual— has a romantic or familial relationship with the offender; or associates with the offender in a way that involves seeking out or accepting the offender’s company, whether the association happens in person or in another way, including, for example, electronically.\n(sec.141E-ssec.5) In this section— criminal organisation see the Penalties and Sentences Act 1992 , section 161O . recognised offender see the Criminal Code , section 77 . terrorist organisation see the Criminal Code (Cwlth) , section 102 .1(1).\n- (a) the individual’s criminal history;\n- (b) the individual’s domestic violence history, including whether the individual— (i) is or has been subject to a domestic violence order; or (ii) is or has been named as a respondent in an application for a domestic violence order;\n- (i) is or has been subject to a domestic violence order; or\n- (ii) is or has been named as a respondent in an application for a domestic violence order;\n- (c) whether the individual is or has been a participant in— (i) a criminal organisation; or (ii) a terrorist organisation;\n- (i) a criminal organisation; or\n- (ii) a terrorist organisation;\n- (d) whether the individual is an associate of a recognised offender;\n- (e) whether the individual has communicated in a public forum, or to another person, that the individual intends or wishes to commit a serious offence; Examples of public forums— social media sites, online forums\n- (f) whether the individual is or has been subject to a relevant order made by a court and the circumstances surrounding the making of the order; Examples of relevant court orders— • a control order under the Criminal Code (Cwlth) • an order made by a court under the Dangerous Prisoners (Sexual Offenders) Act 2003\n- • a control order under the Criminal Code (Cwlth)\n- • an order made by a court under the Dangerous Prisoners (Sexual Offenders) Act 2003\n- (g) the individual’s behaviour, particularly violent or aggressive behaviour or behaviour involving the use of a weapon;\n- (h) the risk the individual poses to public safety or security, and the extent to which making the firearm prohibition order will reduce the risk;\n- (i) any other matter or information that indicates possession of a firearm or firearm related item by the individual would be likely to pose a risk to public safety or security.\n- (i) is or has been subject to a domestic violence order; or\n- (ii) is or has been named as a respondent in an application for a domestic violence order;\n- (i) a criminal organisation; or\n- (ii) a terrorist organisation;\n- • a control order under the Criminal Code (Cwlth)\n- • an order made by a court under the Dangerous Prisoners (Sexual Offenders) Act 2003\n- (a) has a romantic or familial relationship with the offender; or\n- (b) associates with the offender in a way that involves seeking out or accepting the offender’s company, whether the association happens in person or in another way, including, for example, electronically.","sortOrder":220},{"sectionNumber":"sec.141F","sectionType":"section","heading":"Matters to consider for making firearm prohibition orders—children","content":"### sec.141F Matters to consider for making firearm prohibition orders—children\n\nThis section applies if the commissioner or the court is considering whether it is in the public interest to make a firearm prohibition order in relation to a child.\nThe commissioner or the court must have regard to the following matters—\nthe desirability of strengthening and preserving the relationship between the child and their parents and family;\nthe desirability of not interrupting or disturbing the child’s living arrangements, education, training or employment;\nthe desirability of minimising adverse effects on the child’s reputation that may arise from making the firearm prohibition order;\nthe age and maturity of the child.\nAlso, the commissioner or the court may have regard to the following—\nthe child’s criminal history;\nthe child’s behaviour, particularly violent or aggressive behaviour, behaviour that constitutes domestic and family violence or behaviour involving the use of a weapon;\nthe risk the child poses to public safety or security, and the extent to which making the firearm prohibition order will reduce the risk;\nany other matter or information that indicates possession of a firearm or firearm related item by the child would be likely to pose a risk to public safety or security.\nIn considering a matter under subsection (3) , the commissioner or the court may have regard to criminal intelligence.\ns 141F ins 2024 No. 45 s 73\n(sec.141F-ssec.1) This section applies if the commissioner or the court is considering whether it is in the public interest to make a firearm prohibition order in relation to a child.\n(sec.141F-ssec.2) The commissioner or the court must have regard to the following matters— the desirability of strengthening and preserving the relationship between the child and their parents and family; the desirability of not interrupting or disturbing the child’s living arrangements, education, training or employment; the desirability of minimising adverse effects on the child’s reputation that may arise from making the firearm prohibition order; the age and maturity of the child.\n(sec.141F-ssec.3) Also, the commissioner or the court may have regard to the following— the child’s criminal history; the child’s behaviour, particularly violent or aggressive behaviour, behaviour that constitutes domestic and family violence or behaviour involving the use of a weapon; the risk the child poses to public safety or security, and the extent to which making the firearm prohibition order will reduce the risk; any other matter or information that indicates possession of a firearm or firearm related item by the child would be likely to pose a risk to public safety or security.\n(sec.141F-ssec.4) In considering a matter under subsection (3) , the commissioner or the court may have regard to criminal intelligence.\n- (a) the desirability of strengthening and preserving the relationship between the child and their parents and family;\n- (b) the desirability of not interrupting or disturbing the child’s living arrangements, education, training or employment;\n- (c) the desirability of minimising adverse effects on the child’s reputation that may arise from making the firearm prohibition order;\n- (d) the age and maturity of the child.\n- (a) the child’s criminal history;\n- (b) the child’s behaviour, particularly violent or aggressive behaviour, behaviour that constitutes domestic and family violence or behaviour involving the use of a weapon;\n- (c) the risk the child poses to public safety or security, and the extent to which making the firearm prohibition order will reduce the risk;\n- (d) any other matter or information that indicates possession of a firearm or firearm related item by the child would be likely to pose a risk to public safety or security.","sortOrder":221},{"sectionNumber":"sec.141G","sectionType":"section","heading":"Commissioner may make firearm prohibition orders","content":"### sec.141G Commissioner may make firearm prohibition orders\n\nThe commissioner may make a firearm prohibition order prohibiting an individual from acquiring, possessing or using, or attempting to acquire, possess or use, a firearm or firearm related item.\nHowever, the commissioner may make the firearm prohibition order only if satisfied it is in the public interest to do so.\nAlso, the commissioner may make the firearm prohibition order only if the individual is 14 years or older.\nThe firearm prohibition order has effect for the period, of not more than 60 days, stated in the order.\nFor when a firearm prohibition order takes effect, see section 141J .\nThe commissioner may revoke a firearm prohibition order made by the commissioner at any time.\ns 141G ins 2024 No. 45 s 73\n(sec.141G-ssec.1) The commissioner may make a firearm prohibition order prohibiting an individual from acquiring, possessing or using, or attempting to acquire, possess or use, a firearm or firearm related item.\n(sec.141G-ssec.2) However, the commissioner may make the firearm prohibition order only if satisfied it is in the public interest to do so.\n(sec.141G-ssec.3) Also, the commissioner may make the firearm prohibition order only if the individual is 14 years or older.\n(sec.141G-ssec.4) The firearm prohibition order has effect for the period, of not more than 60 days, stated in the order. For when a firearm prohibition order takes effect, see section 141J .\n(sec.141G-ssec.5) The commissioner may revoke a firearm prohibition order made by the commissioner at any time.","sortOrder":222},{"sectionNumber":"sec.141H","sectionType":"section","heading":"Court may make firearm prohibition orders","content":"### sec.141H Court may make firearm prohibition orders\n\nThe court may make a firearm prohibition order prohibiting an individual from acquiring, possessing or using, or attempting to acquire, possess or use, a firearm or firearm related item.\nThe court may make the firearm prohibition order—\non the court’s own initiative; or\non the court’s own initiative on the conviction of the individual for an offence\non application by the commissioner under section 141M .\nHowever, the court may make the firearm prohibition order only if satisfied it is in the public interest to do so.\nAlso, the court may make the firearm prohibition order only if the individual is 14 years or older.\nThe firearm prohibition order has effect for the period of—\nif the individual is an adult—10 years; or\nif the individual is a child—5 years.\nFor when a firearm prohibition order takes effect, see section 141J .\nHowever, the firearm prohibition order may state that the order has effect for a shorter period if the court is satisfied the shorter period is appropriate in the circumstances, having regard to the risk the individual poses to public safety or security.\nThe court may revoke a firearm prohibition order made by the court only if—\nthe commissioner applies for the revocation; or\nthe order is in relation to a child and has been reviewed under division 5 .\ns 141H ins 2024 No. 45 s 73\n(sec.141H-ssec.1) The court may make a firearm prohibition order prohibiting an individual from acquiring, possessing or using, or attempting to acquire, possess or use, a firearm or firearm related item.\n(sec.141H-ssec.2) The court may make the firearm prohibition order— on the court’s own initiative; or on the court’s own initiative on the conviction of the individual for an offence on application by the commissioner under section 141M .\n(sec.141H-ssec.3) However, the court may make the firearm prohibition order only if satisfied it is in the public interest to do so.\n(sec.141H-ssec.4) Also, the court may make the firearm prohibition order only if the individual is 14 years or older.\n(sec.141H-ssec.5) The firearm prohibition order has effect for the period of— if the individual is an adult—10 years; or if the individual is a child—5 years. For when a firearm prohibition order takes effect, see section 141J .\n(sec.141H-ssec.6) However, the firearm prohibition order may state that the order has effect for a shorter period if the court is satisfied the shorter period is appropriate in the circumstances, having regard to the risk the individual poses to public safety or security.\n(sec.141H-ssec.7) The court may revoke a firearm prohibition order made by the court only if— the commissioner applies for the revocation; or the order is in relation to a child and has been reviewed under division 5 .\n- (a) on the court’s own initiative; or Example for paragraph (a) — on the court’s own initiative on the conviction of the individual for an offence\n- (b) on application by the commissioner under section 141M .\n- (a) if the individual is an adult—10 years; or\n- (b) if the individual is a child—5 years.\n- (a) the commissioner applies for the revocation; or\n- (b) the order is in relation to a child and has been reviewed under division 5 .","sortOrder":223},{"sectionNumber":"sec.141I","sectionType":"section","heading":"Content of firearm prohibition orders","content":"### sec.141I Content of firearm prohibition orders\n\nA firearm prohibition order must state the following—\ninformation identifying the individual the subject of the order;\nthe day the order is made;\nthe period the order has effect;\nthe effect of division 3 , including that a person may commit an offence and be subject to a penalty under that division;\nthat police may conduct searches under division 4 ;\nthat the individual may appeal against the decision to make the order;\nhow, and the period within which, the individual may appeal.\ns 141I ins 2024 No. 45 s 73\n- (a) information identifying the individual the subject of the order;\n- (b) the day the order is made;\n- (c) the period the order has effect;\n- (d) the effect of division 3 , including that a person may commit an offence and be subject to a penalty under that division;\n- (e) that police may conduct searches under division 4 ;\n- (f) that the individual may appeal against the decision to make the order;\n- (g) how, and the period within which, the individual may appeal.","sortOrder":224},{"sectionNumber":"sec.141J","sectionType":"section","heading":"When firearm prohibition orders take effect","content":"### sec.141J When firearm prohibition orders take effect\n\nA firearm prohibition order in relation to an individual takes effect—\nif the order is made by the court and the individual is present in court when the order is made—when the order is made; or\notherwise—when a police officer serves the order or a copy of the order on the individual under section 141P .\ns 141J ins 2024 No. 45 s 73\n- (a) if the order is made by the court and the individual is present in court when the order is made—when the order is made; or\n- (b) otherwise—when a police officer serves the order or a copy of the order on the individual under section 141P .","sortOrder":225},{"sectionNumber":"sec.141K","sectionType":"section","heading":"Parent and particular chief executives to be notified of orders in relation to children","content":"### sec.141K Parent and particular chief executives to be notified of orders in relation to children\n\nThis section applies if a firearm prohibition order takes effect in relation to a child.\nA police officer must, as soon as reasonably practicable, notify the following persons of the order—\na parent of the child, unless no parent of the child can be contacted after making all reasonable inquiries;\nthe chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which the chief executive has responsibility;\nif the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which the chief executive has responsibility.\nIf no parent of the child can be contacted after making all reasonable inquiries, a police officer must make a record of the inquiries made.\nIn this section—\nchief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.\nchief executive (communities) means the chief executive of the department in which the Youth Justice Act 1992 is administered.\nparent —\nmeans a parent within the meaning of the Youth Justice Act 1992 , schedule 4 ; and\nincludes a person who is apparently a parent of a child.\ns 141K ins 2024 No. 45 s 73\n(sec.141K-ssec.1) This section applies if a firearm prohibition order takes effect in relation to a child.\n(sec.141K-ssec.2) A police officer must, as soon as reasonably practicable, notify the following persons of the order— a parent of the child, unless no parent of the child can be contacted after making all reasonable inquiries; the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which the chief executive has responsibility; if the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which the chief executive has responsibility.\n(sec.141K-ssec.3) If no parent of the child can be contacted after making all reasonable inquiries, a police officer must make a record of the inquiries made.\n(sec.141K-ssec.4) In this section— chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered. chief executive (communities) means the chief executive of the department in which the Youth Justice Act 1992 is administered. parent — means a parent within the meaning of the Youth Justice Act 1992 , schedule 4 ; and includes a person who is apparently a parent of a child.\n- (a) a parent of the child, unless no parent of the child can be contacted after making all reasonable inquiries;\n- (b) the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which the chief executive has responsibility;\n- (c) if the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which the chief executive has responsibility.\n- (a) means a parent within the meaning of the Youth Justice Act 1992 , schedule 4 ; and\n- (b) includes a person who is apparently a parent of a child.","sortOrder":226},{"sectionNumber":"sec.141L","sectionType":"section","heading":"Further firearm prohibition orders may be made","content":"### sec.141L Further firearm prohibition orders may be made\n\nThe expiry of a firearm prohibition order in relation to an individual does not prevent the commissioner or the court from making a further firearm prohibition order in relation to the individual.\nSubsection (3) applies if an individual has been subject to a firearm prohibition order made by the commissioner within the previous 12 months.\nDespite subsection (1) , the commissioner may not make a further firearm prohibition order in relation to the individual unless the commissioner reasonably believes an application to the court for a firearm prohibition order in relation to the individual under section 141M may not be decided sufficiently quickly by the court to ensure public safety or security.\nThe commissioner must apply to the court for a firearm prohibition order in relation to the individual under section 141M within 3 business days after the day the further firearm prohibition order is made under subsection (3) .\ns 141L ins 2024 No. 45 s 73\n(sec.141L-ssec.1) The expiry of a firearm prohibition order in relation to an individual does not prevent the commissioner or the court from making a further firearm prohibition order in relation to the individual.\n(sec.141L-ssec.2) Subsection (3) applies if an individual has been subject to a firearm prohibition order made by the commissioner within the previous 12 months.\n(sec.141L-ssec.3) Despite subsection (1) , the commissioner may not make a further firearm prohibition order in relation to the individual unless the commissioner reasonably believes an application to the court for a firearm prohibition order in relation to the individual under section 141M may not be decided sufficiently quickly by the court to ensure public safety or security.\n(sec.141L-ssec.4) The commissioner must apply to the court for a firearm prohibition order in relation to the individual under section 141M within 3 business days after the day the further firearm prohibition order is made under subsection (3) .","sortOrder":227},{"sectionNumber":"sec.141M","sectionType":"section","heading":"Applications to court by commissioner","content":"### sec.141M Applications to court by commissioner\n\nThe commissioner may apply to the court for a firearm prohibition order to be made in relation to an individual.\nThe application must state the following—\ninformation identifying the individual;\nthe reasons why the commissioner considers it is in the public interest to make the firearm prohibition order, including the facts and circumstances in support of the reasons;\nthat the individual may respond to the application under section 141N ;\nthe commissioner’s address for service of any response to the application;\nthat if the individual does not appear at the hearing of the application, a firearm prohibition order may be made in the individual’s absence;\nif the individual is subject to a firearm prohibition order made by the commissioner—that, unless the court orders otherwise, the order remains in effect until—\na firearm prohibition order made by the court takes effect; or\nif no firearm prohibition order is made by the court—the application is finally determined by the court or is withdrawn.\nThe application must be accompanied by any affidavit the commissioner intends to rely on at the hearing of the application.\nThe commissioner must give the individual a copy of the application and any accompanying affidavit as soon as reasonably practicable after the application is made.\ns 141M ins 2024 No. 45 s 73\n(sec.141M-ssec.1) The commissioner may apply to the court for a firearm prohibition order to be made in relation to an individual.\n(sec.141M-ssec.2) The application must state the following— information identifying the individual; the reasons why the commissioner considers it is in the public interest to make the firearm prohibition order, including the facts and circumstances in support of the reasons; that the individual may respond to the application under section 141N ; the commissioner’s address for service of any response to the application; that if the individual does not appear at the hearing of the application, a firearm prohibition order may be made in the individual’s absence; if the individual is subject to a firearm prohibition order made by the commissioner—that, unless the court orders otherwise, the order remains in effect until— a firearm prohibition order made by the court takes effect; or if no firearm prohibition order is made by the court—the application is finally determined by the court or is withdrawn.\n(sec.141M-ssec.3) The application must be accompanied by any affidavit the commissioner intends to rely on at the hearing of the application.\n(sec.141M-ssec.4) The commissioner must give the individual a copy of the application and any accompanying affidavit as soon as reasonably practicable after the application is made.\n- (a) information identifying the individual;\n- (b) the reasons why the commissioner considers it is in the public interest to make the firearm prohibition order, including the facts and circumstances in support of the reasons;\n- (c) that the individual may respond to the application under section 141N ;\n- (d) the commissioner’s address for service of any response to the application;\n- (e) that if the individual does not appear at the hearing of the application, a firearm prohibition order may be made in the individual’s absence;\n- (f) if the individual is subject to a firearm prohibition order made by the commissioner—that, unless the court orders otherwise, the order remains in effect until— (i) a firearm prohibition order made by the court takes effect; or (ii) if no firearm prohibition order is made by the court—the application is finally determined by the court or is withdrawn.\n- (i) a firearm prohibition order made by the court takes effect; or\n- (ii) if no firearm prohibition order is made by the court—the application is finally determined by the court or is withdrawn.\n- (i) a firearm prohibition order made by the court takes effect; or\n- (ii) if no firearm prohibition order is made by the court—the application is finally determined by the court or is withdrawn.","sortOrder":228},{"sectionNumber":"sec.141N","sectionType":"section","heading":"Responses to applications","content":"### sec.141N Responses to applications\n\nThe individual may respond to the application by filing a response with the court.\nThe response must—\nstate the nature of the response; and\nstate the facts and circumstances relied on by the individual in responding to the application; and\nbe accompanied by any affidavit the individual intends to rely on at the hearing of the application.\nThe individual must, as soon as practicable after the response is filed, give the commissioner a copy of the response and any accompanying affidavit by leaving the documents at, or sending them to, the address for service stated in the application.\ns 141N ins 2024 No. 45 s 73\n(sec.141N-ssec.1) The individual may respond to the application by filing a response with the court.\n(sec.141N-ssec.2) The response must— state the nature of the response; and state the facts and circumstances relied on by the individual in responding to the application; and be accompanied by any affidavit the individual intends to rely on at the hearing of the application.\n(sec.141N-ssec.3) The individual must, as soon as practicable after the response is filed, give the commissioner a copy of the response and any accompanying affidavit by leaving the documents at, or sending them to, the address for service stated in the application.\n- (a) state the nature of the response; and\n- (b) state the facts and circumstances relied on by the individual in responding to the application; and\n- (c) be accompanied by any affidavit the individual intends to rely on at the hearing of the application.","sortOrder":229},{"sectionNumber":"sec.141O","sectionType":"section","heading":"Continuation of firearm prohibition orders if application made to court","content":"### sec.141O Continuation of firearm prohibition orders if application made to court\n\nThis section applies if, when the application is made, the individual is subject to a firearm prohibition order made by the commissioner.\nUnless the court orders otherwise, the firearm prohibition order made by the commissioner continues in effect until—\na firearm prohibition order made by the court takes effect; or\nif no firearm prohibition order is made by the court—the application is finally determined by the court or is withdrawn.\nSubsection (2) applies despite section 141G (4) .\ns 141O ins 2024 No. 45 s 73\n(sec.141O-ssec.1) This section applies if, when the application is made, the individual is subject to a firearm prohibition order made by the commissioner.\n(sec.141O-ssec.2) Unless the court orders otherwise, the firearm prohibition order made by the commissioner continues in effect until— a firearm prohibition order made by the court takes effect; or if no firearm prohibition order is made by the court—the application is finally determined by the court or is withdrawn.\n(sec.141O-ssec.3) Subsection (2) applies despite section 141G (4) .\n- (a) a firearm prohibition order made by the court takes effect; or\n- (b) if no firearm prohibition order is made by the court—the application is finally determined by the court or is withdrawn.","sortOrder":230},{"sectionNumber":"sec.141P","sectionType":"section","heading":"Personal service of firearm prohibition orders","content":"### sec.141P Personal service of firearm prohibition orders\n\nThis section applies if a firearm prohibition order is made in relation to an individual—\nby the commissioner; or\nby the court and the individual is not present in court when the order is made.\nA police officer must—\nserve the firearm prohibition order, or a copy of the order, personally on the individual the subject of the order; and\ntell the individual on whom the order or copy is served that the order is a firearm prohibition order.\nHowever, if the individual does not accept the firearm prohibition order, the police officer may serve the order on the individual by—\nputting the order, or a copy of the order, down in the individual’s presence; and\ntelling the individual that the order is a firearm prohibition order.\nIf practicable, service under this section must be electronically recorded by a police officer.\nIn this section—\nelectronically recorded see the Police Powers and Responsibilities Act 2000 , schedule 6 .\ns 141P ins 2024 No. 45 s 73\n(sec.141P-ssec.1) This section applies if a firearm prohibition order is made in relation to an individual— by the commissioner; or by the court and the individual is not present in court when the order is made.\n(sec.141P-ssec.2) A police officer must— serve the firearm prohibition order, or a copy of the order, personally on the individual the subject of the order; and tell the individual on whom the order or copy is served that the order is a firearm prohibition order.\n(sec.141P-ssec.3) However, if the individual does not accept the firearm prohibition order, the police officer may serve the order on the individual by— putting the order, or a copy of the order, down in the individual’s presence; and telling the individual that the order is a firearm prohibition order.\n(sec.141P-ssec.4) If practicable, service under this section must be electronically recorded by a police officer.\n(sec.141P-ssec.5) In this section— electronically recorded see the Police Powers and Responsibilities Act 2000 , schedule 6 .\n- (a) by the commissioner; or\n- (b) by the court and the individual is not present in court when the order is made.\n- (a) serve the firearm prohibition order, or a copy of the order, personally on the individual the subject of the order; and\n- (b) tell the individual on whom the order or copy is served that the order is a firearm prohibition order.\n- (a) putting the order, or a copy of the order, down in the individual’s presence; and\n- (b) telling the individual that the order is a firearm prohibition order.","sortOrder":231},{"sectionNumber":"sec.141Q","sectionType":"section","heading":"Power to give directions to facilitate personal service of firearm prohibition orders","content":"### sec.141Q Power to give directions to facilitate personal service of firearm prohibition orders\n\nThis section applies if—\na firearm prohibition order is made in relation to an individual—\nby the commissioner; or\nby the court and the individual is not present in court when the order is made; and\na police officer reasonably suspects an individual is the individual the subject of the order.\nA police officer may, for the purpose of enabling a police officer to serve the firearm prohibition order under section 141P , do any of the following—\nif it is necessary to confirm the identity of the individual—direct the individual—\nto state the individual’s name and address; and\nto give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence;\ndirect the individual to remain at a stated appropriate place at or near the individual’s current location for a stated period;\ndirect the individual to attend a stated police station immediately or within a stated period;\ndirect the individual to accompany a police officer to the nearest police station or another stated place.\nA direction under subsection (2) may be given only if the police officer considers it is reasonably necessary to enable service of the firearm prohibition order.\nIn giving the direction, the police officer must tell the individual the following matters—\nwhy the individual is being given the direction;\nif the direction is to accompany a police officer to a place—\nwhere the place is; and\nhow the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and\nthat the individual may be searched before being transported to the place by a police officer; and\nthat the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and\nthat anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence;\nthat the individual is not under arrest or in custody while complying with the direction.\ns 141Q ins 2024 No. 45 s 73\n(sec.141Q-ssec.1) This section applies if— a firearm prohibition order is made in relation to an individual— by the commissioner; or by the court and the individual is not present in court when the order is made; and a police officer reasonably suspects an individual is the individual the subject of the order.\n(sec.141Q-ssec.2) A police officer may, for the purpose of enabling a police officer to serve the firearm prohibition order under section 141P , do any of the following— if it is necessary to confirm the identity of the individual—direct the individual— to state the individual’s name and address; and to give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence; direct the individual to remain at a stated appropriate place at or near the individual’s current location for a stated period; direct the individual to attend a stated police station immediately or within a stated period; direct the individual to accompany a police officer to the nearest police station or another stated place.\n(sec.141Q-ssec.2A) A direction under subsection (2) may be given only if the police officer considers it is reasonably necessary to enable service of the firearm prohibition order.\n(sec.141Q-ssec.3) In giving the direction, the police officer must tell the individual the following matters— why the individual is being given the direction; if the direction is to accompany a police officer to a place— where the place is; and how the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and that the individual may be searched before being transported to the place by a police officer; and that the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and that anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence; that the individual is not under arrest or in custody while complying with the direction.\n- (a) a firearm prohibition order is made in relation to an individual— (i) by the commissioner; or (ii) by the court and the individual is not present in court when the order is made; and\n- (i) by the commissioner; or\n- (ii) by the court and the individual is not present in court when the order is made; and\n- (b) a police officer reasonably suspects an individual is the individual the subject of the order.\n- (i) by the commissioner; or\n- (ii) by the court and the individual is not present in court when the order is made; and\n- (a) if it is necessary to confirm the identity of the individual—direct the individual— (i) to state the individual’s name and address; and (ii) to give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence;\n- (i) to state the individual’s name and address; and\n- (ii) to give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence;\n- (b) direct the individual to remain at a stated appropriate place at or near the individual’s current location for a stated period;\n- (c) direct the individual to attend a stated police station immediately or within a stated period;\n- (d) direct the individual to accompany a police officer to the nearest police station or another stated place.\n- (i) to state the individual’s name and address; and\n- (ii) to give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence;\n- (a) why the individual is being given the direction;\n- (b) if the direction is to accompany a police officer to a place— (i) where the place is; and (ii) how the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and (iii) that the individual may be searched before being transported to the place by a police officer; and (iv) that the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and (v) that anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence;\n- (i) where the place is; and\n- (ii) how the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and\n- (iii) that the individual may be searched before being transported to the place by a police officer; and\n- (iv) that the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and\n- (v) that anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence;\n- (c) that the individual is not under arrest or in custody while complying with the direction.\n- (i) where the place is; and\n- (ii) how the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and\n- (iii) that the individual may be searched before being transported to the place by a police officer; and\n- (iv) that the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and\n- (v) that anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence;","sortOrder":232},{"sectionNumber":"sec.141R","sectionType":"section","heading":"Limits on directions","content":"### sec.141R Limits on directions\n\nFor a direction given under section 141Q (2) (b) , the period an individual may be directed to remain at a place is—\n1 hour; or\na longer period, of not more than 2 hours, if the longer period is reasonably necessary in the circumstances for enabling service of a firearm prohibition order on the individual personally.\nFor a direction given under section 141Q (2) (c) or (d) , the stated place must be within a reasonable distance of the individual’s current location, having regard to the particular circumstances.\ns 141R ins 2024 No. 45 s 73\n(sec.141R-ssec.1) For a direction given under section 141Q (2) (b) , the period an individual may be directed to remain at a place is— 1 hour; or a longer period, of not more than 2 hours, if the longer period is reasonably necessary in the circumstances for enabling service of a firearm prohibition order on the individual personally.\n(sec.141R-ssec.2) For a direction given under section 141Q (2) (c) or (d) , the stated place must be within a reasonable distance of the individual’s current location, having regard to the particular circumstances.\n- (a) 1 hour; or\n- (b) a longer period, of not more than 2 hours, if the longer period is reasonably necessary in the circumstances for enabling service of a firearm prohibition order on the individual personally.","sortOrder":233},{"sectionNumber":"sec.141S","sectionType":"section","heading":"Powers relating to particular directions","content":"### sec.141S Powers relating to particular directions\n\nThis section applies if—\na police officer directs an individual under section 141Q (2) (d) to accompany a police officer to a place; and\nthe individual is to be transported by a police officer to the place.\nBefore the individual is transported to the place, a police officer may—\nsearch the individual for anything in the individual’s possession that may be used to cause harm to the individual or another person; and\nSee the Police Powers and Responsibilities Act 2000 , chapter 20 , part 3 for safeguards that apply to a search under this paragraph.\ndirect the individual to leave at the individual’s current location a thing found in the search that may be used to cause harm to the individual or another person; and\nseize a thing found in the search that the police officer reasonably suspects is evidence of the commission of an offence.\nA thing seized under subsection (2) (c) is, for the Police Powers and Responsibilities Act 2000 , section 622 , taken to have been seized under that Act.\ns 141S ins 2024 No. 45 s 73\n(sec.141S-ssec.1) This section applies if— a police officer directs an individual under section 141Q (2) (d) to accompany a police officer to a place; and the individual is to be transported by a police officer to the place.\n(sec.141S-ssec.2) Before the individual is transported to the place, a police officer may— search the individual for anything in the individual’s possession that may be used to cause harm to the individual or another person; and See the Police Powers and Responsibilities Act 2000 , chapter 20 , part 3 for safeguards that apply to a search under this paragraph. direct the individual to leave at the individual’s current location a thing found in the search that may be used to cause harm to the individual or another person; and seize a thing found in the search that the police officer reasonably suspects is evidence of the commission of an offence.\n(sec.141S-ssec.3) A thing seized under subsection (2) (c) is, for the Police Powers and Responsibilities Act 2000 , section 622 , taken to have been seized under that Act.\n- (a) a police officer directs an individual under section 141Q (2) (d) to accompany a police officer to a place; and\n- (b) the individual is to be transported by a police officer to the place.\n- (a) search the individual for anything in the individual’s possession that may be used to cause harm to the individual or another person; and Note— See the Police Powers and Responsibilities Act 2000 , chapter 20 , part 3 for safeguards that apply to a search under this paragraph.\n- (b) direct the individual to leave at the individual’s current location a thing found in the search that may be used to cause harm to the individual or another person; and\n- (c) seize a thing found in the search that the police officer reasonably suspects is evidence of the commission of an offence.","sortOrder":234},{"sectionNumber":"sec.141T","sectionType":"section","heading":"Offence warning","content":"### sec.141T Offence warning\n\nA police officer giving a direction to an individual under section 141Q (2) or 141S (2) (b) must warn the individual—\nit is an offence not to comply with the direction unless the individual has a reasonable excuse; and\nthe individual may be arrested for the offence.\nThe police officer must give the individual a reasonable opportunity to comply with the direction.\nIf the individual fails to comply with the direction, a police officer must, if practicable—\nrepeat the warning mentioned in subsection (1) ; and\ngive the individual a further reasonable opportunity to comply with the direction.\ns 141T ins 2024 No. 45 s 73\n(sec.141T-ssec.1) A police officer giving a direction to an individual under section 141Q (2) or 141S (2) (b) must warn the individual— it is an offence not to comply with the direction unless the individual has a reasonable excuse; and the individual may be arrested for the offence.\n(sec.141T-ssec.2) The police officer must give the individual a reasonable opportunity to comply with the direction.\n(sec.141T-ssec.3) If the individual fails to comply with the direction, a police officer must, if practicable— repeat the warning mentioned in subsection (1) ; and give the individual a further reasonable opportunity to comply with the direction.\n- (a) it is an offence not to comply with the direction unless the individual has a reasonable excuse; and\n- (b) the individual may be arrested for the offence.\n- (a) repeat the warning mentioned in subsection (1) ; and\n- (b) give the individual a further reasonable opportunity to comply with the direction.","sortOrder":235},{"sectionNumber":"sec.141U","sectionType":"section","heading":"Offence to contravene direction","content":"### sec.141U Offence to contravene direction\n\nAn individual must comply with a direction given to the individual under section 141Q (2) or 141S (2) (b) unless the individual has a reasonable excuse.\nMaximum penalty—40 penalty units.\nHowever, an individual does not commit an offence against subsection (1) unless—\nthe individual is the individual the subject of the firearm prohibition order to which the direction relates and the order has not been served on the individual under section 141P ; and\nthe individual has been given a warning under section 141T (1) in relation to the direction.\ns 141U ins 2024 No. 45 s 73\n(sec.141U-ssec.1) An individual must comply with a direction given to the individual under section 141Q (2) or 141S (2) (b) unless the individual has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.141U-ssec.2) However, an individual does not commit an offence against subsection (1) unless— the individual is the individual the subject of the firearm prohibition order to which the direction relates and the order has not been served on the individual under section 141P ; and the individual has been given a warning under section 141T (1) in relation to the direction.\n- (a) the individual is the individual the subject of the firearm prohibition order to which the direction relates and the order has not been served on the individual under section 141P ; and\n- (b) the individual has been given a warning under section 141T (1) in relation to the direction.","sortOrder":236},{"sectionNumber":"pt.5A-div.3","sectionType":"division","heading":"Effect of firearm prohibition orders and offences","content":"## Effect of firearm prohibition orders and offences","sortOrder":237},{"sectionNumber":"sec.141V","sectionType":"section","heading":"Licenses, permits and approvals automatically revoked if firearm prohibition order made","content":"### sec.141V Licenses, permits and approvals automatically revoked if firearm prohibition order made\n\nThis section applies if a firearm prohibition order is made in relation to an individual.\nA licence, permit or approval held by the individual is automatically revoked.\nA licence, permit or approval held by a body, whether incorporated or unincorporated, is automatically revoked if the individual is the body’s representative.\nThe revocation takes effect—\nif the firearm prohibition order is made by the court and the individual is present in court when the order is made—on the making of the order; or\notherwise—when a police officer serves the order or a copy of the order on the individual under section 141P .\nIn this section—\napproval means an approval granted by an authorised officer under this Act and in force at the material time.\npermit means a permit issued under this Act and in force at the material time.\ns 141V ins 2024 No. 45 s 73\n(sec.141V-ssec.1) This section applies if a firearm prohibition order is made in relation to an individual.\n(sec.141V-ssec.2) A licence, permit or approval held by the individual is automatically revoked.\n(sec.141V-ssec.3) A licence, permit or approval held by a body, whether incorporated or unincorporated, is automatically revoked if the individual is the body’s representative.\n(sec.141V-ssec.4) The revocation takes effect— if the firearm prohibition order is made by the court and the individual is present in court when the order is made—on the making of the order; or otherwise—when a police officer serves the order or a copy of the order on the individual under section 141P .\n(sec.141V-ssec.5) In this section— approval means an approval granted by an authorised officer under this Act and in force at the material time. permit means a permit issued under this Act and in force at the material time.\n- (a) if the firearm prohibition order is made by the court and the individual is present in court when the order is made—on the making of the order; or\n- (b) otherwise—when a police officer serves the order or a copy of the order on the individual under section 141P .","sortOrder":238},{"sectionNumber":"sec.141W","sectionType":"section","heading":"Surrender of authorities, firearms and firearm related items","content":"### sec.141W Surrender of authorities, firearms and firearm related items\n\nThis section applies to an individual the subject of a firearm prohibition order.\nWhen the firearm prohibition order takes effect, the individual must immediately give to a police officer a relevant authority held by the individual that is in the individual’s physical possession.\nMaximum penalty—50 penalty units or 12 months imprisonment.\nWhen the firearm prohibition order takes effect, the individual must also immediately give to a police officer any firearm or firearm related item the individual physically possesses.\nSee section 141Y (1) and (2) for offences relating to the possession of a firearm or firearm related item by an individual subject to a firearm prohibition order.\nSee also section 141Y (3) and (4) .\nIf the individual can not immediately give a police officer a relevant authority held by the individual or a firearm or firearm related item in the individual’s possession, a police officer may direct the individual—\nto give the authority, firearm or firearm related item to a police officer in a stated way and within a stated reasonable period of not more than 24 hours after the direction is given; or\nto give information about the location of the authority, firearm or firearm related item and any other information necessary to enable a police officer to locate and seize it; or\nto accompany a police officer to the location of the authority, firearm or firearm related item so it can be given to or seized by the police officer.\nA police officer serves a firearm prohibition order on an individual at a place that is not the individual’s home and a firearm the individual possesses is stored at the individual’s home.\nThe individual must comply with a direction given to the individual under subsection (4) .\nMaximum penalty—50 penalty units or 12 months imprisonment.\nIn this section, a reference to a relevant authority held by the individual includes—\na reference to a relevant authority held by a body, whether incorporated or unincorporated, if the individual is the body’s representative; and\na reference to a relevant authority, including a relevant authority to which paragraph (a) applies, that has been automatically revoked under section 141V .\nIn this section—\napproval means an approval granted by an authorised officer under this Act and in force at the material time.\npermit means a permit issued under this Act and in force at the material time.\nrelevant authority means—\na licence, permit or approval; or\nan authority under the Explosives Act 1999 which authorises a person to purchase small arms ammunition under that Act.\ns 141W ins 2024 No. 45 s 73\n(sec.141W-ssec.1) This section applies to an individual the subject of a firearm prohibition order.\n(sec.141W-ssec.2) When the firearm prohibition order takes effect, the individual must immediately give to a police officer a relevant authority held by the individual that is in the individual’s physical possession. Maximum penalty—50 penalty units or 12 months imprisonment.\n(sec.141W-ssec.3) When the firearm prohibition order takes effect, the individual must also immediately give to a police officer any firearm or firearm related item the individual physically possesses. See section 141Y (1) and (2) for offences relating to the possession of a firearm or firearm related item by an individual subject to a firearm prohibition order. See also section 141Y (3) and (4) .\n(sec.141W-ssec.4) If the individual can not immediately give a police officer a relevant authority held by the individual or a firearm or firearm related item in the individual’s possession, a police officer may direct the individual— to give the authority, firearm or firearm related item to a police officer in a stated way and within a stated reasonable period of not more than 24 hours after the direction is given; or to give information about the location of the authority, firearm or firearm related item and any other information necessary to enable a police officer to locate and seize it; or to accompany a police officer to the location of the authority, firearm or firearm related item so it can be given to or seized by the police officer. A police officer serves a firearm prohibition order on an individual at a place that is not the individual’s home and a firearm the individual possesses is stored at the individual’s home.\n(sec.141W-ssec.5) The individual must comply with a direction given to the individual under subsection (4) . Maximum penalty—50 penalty units or 12 months imprisonment.\n(sec.141W-ssec.6) In this section, a reference to a relevant authority held by the individual includes— a reference to a relevant authority held by a body, whether incorporated or unincorporated, if the individual is the body’s representative; and a reference to a relevant authority, including a relevant authority to which paragraph (a) applies, that has been automatically revoked under section 141V .\n(sec.141W-ssec.7) In this section— approval means an approval granted by an authorised officer under this Act and in force at the material time. permit means a permit issued under this Act and in force at the material time. relevant authority means— a licence, permit or approval; or an authority under the Explosives Act 1999 which authorises a person to purchase small arms ammunition under that Act.\n- 1 See section 141Y (1) and (2) for offences relating to the possession of a firearm or firearm related item by an individual subject to a firearm prohibition order.\n- 2 See also section 141Y (3) and (4) .\n- (a) to give the authority, firearm or firearm related item to a police officer in a stated way and within a stated reasonable period of not more than 24 hours after the direction is given; or\n- (b) to give information about the location of the authority, firearm or firearm related item and any other information necessary to enable a police officer to locate and seize it; or\n- (c) to accompany a police officer to the location of the authority, firearm or firearm related item so it can be given to or seized by the police officer. Example of when a firearm can not be immediately given— A police officer serves a firearm prohibition order on an individual at a place that is not the individual’s home and a firearm the individual possesses is stored at the individual’s home.\n- (a) a reference to a relevant authority held by a body, whether incorporated or unincorporated, if the individual is the body’s representative; and\n- (b) a reference to a relevant authority, including a relevant authority to which paragraph (a) applies, that has been automatically revoked under section 141V .\n- (a) a licence, permit or approval; or\n- (b) an authority under the Explosives Act 1999 which authorises a person to purchase small arms ammunition under that Act.","sortOrder":239},{"sectionNumber":"sec.141X","sectionType":"section","heading":"Collection of firearms in particular circumstances","content":"### sec.141X Collection of firearms in particular circumstances\n\nThis section applies if an individual—\ngives a firearm to a police officer under section 141W (3) or (4) (a) ; or\ncomplies with a direction under section 141W (4) (b) or (c) in relation to a firearm.\nThe individual may, within 3 months after the day the firearm is given to or seized by a police officer, make arrangements with a police officer for a licensed dealer or licensed armourer to collect the firearm if the individual—\nhas consigned the firearm to the licensed dealer or licensed armourer for sale; and\nhas given the police officer a copy of the transaction notification for the consignment.\ns 141X ins 2024 No. 45 s 73\n(sec.141X-ssec.1) This section applies if an individual— gives a firearm to a police officer under section 141W (3) or (4) (a) ; or complies with a direction under section 141W (4) (b) or (c) in relation to a firearm.\n(sec.141X-ssec.2) The individual may, within 3 months after the day the firearm is given to or seized by a police officer, make arrangements with a police officer for a licensed dealer or licensed armourer to collect the firearm if the individual— has consigned the firearm to the licensed dealer or licensed armourer for sale; and has given the police officer a copy of the transaction notification for the consignment.\n- (a) gives a firearm to a police officer under section 141W (3) or (4) (a) ; or\n- (b) complies with a direction under section 141W (4) (b) or (c) in relation to a firearm.\n- (a) has consigned the firearm to the licensed dealer or licensed armourer for sale; and\n- (b) has given the police officer a copy of the transaction notification for the consignment.","sortOrder":240},{"sectionNumber":"sec.141Y","sectionType":"section","heading":"Acquiring, possessing and using firearms and firearm related items","content":"### sec.141Y Acquiring, possessing and using firearms and firearm related items\n\nAn individual who is subject to a firearm prohibition order must not—\nacquire, possess or use a firearm; or\nattempt to acquire, possess or use a firearm.\nMaximum penalty—1,000 penalty units or 20 years imprisonment.\nAn individual who is subject to a firearm prohibition order must not—\nacquire, possess or use a firearm related item; or\nattempt to acquire, possess or use a firearm related item.\nMaximum penalty—300 penalty units or 7 years imprisonment.\nHowever, an individual does not contravene subsection (1) (a) or (2) (a) in relation to the possession of a firearm or firearm related item if—\nthe firearm or firearm related item is in the individual’s possession when the firearm prohibition order takes effect; and\neither—\nthe individual gives the firearm or firearm related item to a police officer under section 141W (3) or (4) (a) ; or\nthe individual complies with a direction under section 141W (4) (b) or (c) , enabling a police officer to seize or otherwise take the firearm or firearm related item.\nFor this section, an individual is taken to possess a firearm or firearm related item if there is proof that, at the material time, the firearm or firearm related item was in or on a place at which the individual resided or of which the individual was the owner or the occupier or concerned in the management or control.\nHowever, it is a defence to an offence against subsection (1) or (2) for the individual to prove the individual did not know and did not have reason to suspect that the firearm or firearm related item was in or on a place mentioned in subsection (4) .\nIn this section—\nresided , in relation to a place, includes slept at the place on a regular or frequent basis.\ns 141Y ins 2024 No. 45 s 73\namd 2026 No. 4 s 91 (2) , (4) – (5)\n(sec.141Y-ssec.1) An individual who is subject to a firearm prohibition order must not— acquire, possess or use a firearm; or attempt to acquire, possess or use a firearm. Maximum penalty—1,000 penalty units or 20 years imprisonment.\n(sec.141Y-ssec.2) An individual who is subject to a firearm prohibition order must not— acquire, possess or use a firearm related item; or attempt to acquire, possess or use a firearm related item. Maximum penalty—300 penalty units or 7 years imprisonment.\n(sec.141Y-ssec.3) However, an individual does not contravene subsection (1) (a) or (2) (a) in relation to the possession of a firearm or firearm related item if— the firearm or firearm related item is in the individual’s possession when the firearm prohibition order takes effect; and either— the individual gives the firearm or firearm related item to a police officer under section 141W (3) or (4) (a) ; or the individual complies with a direction under section 141W (4) (b) or (c) , enabling a police officer to seize or otherwise take the firearm or firearm related item.\n(sec.141Y-ssec.4) For this section, an individual is taken to possess a firearm or firearm related item if there is proof that, at the material time, the firearm or firearm related item was in or on a place at which the individual resided or of which the individual was the owner or the occupier or concerned in the management or control.\n(sec.141Y-ssec.5) However, it is a defence to an offence against subsection (1) or (2) for the individual to prove the individual did not know and did not have reason to suspect that the firearm or firearm related item was in or on a place mentioned in subsection (4) .\n(sec.141Y-ssec.6) In this section— resided , in relation to a place, includes slept at the place on a regular or frequent basis.\n- (a) acquire, possess or use a firearm; or\n- (b) attempt to acquire, possess or use a firearm.\n- (a) acquire, possess or use a firearm related item; or\n- (b) attempt to acquire, possess or use a firearm related item.\n- (a) the firearm or firearm related item is in the individual’s possession when the firearm prohibition order takes effect; and\n- (b) either— (i) the individual gives the firearm or firearm related item to a police officer under section 141W (3) or (4) (a) ; or (ii) the individual complies with a direction under section 141W (4) (b) or (c) , enabling a police officer to seize or otherwise take the firearm or firearm related item.\n- (i) the individual gives the firearm or firearm related item to a police officer under section 141W (3) or (4) (a) ; or\n- (ii) the individual complies with a direction under section 141W (4) (b) or (c) , enabling a police officer to seize or otherwise take the firearm or firearm related item.\n- (i) the individual gives the firearm or firearm related item to a police officer under section 141W (3) or (4) (a) ; or\n- (ii) the individual complies with a direction under section 141W (4) (b) or (c) , enabling a police officer to seize or otherwise take the firearm or firearm related item.","sortOrder":241},{"sectionNumber":"sec.141Z","sectionType":"section","heading":"Supply of firearms and firearm related items","content":"### sec.141Z Supply of firearms and firearm related items\n\nA person must not supply a firearm or firearm related item to an individual subject to a firearm prohibition order if the person knows the individual is subject to the order.\nMaximum penalty—\nfor a firearm—750 penalty units or 15 years imprisonment; or\nfor a firearm related item—300 penalty units or 7 years imprisonment.\ns 141Z ins 2024 No. 45 s 73\namd 2026 No. 4 s 92 (2) – (3)\n- (a) for a firearm—750 penalty units or 15 years imprisonment; or\n- (b) for a firearm related item—300 penalty units or 7 years imprisonment.","sortOrder":242},{"sectionNumber":"sec.141ZA","sectionType":"section","heading":"Attending particular premises and events","content":"### sec.141ZA Attending particular premises and events\n\nAn individual who is subject to a firearm prohibition order must not attend—\na place endorsed on a dealer’s licence or an armourer’s licence under section 16 (1) (b) (iii) ; or\nan arms fair approved under section 79 (2) ; or\nan event or meeting held by an approved historical society; or\nan approved range; or\na shooting gallery approved under section 111 ; or\na shooting range; or\nan event or meeting held by a shooting club; or\npremises or an event prescribed by regulation.\nMaximum penalty—50 penalty units or 12 months imprisonment.\nFor subsection (1) (h) , a regulation may prescribe premises or an event only if the commissioner is satisfied a firearm or firearm related item is likely to be stored or present on the premises, or on the premises at which the event is held.\ns 141ZA ins 2024 No. 45 s 73\n(sec.141ZA-ssec.1) An individual who is subject to a firearm prohibition order must not attend— a place endorsed on a dealer’s licence or an armourer’s licence under section 16 (1) (b) (iii) ; or an arms fair approved under section 79 (2) ; or an event or meeting held by an approved historical society; or an approved range; or a shooting gallery approved under section 111 ; or a shooting range; or an event or meeting held by a shooting club; or premises or an event prescribed by regulation. Maximum penalty—50 penalty units or 12 months imprisonment.\n(sec.141ZA-ssec.2) For subsection (1) (h) , a regulation may prescribe premises or an event only if the commissioner is satisfied a firearm or firearm related item is likely to be stored or present on the premises, or on the premises at which the event is held.\n- (a) a place endorsed on a dealer’s licence or an armourer’s licence under section 16 (1) (b) (iii) ; or\n- (b) an arms fair approved under section 79 (2) ; or\n- (c) an event or meeting held by an approved historical society; or\n- (d) an approved range; or\n- (e) a shooting gallery approved under section 111 ; or\n- (f) a shooting range; or\n- (g) an event or meeting held by a shooting club; or\n- (h) premises or an event prescribed by regulation.","sortOrder":243},{"sectionNumber":"sec.141ZB","sectionType":"section","heading":"Notifying commissioner of change of address","content":"### sec.141ZB Notifying commissioner of change of address\n\nAn individual subject to a firearm prohibition order must give the commissioner written notice of a change to the individual’s residential address within 24 hours of the change occurring.\nMaximum penalty—100 penalty units.\ns 141ZB ins 2024 No. 45 s 73","sortOrder":244},{"sectionNumber":"pt.5A-div.4","sectionType":"division","heading":"Powers relating to firearm prohibition orders","content":"## Powers relating to firearm prohibition orders","sortOrder":245},{"sectionNumber":"sec.141ZC","sectionType":"section","heading":"Definition for division","content":"### sec.141ZC Definition for division\n\nIn this division—\nvehicle means—\na vehicle under the Transport Operations (Road Use Management) Act 1995 ; or\nan aircraft; or\na train; or\na tram; or\na vessel.\ns 141ZC ins 2024 No. 45 s 73\n- (a) a vehicle under the Transport Operations (Road Use Management) Act 1995 ; or\n- (b) an aircraft; or\n- (c) a train; or\n- (d) a tram; or\n- (e) a vessel.","sortOrder":246},{"sectionNumber":"sec.141ZD","sectionType":"section","heading":"When powers may be exercised","content":"### sec.141ZD When powers may be exercised\n\nA police officer may, without a warrant or consent, exercise a power under this division if the exercise of the power is reasonably required to determine whether an individual subject to a firearm prohibition order is committing an offence under section 141Y (1) or (2) .\nThe police officer may exercise the power with the assistance of another police officer.\ns 141ZD ins 2024 No. 45 s 73\n(sec.141ZD-ssec.1) A police officer may, without a warrant or consent, exercise a power under this division if the exercise of the power is reasonably required to determine whether an individual subject to a firearm prohibition order is committing an offence under section 141Y (1) or (2) .\n(sec.141ZD-ssec.2) The police officer may exercise the power with the assistance of another police officer.","sortOrder":247},{"sectionNumber":"sec.141ZE","sectionType":"section","heading":"Power to search individuals","content":"### sec.141ZE Power to search individuals\n\nA police officer may do the following in relation to an individual subject to a firearm prohibition order—\nstop and detain the individual;\nsearch the individual and anything in the individual’s possession for a firearm or firearm related item.\nSee the Police Powers and Responsibilities Act 2000 , chapter 20 , part 3 for safeguards that apply to a search under this section.\ns 141ZE ins 2024 No. 45 s 73\n- (a) stop and detain the individual;\n- (b) search the individual and anything in the individual’s possession for a firearm or firearm related item.","sortOrder":248},{"sectionNumber":"sec.141ZF","sectionType":"section","heading":"Power to search vehicles","content":"### sec.141ZF Power to search vehicles\n\nThis section applies in relation to a vehicle if an individual who is subject to a firearm prohibition order—\nis the registered operator of the vehicle; or\nis driving or riding the vehicle, or is in charge or control of the vehicle; or\nis a passenger in or on the vehicle; or\nordinarily has access to, or use of, the vehicle.\nA police officer may do the following in relation to the vehicle—\nstop the vehicle;\ndetain the vehicle and anyone in or on the vehicle;\nsearch the vehicle and anything in or on the vehicle for a firearm or firearm related item.\nIn this section—\nregistered operator , of a vehicle, see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\ns 141ZF ins 2024 No. 45 s 73\n(sec.141ZF-ssec.1) This section applies in relation to a vehicle if an individual who is subject to a firearm prohibition order— is the registered operator of the vehicle; or is driving or riding the vehicle, or is in charge or control of the vehicle; or is a passenger in or on the vehicle; or ordinarily has access to, or use of, the vehicle.\n(sec.141ZF-ssec.2) A police officer may do the following in relation to the vehicle— stop the vehicle; detain the vehicle and anyone in or on the vehicle; search the vehicle and anything in or on the vehicle for a firearm or firearm related item.\n(sec.141ZF-ssec.3) In this section— registered operator , of a vehicle, see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\n- (a) is the registered operator of the vehicle; or\n- (b) is driving or riding the vehicle, or is in charge or control of the vehicle; or\n- (c) is a passenger in or on the vehicle; or\n- (d) ordinarily has access to, or use of, the vehicle.\n- (a) stop the vehicle;\n- (b) detain the vehicle and anyone in or on the vehicle;\n- (c) search the vehicle and anything in or on the vehicle for a firearm or firearm related item.","sortOrder":249},{"sectionNumber":"sec.141ZG","sectionType":"section","heading":"Power to search premises","content":"### sec.141ZG Power to search premises\n\nA police officer may enter and search relevant premises for a firearm or firearm related item.\nIn this section—\nrelevant premises means—\npremises owned or occupied by, or in the care or under the control or management of, an individual subject to a firearm prohibition order; or\npremises at which an individual subject to a firearm prohibition order resides; or\na vehicle on premises mentioned in paragraph (a) or (b) .\nresides , in relation to premises, includes sleeps at the premises on a regular or frequent basis.\ns 141ZG ins 2024 No. 45 s 73\n(sec.141ZG-ssec.1) A police officer may enter and search relevant premises for a firearm or firearm related item.\n(sec.141ZG-ssec.2) In this section— relevant premises means— premises owned or occupied by, or in the care or under the control or management of, an individual subject to a firearm prohibition order; or premises at which an individual subject to a firearm prohibition order resides; or a vehicle on premises mentioned in paragraph (a) or (b) . resides , in relation to premises, includes sleeps at the premises on a regular or frequent basis.\n- (a) premises owned or occupied by, or in the care or under the control or management of, an individual subject to a firearm prohibition order; or\n- (b) premises at which an individual subject to a firearm prohibition order resides; or\n- (c) a vehicle on premises mentioned in paragraph (a) or (b) .","sortOrder":250},{"sectionNumber":"sec.141ZH","sectionType":"section","heading":"Power to seize items","content":"### sec.141ZH Power to seize items\n\nA police officer may seize a firearm or firearm related item found during a search under this division.\nA thing seized under this section is, for the Police Powers and Responsibilities Act 2000 , section 622 , taken to have been seized under that Act.\ns 141ZH ins 2024 No. 45 s 73\n(sec.141ZH-ssec.1) A police officer may seize a firearm or firearm related item found during a search under this division.\n(sec.141ZH-ssec.2) A thing seized under this section is, for the Police Powers and Responsibilities Act 2000 , section 622 , taken to have been seized under that Act.","sortOrder":251},{"sectionNumber":"pt.5A-div.5","sectionType":"division","heading":"Annual review of firearm prohibition orders in relation to children","content":"## Annual review of firearm prohibition orders in relation to children","sortOrder":252},{"sectionNumber":"sec.141ZI","sectionType":"section","heading":"Application of division","content":"### sec.141ZI Application of division\n\nThis division applies if—\na child is subject to a firearm prohibition order made under section 141H ; and\neither—\nthe order has been in effect for more than 1 year; or\nthe order has been in effect for more than 1 year since it was last reviewed under this division.\ns 141ZI ins 2024 No. 45 s 73\n- (a) a child is subject to a firearm prohibition order made under section 141H ; and\n- (b) either— (i) the order has been in effect for more than 1 year; or (ii) the order has been in effect for more than 1 year since it was last reviewed under this division.\n- (i) the order has been in effect for more than 1 year; or\n- (ii) the order has been in effect for more than 1 year since it was last reviewed under this division.\n- (i) the order has been in effect for more than 1 year; or\n- (ii) the order has been in effect for more than 1 year since it was last reviewed under this division.","sortOrder":253},{"sectionNumber":"sec.141ZJ","sectionType":"section","heading":"Applications for review by commissioner","content":"### sec.141ZJ Applications for review by commissioner\n\nThe commissioner must apply to the court for a review of the firearm prohibition order.\nThe application must be made not later than—\nif section 141ZI (b) (i) applies—the day that is 7 days after the first anniversary of the day the firearm prohibition order took effect; or\nif section 141ZI (b) (ii) applies—the day that is 1 year after the day the last review was finalised.\nThe commissioner must give the child a copy of the application as soon as reasonably practicable after it is made.\ns 141ZJ ins 2024 No. 45 s 73\n(sec.141ZJ-ssec.1) The commissioner must apply to the court for a review of the firearm prohibition order.\n(sec.141ZJ-ssec.2) The application must be made not later than— if section 141ZI (b) (i) applies—the day that is 7 days after the first anniversary of the day the firearm prohibition order took effect; or if section 141ZI (b) (ii) applies—the day that is 1 year after the day the last review was finalised.\n(sec.141ZJ-ssec.3) The commissioner must give the child a copy of the application as soon as reasonably practicable after it is made.\n- (a) if section 141ZI (b) (i) applies—the day that is 7 days after the first anniversary of the day the firearm prohibition order took effect; or\n- (b) if section 141ZI (b) (ii) applies—the day that is 1 year after the day the last review was finalised.","sortOrder":254},{"sectionNumber":"sec.141ZK","sectionType":"section","heading":"Content of applications","content":"### sec.141ZK Content of applications\n\nThe application must—\ninclude any information about the child the commissioner considers is relevant to the review; and\ninclude an assessment of whether the firearm prohibition order should remain in effect, or whether it would be more appropriate to revoke the order; and\nstate that the child may respond to the application under section 141ZL ; and\nstate the commissioner’s address for service of any response to the application.\ns 141ZK ins 2024 No. 45 s 73\n- (a) include any information about the child the commissioner considers is relevant to the review; and\n- (b) include an assessment of whether the firearm prohibition order should remain in effect, or whether it would be more appropriate to revoke the order; and\n- (c) state that the child may respond to the application under section 141ZL ; and\n- (d) state the commissioner’s address for service of any response to the application.","sortOrder":255},{"sectionNumber":"sec.141ZL","sectionType":"section","heading":"Responses to applications","content":"### sec.141ZL Responses to applications\n\nThe child may respond to the application by filing a response with the court within 14 days after the day a copy of the application is given to the child under section 141ZJ (3) .\nThe child must, within the period stated in subsection (1) , give the commissioner a copy of the response by leaving the document at, or sending it to, the address for service stated in the application.\nThe child’s response may—\nrespond to the assessment mentioned in section 141ZK (b) ; and\ninclude any information relied on by the child for the response.\nevidence that the child has completed a rehabilitation program since the firearm prohibition order was made\ns 141ZL ins 2024 No. 45 s 73\n(sec.141ZL-ssec.1) The child may respond to the application by filing a response with the court within 14 days after the day a copy of the application is given to the child under section 141ZJ (3) .\n(sec.141ZL-ssec.2) The child must, within the period stated in subsection (1) , give the commissioner a copy of the response by leaving the document at, or sending it to, the address for service stated in the application.\n(sec.141ZL-ssec.3) The child’s response may— respond to the assessment mentioned in section 141ZK (b) ; and include any information relied on by the child for the response. evidence that the child has completed a rehabilitation program since the firearm prohibition order was made\n- (a) respond to the assessment mentioned in section 141ZK (b) ; and\n- (b) include any information relied on by the child for the response. Example of information— evidence that the child has completed a rehabilitation program since the firearm prohibition order was made","sortOrder":256},{"sectionNumber":"sec.141ZM","sectionType":"section","heading":"Conduct of reviews","content":"### sec.141ZM Conduct of reviews\n\nIn conducting the review of the firearm prohibition order, the court must decide whether it remains in the public interest for the order to remain in effect or whether it is more appropriate to revoke the order, having regard to the risk the child poses to public safety or security.\nThe court may decide it is more appropriate to revoke the order only if the child’s circumstances have changed since the firearm prohibition order was made.\nThe court may conduct the review on the papers unless satisfied it is in the interests of justice to conduct a hearing.\ns 141ZM ins 2024 No. 45 s 73\n(sec.141ZM-ssec.1) In conducting the review of the firearm prohibition order, the court must decide whether it remains in the public interest for the order to remain in effect or whether it is more appropriate to revoke the order, having regard to the risk the child poses to public safety or security.\n(sec.141ZM-ssec.2) The court may decide it is more appropriate to revoke the order only if the child’s circumstances have changed since the firearm prohibition order was made.\n(sec.141ZM-ssec.3) The court may conduct the review on the papers unless satisfied it is in the interests of justice to conduct a hearing.","sortOrder":257},{"sectionNumber":"pt.5A-div.6","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":258},{"sectionNumber":"sec.141ZN","sectionType":"section","heading":"Definition for division","content":"### sec.141ZN Definition for division\n\nIn this division—\nappellate court , in relation to an appeal under this division, means the court to which the appeal is made under section 141ZO .\ns 141ZN ins 2024 No. 45 s 73","sortOrder":259},{"sectionNumber":"sec.141ZO","sectionType":"section","heading":"Who may appeal","content":"### sec.141ZO Who may appeal\n\nAn individual subject to a firearm prohibition order may appeal against the decision to make the order to—\nif the order was made under section 141G and the individual is a child—the Childrens Court constituted by a Childrens Court magistrate; or\nif the order was made under section 141G and the individual is an adult—the Magistrates Court; or\nif the order was made under section 141H and the individual is a child—the Childrens Court constituted by a Childrens Court judge; or\nif the order was made under section 141H and the individual is an adult—the District Court.\nSubsection (3) applies if—\nthe commissioner applies to the court under section 141M for a firearm prohibition order to be made in relation to an individual; and\nthe court decides not to make the order.\nThe commissioner may appeal against the decision not to make the firearm prohibition order to—\nif the individual is a child—the Childrens Court constituted by a Childrens Court judge; or\nif the individual is an adult—the District Court.\ns 141ZO ins 2024 No. 45 s 73\n(sec.141ZO-ssec.1) An individual subject to a firearm prohibition order may appeal against the decision to make the order to— if the order was made under section 141G and the individual is a child—the Childrens Court constituted by a Childrens Court magistrate; or if the order was made under section 141G and the individual is an adult—the Magistrates Court; or if the order was made under section 141H and the individual is a child—the Childrens Court constituted by a Childrens Court judge; or if the order was made under section 141H and the individual is an adult—the District Court.\n(sec.141ZO-ssec.2) Subsection (3) applies if— the commissioner applies to the court under section 141M for a firearm prohibition order to be made in relation to an individual; and the court decides not to make the order.\n(sec.141ZO-ssec.3) The commissioner may appeal against the decision not to make the firearm prohibition order to— if the individual is a child—the Childrens Court constituted by a Childrens Court judge; or if the individual is an adult—the District Court.\n- (a) if the order was made under section 141G and the individual is a child—the Childrens Court constituted by a Childrens Court magistrate; or\n- (b) if the order was made under section 141G and the individual is an adult—the Magistrates Court; or\n- (c) if the order was made under section 141H and the individual is a child—the Childrens Court constituted by a Childrens Court judge; or\n- (d) if the order was made under section 141H and the individual is an adult—the District Court.\n- (a) the commissioner applies to the court under section 141M for a firearm prohibition order to be made in relation to an individual; and\n- (b) the court decides not to make the order.\n- (a) if the individual is a child—the Childrens Court constituted by a Childrens Court judge; or\n- (b) if the individual is an adult—the District Court.","sortOrder":260},{"sectionNumber":"sec.141ZP","sectionType":"section","heading":"How to start appeals","content":"### sec.141ZP How to start appeals\n\nThe appeal is started by filing written notice of the appeal with the registrar of the appellate court.\nThe notice of appeal must be filed within 28 days after—\nfor an appeal under section 141ZO (1) —the day the firearm prohibition order took effect; or\nfor an appeal under section 141ZO (3) —the day the decision being appealed against was made.\nThe appellant must—\nfor an appeal under section 141ZO (1) — serve a copy of the notice of appeal on the commissioner; or\nfor an appeal under section 141ZO (3) —\nserve a copy of the notice of appeal on the individual to whom the decision being appealed against relates; and\nfile a copy of the notice of appeal in the court that made the decision.\nThe appellate court may, at any time, extend the period for filing the notice of appeal.\nThe notice of appeal must state fully the grounds of the appeal and the facts relied on.\ns 141ZP ins 2024 No. 45 s 73\n(sec.141ZP-ssec.1) The appeal is started by filing written notice of the appeal with the registrar of the appellate court.\n(sec.141ZP-ssec.2) The notice of appeal must be filed within 28 days after— for an appeal under section 141ZO (1) —the day the firearm prohibition order took effect; or for an appeal under section 141ZO (3) —the day the decision being appealed against was made.\n(sec.141ZP-ssec.3) The appellant must— for an appeal under section 141ZO (1) — serve a copy of the notice of appeal on the commissioner; or for an appeal under section 141ZO (3) — serve a copy of the notice of appeal on the individual to whom the decision being appealed against relates; and file a copy of the notice of appeal in the court that made the decision.\n(sec.141ZP-ssec.4) The appellate court may, at any time, extend the period for filing the notice of appeal.\n(sec.141ZP-ssec.5) The notice of appeal must state fully the grounds of the appeal and the facts relied on.\n- (a) for an appeal under section 141ZO (1) —the day the firearm prohibition order took effect; or\n- (b) for an appeal under section 141ZO (3) —the day the decision being appealed against was made.\n- (a) for an appeal under section 141ZO (1) — serve a copy of the notice of appeal on the commissioner; or\n- (b) for an appeal under section 141ZO (3) — (i) serve a copy of the notice of appeal on the individual to whom the decision being appealed against relates; and (ii) file a copy of the notice of appeal in the court that made the decision.\n- (i) serve a copy of the notice of appeal on the individual to whom the decision being appealed against relates; and\n- (ii) file a copy of the notice of appeal in the court that made the decision.\n- (i) serve a copy of the notice of appeal on the individual to whom the decision being appealed against relates; and\n- (ii) file a copy of the notice of appeal in the court that made the decision.","sortOrder":261},{"sectionNumber":"sec.141ZQ","sectionType":"section","heading":"Effect of firearm prohibition orders not stayed by appeal","content":"### sec.141ZQ Effect of firearm prohibition orders not stayed by appeal\n\nThe start of an appeal does not—\naffect the operation of a firearm prohibition order; or\nprevent the taking of action in relation to a firearm prohibition order.\nHowever, the appellate court may order the suspension of the operation of the firearm prohibition order or stay any proceeding under the order if satisfied it would be appropriate to do so having regard to—\nthe likely impact of the suspension or stay on the protection of public safety or security; and\nany other matter the appellate court considers relevant.\ns 141ZQ ins 2024 No. 45 s 73\n(sec.141ZQ-ssec.1) The start of an appeal does not— affect the operation of a firearm prohibition order; or prevent the taking of action in relation to a firearm prohibition order.\n(sec.141ZQ-ssec.2) However, the appellate court may order the suspension of the operation of the firearm prohibition order or stay any proceeding under the order if satisfied it would be appropriate to do so having regard to— the likely impact of the suspension or stay on the protection of public safety or security; and any other matter the appellate court considers relevant.\n- (a) affect the operation of a firearm prohibition order; or\n- (b) prevent the taking of action in relation to a firearm prohibition order.\n- (a) the likely impact of the suspension or stay on the protection of public safety or security; and\n- (b) any other matter the appellate court considers relevant.","sortOrder":262},{"sectionNumber":"sec.141ZR","sectionType":"section","heading":"Hearing procedures","content":"### sec.141ZR Hearing procedures\n\nAn appeal under section 141ZO (1) against the making of a firearm prohibition order must be decided—\nfor a firearm prohibition order made under section 141G —on the evidence before the commissioner when making the order; or\nfor a firearm prohibition order made under section 141H —on the evidence and proceedings before the court that made the order.\nAn appeal under section 141ZO (3) against a decision not to make a firearm prohibition order must be decided on the evidence and proceedings before the court that made the decision.\nHowever, the appellate court may order that the appeal be heard afresh, in whole or part.\ns 141ZR ins 2024 No. 45 s 73\n(sec.141ZR-ssec.1) An appeal under section 141ZO (1) against the making of a firearm prohibition order must be decided— for a firearm prohibition order made under section 141G —on the evidence before the commissioner when making the order; or for a firearm prohibition order made under section 141H —on the evidence and proceedings before the court that made the order.\n(sec.141ZR-ssec.2) An appeal under section 141ZO (3) against a decision not to make a firearm prohibition order must be decided on the evidence and proceedings before the court that made the decision.\n(sec.141ZR-ssec.3) However, the appellate court may order that the appeal be heard afresh, in whole or part.\n- (a) for a firearm prohibition order made under section 141G —on the evidence before the commissioner when making the order; or\n- (b) for a firearm prohibition order made under section 141H —on the evidence and proceedings before the court that made the order.","sortOrder":263},{"sectionNumber":"sec.141ZS","sectionType":"section","heading":"Powers of appellate court","content":"### sec.141ZS Powers of appellate court\n\nIn deciding an appeal against a decision, the appellate court may—\nconfirm the decision; or\nvary the decision; or\nset aside the decision and substitute another decision; or\nif the decision was made by a court—set aside the decision and remit the matter to the court that made the decision.\nThe decision of the appellate court upon an appeal is final and conclusive.\ns 141ZS ins 2024 No. 45 s 73\n(sec.141ZS-ssec.1) In deciding an appeal against a decision, the appellate court may— confirm the decision; or vary the decision; or set aside the decision and substitute another decision; or if the decision was made by a court—set aside the decision and remit the matter to the court that made the decision.\n(sec.141ZS-ssec.2) The decision of the appellate court upon an appeal is final and conclusive.\n- (a) confirm the decision; or\n- (b) vary the decision; or\n- (c) set aside the decision and substitute another decision; or\n- (d) if the decision was made by a court—set aside the decision and remit the matter to the court that made the decision.","sortOrder":264},{"sectionNumber":"pt.5A-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":265},{"sectionNumber":"sec.141ZT","sectionType":"section","heading":"Confidentiality of criminal intelligence","content":"### sec.141ZT Confidentiality of criminal intelligence\n\nThis section applies in relation to the following proceedings before a court—\nan application for a firearm prohibition order under division 2 , subdivision 3 ;\na review of a firearm prohibition order under division 5 ;\nan appeal under division 6 ;\na review under the Judicial Review Act 1991 of a decision made in relation to the making of a firearm prohibition order under division 2 or the review of a firearm prohibition order under division 5 .\nThe court 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 the absence of—\nthe parties to the proceedings and their representatives; and\nthe public.\nAlso, the court may, as it considers appropriate to protect the confidentiality of criminal intelligence, receive evidence consisting of or relating to information classified by the commissioner as criminal intelligence by way of affidavit of a police officer of or above the rank of superintendent.\nIf the court considers information has been incorrectly classified by the commissioner as criminal intelligence, the commissioner may withdraw the information from consideration by the court.\nInformation that is withdrawn by the commissioner under subsection (4) must not be—\ndisclosed to any person; or\ntaken into consideration by the court.\nIf a decision is made by the court on the basis of information that is classified by the commissioner as criminal intelligence, the only reason required to be given is that the decision was made in the public interest.\nThe Public Records Act 2023 does not apply to activities of, or records made or kept by, the court to the extent that Act would otherwise enable criminal intelligence to be disclosed.\nIn this section—\ncriminal intelligence means criminal intelligence that could, if disclosed, reasonably be expected—\nto prejudice a criminal investigation; or\nto enable the existence or identity of a confidential source of information to be ascertained; or\nto endanger a person’s life or physical safety; or\nto prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of an Act; or\nto prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety or security.\ns 141ZT ins 2024 No. 45 s 73\n(sec.141ZT-ssec.1) This section applies in relation to the following proceedings before a court— an application for a firearm prohibition order under division 2 , subdivision 3 ; a review of a firearm prohibition order under division 5 ; an appeal under division 6 ; a review under the Judicial Review Act 1991 of a decision made in relation to the making of a firearm prohibition order under division 2 or the review of a firearm prohibition order under division 5 .\n(sec.141ZT-ssec.2) The court 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 the absence of— the parties to the proceedings and their representatives; and the public.\n(sec.141ZT-ssec.3) Also, the court may, as it considers appropriate to protect the confidentiality of criminal intelligence, receive evidence consisting of or relating to information classified by the commissioner as criminal intelligence by way of affidavit of a police officer of or above the rank of superintendent.\n(sec.141ZT-ssec.4) If the court considers information has been incorrectly classified by the commissioner as criminal intelligence, the commissioner may withdraw the information from consideration by the court.\n(sec.141ZT-ssec.5) Information that is withdrawn by the commissioner under subsection (4) must not be— disclosed to any person; or taken into consideration by the court.\n(sec.141ZT-ssec.6) If a decision is made by the court on the basis of information that is classified by the commissioner as criminal intelligence, the only reason required to be given is that the decision was made in the public interest.\n(sec.141ZT-ssec.7) The Public Records Act 2023 does not apply to activities of, or records made or kept by, the court to the extent that Act would otherwise enable criminal intelligence to be disclosed.\n(sec.141ZT-ssec.8) In this section— criminal intelligence means criminal intelligence that could, if disclosed, reasonably be expected— to prejudice a criminal investigation; or to enable the existence or identity of a confidential source of information to be ascertained; or to endanger a person’s life or physical safety; or to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of an Act; or to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety or security.\n- (a) an application for a firearm prohibition order under division 2 , subdivision 3 ;\n- (b) a review of a firearm prohibition order under division 5 ;\n- (c) an appeal under division 6 ;\n- (d) a review under the Judicial Review Act 1991 of a decision made in relation to the making of a firearm prohibition order under division 2 or the review of a firearm prohibition order under division 5 .\n- (a) the parties to the proceedings and their representatives; and\n- (b) the public.\n- (a) disclosed to any person; or\n- (b) taken into consideration by the court.\n- (a) to prejudice a criminal investigation; or\n- (b) to enable the existence or identity of a confidential source of information to be ascertained; or\n- (c) to endanger a person’s life or physical safety; or\n- (d) to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of an Act; or\n- (e) to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety or security.","sortOrder":266},{"sectionNumber":"sec.141ZU","sectionType":"section","heading":"Records to be kept","content":"### sec.141ZU Records to be kept\n\nThe commissioner must keep a register about firearm prohibition orders made under this part.\nThe register must state the following matters for each calendar year—\nthe number of firearm prohibition orders made by the commissioner in the year;\nthe number of firearm prohibition orders made by the court in the year;\nthe number of firearm prohibition orders made in relation to children in the year;\nthe number of firearm prohibition orders revoked in the year.\nThe register must also include the following particulars for each firearm prohibition order made in a calendar year—\nthe day the order was made;\ndetails of the individual subject to the order;\nthe period the order is in effect;\nwhether the decision to make the order was appealed against and, if so, the outcome of the appeal;\ndetails of any items given to or seized by a police officer under section 141W ;\ndetails of any actions taken by a police officer in relation to the order under division 4 , including any noncompliance with the division by a police officer in taking the action;\ndetails of any firearms or firearm related items seized by a police officer in exercising powers in relation to the order under division 4 ;\ndetails of any charges made against the individual under this Act;\ndetails of any charges made against the individual under another Act arising from a search under division 4 .\nThe commissioner must ensure the public interest monitor has access to the register for the purpose of performing the monitor’s functions under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 5 .\nIn this section—\npublic interest monitor means the public interest monitor appointed under the Police Powers and Responsibilities Act 2000 , section 740 .\ns 141ZU ins 2024 No. 45 s 73\n(sec.141ZU-ssec.1) The commissioner must keep a register about firearm prohibition orders made under this part.\n(sec.141ZU-ssec.2) The register must state the following matters for each calendar year— the number of firearm prohibition orders made by the commissioner in the year; the number of firearm prohibition orders made by the court in the year; the number of firearm prohibition orders made in relation to children in the year; the number of firearm prohibition orders revoked in the year.\n(sec.141ZU-ssec.3) The register must also include the following particulars for each firearm prohibition order made in a calendar year— the day the order was made; details of the individual subject to the order; the period the order is in effect; whether the decision to make the order was appealed against and, if so, the outcome of the appeal; details of any items given to or seized by a police officer under section 141W ; details of any actions taken by a police officer in relation to the order under division 4 , including any noncompliance with the division by a police officer in taking the action; details of any firearms or firearm related items seized by a police officer in exercising powers in relation to the order under division 4 ; details of any charges made against the individual under this Act; details of any charges made against the individual under another Act arising from a search under division 4 .\n(sec.141ZU-ssec.4) The commissioner must ensure the public interest monitor has access to the register for the purpose of performing the monitor’s functions under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 5 .\n(sec.141ZU-ssec.5) In this section— public interest monitor means the public interest monitor appointed under the Police Powers and Responsibilities Act 2000 , section 740 .\n- (a) the number of firearm prohibition orders made by the commissioner in the year;\n- (b) the number of firearm prohibition orders made by the court in the year;\n- (c) the number of firearm prohibition orders made in relation to children in the year;\n- (d) the number of firearm prohibition orders revoked in the year.\n- (a) the day the order was made;\n- (b) details of the individual subject to the order;\n- (c) the period the order is in effect;\n- (d) whether the decision to make the order was appealed against and, if so, the outcome of the appeal;\n- (e) details of any items given to or seized by a police officer under section 141W ;\n- (f) details of any actions taken by a police officer in relation to the order under division 4 , including any noncompliance with the division by a police officer in taking the action;\n- (g) details of any firearms or firearm related items seized by a police officer in exercising powers in relation to the order under division 4 ;\n- (h) details of any charges made against the individual under this Act;\n- (i) details of any charges made against the individual under another Act arising from a search under division 4 .","sortOrder":267},{"sectionNumber":"sec.141ZV","sectionType":"section","heading":"Limitations on particular delegations","content":"### sec.141ZV Limitations on particular delegations\n\nDespite the Police Service Administration Act 1990 , section 4 .10(1), the commissioner may delegate the commissioner’s powers under section 141G to a police officer of at least the rank of superintendent only.\nUnder the Police Service Administration Act 1990 , section 4 .10, the commissioner has the power to delegate the commissioner’s powers.\nDespite the Police Service Administration Act 1990 , section 4 .10(3), a delegation of the commissioner’s powers under section 141G may not permit the subdelegation of the power to another person.\ns 141ZV ins 2024 No. 45 s 73\n(sec.141ZV-ssec.1) Despite the Police Service Administration Act 1990 , section 4 .10(1), the commissioner may delegate the commissioner’s powers under section 141G to a police officer of at least the rank of superintendent only. Under the Police Service Administration Act 1990 , section 4 .10, the commissioner has the power to delegate the commissioner’s powers.\n(sec.141ZV-ssec.2) Despite the Police Service Administration Act 1990 , section 4 .10(3), a delegation of the commissioner’s powers under section 141G may not permit the subdelegation of the power to another person.","sortOrder":268},{"sectionNumber":"pt.6","sectionType":"part","heading":"Rights of review and other appeals","content":"# Rights of review and other appeals","sortOrder":269},{"sectionNumber":"sec.142","sectionType":"section","heading":"Right to apply for review of decisions","content":"### sec.142 Right to apply for review of decisions\n\nThis section applies to the following decisions—\na decision refusing an application for a licence, permit, approval or other authority under this Act;\na decision refusing to renew a licence under this Act;\na decision refusing to accept the nomination of a person by an applicant for a shooting club permit;\na decision refusing to accept a representative notice under section 92 ;\na decision imposing or amending a condition applying to a licence, permit, approval or other authority under this Act;\na decision revoking or suspending a licence, permit, approval or other authority under this Act;\na decision, under section 18D (2) , revoking a delegation.\nA person aggrieved by the decision may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\nFor appeal rights in relation to firearm prohibition orders, see part 5A , division 6 .\ns 142 sub 1994 No. 13 s 20\namd 2003 No. 37 s 66 ; 2009 No. 24 s 1619 ; 2012 No. 40 s 22 ; 2013 No. 64 s 225 ; 2024 No. 45 s 74\n(sec.142-ssec.1) This section applies to the following decisions— a decision refusing an application for a licence, permit, approval or other authority under this Act; a decision refusing to renew a licence under this Act; a decision refusing to accept the nomination of a person by an applicant for a shooting club permit; a decision refusing to accept a representative notice under section 92 ; a decision imposing or amending a condition applying to a licence, permit, approval or other authority under this Act; a decision revoking or suspending a licence, permit, approval or other authority under this Act; a decision, under section 18D (2) , revoking a delegation.\n(sec.142-ssec.2) A person aggrieved by the decision may apply, as provided under the QCAT Act , to QCAT for a review of the decision. For appeal rights in relation to firearm prohibition orders, see part 5A , division 6 .\n- (a) a decision refusing an application for a licence, permit, approval or other authority under this Act;\n- (aa) a decision refusing to renew a licence under this Act;\n- (b) a decision refusing to accept the nomination of a person by an applicant for a shooting club permit;\n- (c) a decision refusing to accept a representative notice under section 92 ;\n- (d) a decision imposing or amending a condition applying to a licence, permit, approval or other authority under this Act;\n- (e) a decision revoking or suspending a licence, permit, approval or other authority under this Act;\n- (f) a decision, under section 18D (2) , revoking a delegation.","sortOrder":270},{"sectionNumber":"sec.142AA","sectionType":"section","heading":"Notices must be QCAT information notices","content":"### sec.142AA Notices must be QCAT information notices\n\nThis section applies to a notice required to be given to a person in relation to a decision mentioned in section 142 (1) .\nThe notice must be a QCAT information notice for the decision.\ns 142AA ins 2009 No. 24 s 1620\namd 2013 No. 64 s 226 ; 2016 No. 62 s 481\n(sec.142AA-ssec.1) This section applies to a notice required to be given to a person in relation to a decision mentioned in section 142 (1) .\n(sec.142AA-ssec.2) The notice must be a QCAT information notice for the decision.","sortOrder":271},{"sectionNumber":"sec.142A","sectionType":"section","heading":"Confidentiality of criminal intelligence","content":"### sec.142A Confidentiality of criminal intelligence\n\nThis section applies to—\na review, under the QCAT Act , of a relevant decision; or\na review, under the Judicial Review Act 1991 , of a relevant decision; or\nan appeal, under the QCAT Act , in relation to a relevant decision.\nThe court or tribunal deciding the appeal or reviewing the decision—\nmust ensure that it does not, in the reasons for its decision or otherwise, disclose the content of any criminal intelligence on which the decision is based; and\nin order to prevent the disclosure of the criminal intelligence must receive evidence and hear argument in the absence of the public, the appellant or applicant for review and the appellant’s or applicant’s lawyer or representative; and\nmay, as it considers appropriate to protect the confidentiality of criminal intelligence, take evidence consisting of criminal intelligence by way of affidavit of a police officer of at least the rank of superintendent.\nIf the court or tribunal considers information categorised as criminal intelligence by the commissioner has been incorrectly categorised as criminal intelligence, the commissioner may withdraw the information from consideration by the court or tribunal.\nInformation that is withdrawn by the commissioner under subsection (2A) must not be—\ndisclosed to any person; or\ntaken into consideration by the court or tribunal.\nThe Public Records Act 2023 does not apply to activities of, or records made or kept by, the court or tribunal to the extent that Act would otherwise enable criminal intelligence to be disclosed.\nIn this section—\ncriminal intelligence means criminal intelligence or other information of the kind mentioned in section 10B (1) (f) or 10C (1) (c) that could, if disclosed, reasonably be expected—\nto prejudice the investigation of a contravention or possible contravention of this Act; or\nto enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of this Act, to be ascertained; or\nto endanger a person’s life or physical safety; or\nto prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of this Act; or\nto prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety.\nrelevant decision means any of the following decisions—\na decision refusing an application for a licence or to renew a licence;\na decision suspending or revoking a licence.\ns 142A ins 2003 No. 37 s 67\namd 2009 No. 24 s 1621 ; 2016 No. 62 s 482 ; 2023 No. 33 s 107 sch 4 ; 2026 No. 4 s 106\n(sec.142A-ssec.1) This section applies to— a review, under the QCAT Act , of a relevant decision; or a review, under the Judicial Review Act 1991 , of a relevant decision; or an appeal, under the QCAT Act , in relation to a relevant decision.\n(sec.142A-ssec.2) The court or tribunal deciding the appeal or reviewing the decision— must ensure that it does not, in the reasons for its decision or otherwise, disclose the content of any criminal intelligence on which the decision is based; and in order to prevent the disclosure of the criminal intelligence must receive evidence and hear argument in the absence of the public, the appellant or applicant for review and the appellant’s or applicant’s lawyer or representative; and may, as it considers appropriate to protect the confidentiality of criminal intelligence, take evidence consisting of criminal intelligence by way of affidavit of a police officer of at least the rank of superintendent.\n(sec.142A-ssec.2A) If the court or tribunal considers information categorised as criminal intelligence by the commissioner has been incorrectly categorised as criminal intelligence, the commissioner may withdraw the information from consideration by the court or tribunal.\n(sec.142A-ssec.2B) Information that is withdrawn by the commissioner under subsection (2A) must not be— disclosed to any person; or taken into consideration by the court or tribunal.\n(sec.142A-ssec.2C) The Public Records Act 2023 does not apply to activities of, or records made or kept by, the court or tribunal to the extent that Act would otherwise enable criminal intelligence to be disclosed.\n(sec.142A-ssec.3) In this section— criminal intelligence means criminal intelligence or other information of the kind mentioned in section 10B (1) (f) or 10C (1) (c) that could, if disclosed, reasonably be expected— to prejudice the investigation of a contravention or possible contravention of this Act; or to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of this Act, to be ascertained; or to endanger a person’s life or physical safety; or to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of this Act; or to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety. relevant decision means any of the following decisions— a decision refusing an application for a licence or to renew a licence; a decision suspending or revoking a licence.\n- (a) a review, under the QCAT Act , of a relevant decision; or\n- (b) a review, under the Judicial Review Act 1991 , of a relevant decision; or\n- (c) an appeal, under the QCAT Act , in relation to a relevant decision.\n- (a) must ensure that it does not, in the reasons for its decision or otherwise, disclose the content of any criminal intelligence on which the decision is based; and\n- (b) in order to prevent the disclosure of the criminal intelligence must receive evidence and hear argument in the absence of the public, the appellant or applicant for review and the appellant’s or applicant’s lawyer or representative; and\n- (c) may, as it considers appropriate to protect the confidentiality of criminal intelligence, take evidence consisting of criminal intelligence by way of affidavit of a police officer of at least the rank of superintendent.\n- (a) disclosed to any person; or\n- (b) taken into consideration by the court or tribunal.\n- (a) to prejudice the investigation of a contravention or possible contravention of this Act; or\n- (b) to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of this Act, to be ascertained; or\n- (c) to endanger a person’s life or physical safety; or\n- (d) to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of this Act; or\n- (e) to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety.\n- (a) a decision refusing an application for a licence or to renew a licence;\n- (b) a decision suspending or revoking a licence.","sortOrder":272},{"sectionNumber":"sec.143","sectionType":"section","heading":null,"content":"### Section sec.143\n\ns 143 prev s 143 ins 1994 No. 13 s 20\nom 2009 No. 24 s 1622\npres s 143 ins 2013 No. 64 s 227\nom 2016 No. 62 s 483","sortOrder":273},{"sectionNumber":"sec.144","sectionType":"section","heading":null,"content":"### Section sec.144\n\ns 144 prev s 144 ins 1994 No. 13 s 20\nom 2009 No. 24 s 1622\npres s 144 ins 2013 No. 64 s 227\nom 2016 No. 62 s 483","sortOrder":274},{"sectionNumber":"sec.145","sectionType":"section","heading":"Applicant may carry on business pending review","content":"### sec.145 Applicant may carry on business pending review\n\nA person who applies for the review of—\nthe refusal to renew a dealer’s licence, armourer’s licence or theatrical ordnance supplier’s licence; or\nthe revocation of a dealer’s licence, armourer’s licence or theatrical ordnance supplier’s licence;\nis entitled, until the review is decided, to carry on business as if the licence had been renewed or had not been revoked.\ns 145 ins 1994 No. 13 s 20\namd 2009 No. 24 s 1623 ; 2013 No. 64 s 228 ; 2016 No. 62 s 484\n(sec.145-ssec) A person who applies for the review of— the refusal to renew a dealer’s licence, armourer’s licence or theatrical ordnance supplier’s licence; or the revocation of a dealer’s licence, armourer’s licence or theatrical ordnance supplier’s licence; is entitled, until the review is decided, to carry on business as if the licence had been renewed or had not been revoked.\n- (a) the refusal to renew a dealer’s licence, armourer’s licence or theatrical ordnance supplier’s licence; or\n- (b) the revocation of a dealer’s licence, armourer’s licence or theatrical ordnance supplier’s licence;","sortOrder":275},{"sectionNumber":"sec.146","sectionType":"section","heading":null,"content":"### Section sec.146\n\ns 146 ins 1994 No. 13 s 20\nom 2009 No. 24 s 1624","sortOrder":276},{"sectionNumber":"sec.147","sectionType":"section","heading":null,"content":"### Section sec.147\n\ns 147 orig s 147 ins 1995 No. 58 s 4\nexp 28 May 1996 (see s 147(3))\nprev s 147 ins 1994 No. 13 s 20\namd 1995 No. 57 s 4 sch 1\nom 2009 No. 24 s 1624","sortOrder":277},{"sectionNumber":"sec.148","sectionType":"section","heading":null,"content":"### Section sec.148\n\ns 148 ins 1994 No. 13 s 20\nom 2009 No. 24 s 1624","sortOrder":278},{"sectionNumber":"sec.149","sectionType":"section","heading":null,"content":"### Section sec.149\n\ns 149 ins 1994 No. 13 s 20\namd 1999 No. 19 s 3 sch\nom 2009 No. 24 s 1624","sortOrder":279},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":280},{"sectionNumber":"sec.150","sectionType":"section","heading":"Advisory council","content":"### sec.150 Advisory council\n\nThe Minister may constitute an advisory council to advise the Minister in the administration of this Act.\nThe advisory council is to consist of the members appointed to the council by the Minister.\ns 150 ins 1996 No. 41 s 27\n(sec.150-ssec.1) The Minister may constitute an advisory council to advise the Minister in the administration of this Act.\n(sec.150-ssec.2) The advisory council is to consist of the members appointed to the council by the Minister.","sortOrder":281},{"sectionNumber":"sec.151","sectionType":"section","heading":"Disclosure by professional carer of certain information","content":"### sec.151 Disclosure by professional carer of certain information\n\nIf a professional carer is of the opinion that a person is an unsuitable person to possess a firearm for either of the following reasons, the professional carer may inform the commissioner of the opinion and give the commissioner any relevant information about the person including the person’s identity—\nbecause of the person’s mental or physical condition;\nbecause the person may be a danger to himself, herself or someone else.\nThe giving of an opinion or information by a professional carer under subsection (1) does not give rise to any criminal or civil action or remedy against the professional carer.\nThis section applies despite any duty of confidentiality owed by the professional carer to the person.\nIn this section—\nhealth services means services prescribed under a regulation for maintaining, improving and restoring people’s health and wellbeing.\nprofessional carer means—\na doctor; or\na person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student; or\na person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student; or\na person prescribed under a regulation who is engaged in providing health services.\ns 151 ins 1996 No. 41 s 27\nsub 2003 No. 37 s 68\namd 2007 No. 1 s 32 sch 2 ; 2010 No. 14 s 124 sch ; 2017 No. 32 s 87 (2) sch 1 pt 2\n(sec.151-ssec.1) If a professional carer is of the opinion that a person is an unsuitable person to possess a firearm for either of the following reasons, the professional carer may inform the commissioner of the opinion and give the commissioner any relevant information about the person including the person’s identity— because of the person’s mental or physical condition; because the person may be a danger to himself, herself or someone else.\n(sec.151-ssec.2) The giving of an opinion or information by a professional carer under subsection (1) does not give rise to any criminal or civil action or remedy against the professional carer.\n(sec.151-ssec.3) This section applies despite any duty of confidentiality owed by the professional carer to the person.\n(sec.151-ssec.4) In this section— health services means services prescribed under a regulation for maintaining, improving and restoring people’s health and wellbeing. professional carer means— a doctor; or a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student; or a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student; or a person prescribed under a regulation who is engaged in providing health services.\n- (a) because of the person’s mental or physical condition;\n- (b) because the person may be a danger to himself, herself or someone else.\n- (a) a doctor; or\n- (b) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student; or\n- (c) a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student; or\n- (d) a person prescribed under a regulation who is engaged in providing health services.","sortOrder":282},{"sectionNumber":"sec.151A","sectionType":"section","heading":"Disclosure by approved shooting clubs and approved historical societies of particular information","content":"### sec.151A Disclosure by approved shooting clubs and approved historical societies of particular information\n\nSubsection (2) applies if a majority of the governing body of a relevant entity reasonably believes that a member of the entity is an unsuitable person to possess a firearm—\nbecause of the member’s mental or physical condition; or\nbecause the member may be a danger to himself, herself or someone else.\nThe entity must inform the commissioner in writing of the governing body’s belief and give the commissioner any relevant information about the member’s condition and identity.\nThe giving of an opinion or information by an entity under this section does not give rise to any criminal or civil action or remedy against the entity.\nThis section applies despite any duty of confidentiality owed by the entity to the member.\nIn this section—\nrelevant entity means—\nan approved shooting club; or\nan approved historical society.\ns 151A ins 2003 No. 37 s 68\n(sec.151A-ssec.1) Subsection (2) applies if a majority of the governing body of a relevant entity reasonably believes that a member of the entity is an unsuitable person to possess a firearm— because of the member’s mental or physical condition; or because the member may be a danger to himself, herself or someone else.\n(sec.151A-ssec.2) The entity must inform the commissioner in writing of the governing body’s belief and give the commissioner any relevant information about the member’s condition and identity.\n(sec.151A-ssec.3) The giving of an opinion or information by an entity under this section does not give rise to any criminal or civil action or remedy against the entity.\n(sec.151A-ssec.4) This section applies despite any duty of confidentiality owed by the entity to the member.\n(sec.151A-ssec.5) In this section— relevant entity means— an approved shooting club; or an approved historical society.\n- (a) because of the member’s mental or physical condition; or\n- (b) because the member may be a danger to himself, herself or someone else.\n- (a) an approved shooting club; or\n- (b) an approved historical society.","sortOrder":283},{"sectionNumber":"sec.151B","sectionType":"section","heading":"Protection of informers","content":"### sec.151B Protection of informers\n\nIf an informer supplies information to a police officer in relation to the commission of an indictable offence against this Act, the informer’s identity must, at all times, be kept confidential.\nA person must not disclose the name of an informer or any other particular that may be likely to lead to the informer’s identification.\nMaximum penalty—2 years imprisonment.\nHowever, a person does not contravene subsection (2) if—\nthe informer consents to the information being disclosed; or\nthe disclosure was made in good faith for the protection of the informer’s interests; or\na court orders the disclosure after being satisfied that—\ndisclosing the information is not likely to jeopardise the informer’s safety; and\nthe disclosure is in the public interest.\ns 151B ins 2003 No. 37 s 68\n(sec.151B-ssec.1) If an informer supplies information to a police officer in relation to the commission of an indictable offence against this Act, the informer’s identity must, at all times, be kept confidential.\n(sec.151B-ssec.2) A person must not disclose the name of an informer or any other particular that may be likely to lead to the informer’s identification. Maximum penalty—2 years imprisonment.\n(sec.151B-ssec.3) However, a person does not contravene subsection (2) if— the informer consents to the information being disclosed; or the disclosure was made in good faith for the protection of the informer’s interests; or a court orders the disclosure after being satisfied that— disclosing the information is not likely to jeopardise the informer’s safety; and the disclosure is in the public interest.\n- (a) the informer consents to the information being disclosed; or\n- (b) the disclosure was made in good faith for the protection of the informer’s interests; or\n- (c) a court orders the disclosure after being satisfied that— (i) disclosing the information is not likely to jeopardise the informer’s safety; and (ii) the disclosure is in the public interest.\n- (i) disclosing the information is not likely to jeopardise the informer’s safety; and\n- (ii) the disclosure is in the public interest.\n- (i) disclosing the information is not likely to jeopardise the informer’s safety; and\n- (ii) the disclosure is in the public interest.","sortOrder":284},{"sectionNumber":"sec.151C","sectionType":"section","heading":"Source of information not to be disclosed","content":"### sec.151C Source of information not to be disclosed\n\nThis section applies to a proceeding under this Act or another Act if an informer has supplied information to a police officer in relation to the commission of an indictable offence against this Act.\nIf the prosecutor or a prescribed witness in the proceeding is asked to disclose any of the following, the prosecutor or prescribed witness can not be compelled to disclose—\nthe name of an informer, or any other particular that may be likely to lead to the informer’s identification; or\nthe fact that, in relation to the offence, the prosecutor or witness—\nreceived information from an informer; or\nfurnished information to an informer or the nature of the information.\nA police officer appearing as a prosecutor or witness in the proceeding must not be compelled—\nto produce a report or document, made or received by the police officer in the police officer’s official capacity or containing information given by the informer in relation to the offence; or\nto make a statement in relation to the report or document or information contained in the report or document.\nHowever the prosecutor, prescribed witness or police officer in the proceeding may be compelled to disclose information, or a report or document, to the extent—\nthe informer consents to the particular information, or all or a particular part of the report or document, being disclosed; or\na court orders that particular information, or all or a particular part of the report or document, be disclosed after being satisfied that the disclosure is not likely to jeopardise the informer’s safety and is in the public interest.\nIn this section—\nprescribed witness means—\na person appearing as a witness for the prosecution; or\na police officer appearing as a witness for the defence.\ns 151C ins 2003 No. 37 s 68\n(sec.151C-ssec.1) This section applies to a proceeding under this Act or another Act if an informer has supplied information to a police officer in relation to the commission of an indictable offence against this Act.\n(sec.151C-ssec.2) If the prosecutor or a prescribed witness in the proceeding is asked to disclose any of the following, the prosecutor or prescribed witness can not be compelled to disclose— the name of an informer, or any other particular that may be likely to lead to the informer’s identification; or the fact that, in relation to the offence, the prosecutor or witness— received information from an informer; or furnished information to an informer or the nature of the information.\n(sec.151C-ssec.3) A police officer appearing as a prosecutor or witness in the proceeding must not be compelled— to produce a report or document, made or received by the police officer in the police officer’s official capacity or containing information given by the informer in relation to the offence; or to make a statement in relation to the report or document or information contained in the report or document.\n(sec.151C-ssec.4) However the prosecutor, prescribed witness or police officer in the proceeding may be compelled to disclose information, or a report or document, to the extent— the informer consents to the particular information, or all or a particular part of the report or document, being disclosed; or a court orders that particular information, or all or a particular part of the report or document, be disclosed after being satisfied that the disclosure is not likely to jeopardise the informer’s safety and is in the public interest.\n(sec.151C-ssec.5) In this section— prescribed witness means— a person appearing as a witness for the prosecution; or a police officer appearing as a witness for the defence.\n- (a) the name of an informer, or any other particular that may be likely to lead to the informer’s identification; or\n- (b) the fact that, in relation to the offence, the prosecutor or witness— (i) received information from an informer; or (ii) furnished information to an informer or the nature of the information.\n- (i) received information from an informer; or\n- (ii) furnished information to an informer or the nature of the information.\n- (i) received information from an informer; or\n- (ii) furnished information to an informer or the nature of the information.\n- (a) to produce a report or document, made or received by the police officer in the police officer’s official capacity or containing information given by the informer in relation to the offence; or\n- (b) to make a statement in relation to the report or document or information contained in the report or document.\n- (a) the informer consents to the particular information, or all or a particular part of the report or document, being disclosed; or\n- (b) a court orders that particular information, or all or a particular part of the report or document, be disclosed after being satisfied that the disclosure is not likely to jeopardise the informer’s safety and is in the public interest.\n- (a) a person appearing as a witness for the prosecution; or\n- (b) a police officer appearing as a witness for the defence.","sortOrder":285},{"sectionNumber":"sec.151D","sectionType":"section","heading":"Power to prohibit publication of proceedings","content":"### sec.151D Power to prohibit publication of proceedings\n\nIn a proceeding arising out of a charge of having committed an indictable offence against this Act, the presiding judicial officer may make an order prohibiting the publication of all or any part of the proceeding and the name and address of any witness.\nAn application for an order under subsection (1) may be made in closed court in the presence of any person the presiding judicial officer permits and no other person.\nOn the hearing of the application, the presiding judicial officer may receive and act on any information the presiding judicial officer considers appropriate.\nWhen considering an application to prohibit publication, the presiding judicial officer must have regard to—\nthe safety of any person; and\nthe extent to which the detection of offences of a like nature may be affected; and\nthe need to guarantee the confidentiality of information given by an informer.\nA person who contravenes an order made by a presiding judicial officer under subsection (1) commits an offence.\nMaximum penalty—\nif the order is made by a magistrate—2 years imprisonment; or\nif the order is made by a judge—5 years imprisonment.\nThis section is in addition to and not in substitution for the Child Protection Act 1999 , sections 192 and 193 and the Youth Justice Act 1992 .\nIn this section—\npresiding judicial officer , for a proceeding, means—\nthe magistrate hearing and deciding the matter summarily or conducting the examination of witnesses; or\nthe judge presiding over the court to which a person has been committed for trial or sentence.\ns 151D ins 2003 No. 37 s 68\namd 2009 No. 34 s 45 (1) sch pt 1 amdt 33\n(sec.151D-ssec.1) In a proceeding arising out of a charge of having committed an indictable offence against this Act, the presiding judicial officer may make an order prohibiting the publication of all or any part of the proceeding and the name and address of any witness.\n(sec.151D-ssec.2) An application for an order under subsection (1) may be made in closed court in the presence of any person the presiding judicial officer permits and no other person.\n(sec.151D-ssec.3) On the hearing of the application, the presiding judicial officer may receive and act on any information the presiding judicial officer considers appropriate.\n(sec.151D-ssec.4) When considering an application to prohibit publication, the presiding judicial officer must have regard to— the safety of any person; and the extent to which the detection of offences of a like nature may be affected; and the need to guarantee the confidentiality of information given by an informer.\n(sec.151D-ssec.5) A person who contravenes an order made by a presiding judicial officer under subsection (1) commits an offence. Maximum penalty— if the order is made by a magistrate—2 years imprisonment; or if the order is made by a judge—5 years imprisonment.\n(sec.151D-ssec.6) This section is in addition to and not in substitution for the Child Protection Act 1999 , sections 192 and 193 and the Youth Justice Act 1992 .\n(sec.151D-ssec.7) In this section— presiding judicial officer , for a proceeding, means— the magistrate hearing and deciding the matter summarily or conducting the examination of witnesses; or the judge presiding over the court to which a person has been committed for trial or sentence.\n- (a) the safety of any person; and\n- (b) the extent to which the detection of offences of a like nature may be affected; and\n- (c) the need to guarantee the confidentiality of information given by an informer.\n- (a) if the order is made by a magistrate—2 years imprisonment; or\n- (b) if the order is made by a judge—5 years imprisonment.\n- (a) the magistrate hearing and deciding the matter summarily or conducting the examination of witnesses; or\n- (b) the judge presiding over the court to which a person has been committed for trial or sentence.","sortOrder":286},{"sectionNumber":"sec.152","sectionType":"section","heading":"Approved officers","content":"### sec.152 Approved officers\n\nThe commissioner may appoint a police officer or a public service officer as an approved officer for this Act.\nHowever, a police officer or a public service officer may be appointed as an approved officer only if, in the commissioner’s opinion, the person has the necessary expertise or experience to be an approved officer.\ns 152 ins 1996 No. 41 s 27\namd 2022 No. 4 s 34\n(sec.152-ssec.1) The commissioner may appoint a police officer or a public service officer as an approved officer for this Act.\n(sec.152-ssec.2) However, a police officer or a public service officer may be appointed as an approved officer only if, in the commissioner’s opinion, the person has the necessary expertise or experience to be an approved officer.","sortOrder":287},{"sectionNumber":"sec.153","sectionType":"section","heading":"Authorised officers","content":"### sec.153 Authorised officers\n\nFor this Act, the following officers are authorised officers—\nthe commissioner, an executive officer or commissioned officer;\na police officer appointed as an authorised officer by the commissioner.\nHowever, a police officer may be appointed as an authorised officer only if, in the commissioner’s opinion, the officer has the necessary expertise or experience to be an authorised officer.\nAn authorised officer mentioned in subsection (1) (a) may delegate the authorised officer’s powers under part 2 or part 3 , division 3 to the following—\na police officer;\na staff member of the police service under the Police Service Administration Act 1990 .\nHowever, a power may be delegated under subsection (3) only if, in the authorised officer’s opinion, the police officer or staff member has the necessary expertise or experience to exercise the power.\ns 153 ins 1996 No. 41 s 27\namd 2023 No. 7 s 65\n(sec.153-ssec.1) For this Act, the following officers are authorised officers— the commissioner, an executive officer or commissioned officer; a police officer appointed as an authorised officer by the commissioner.\n(sec.153-ssec.2) However, a police officer may be appointed as an authorised officer only if, in the commissioner’s opinion, the officer has the necessary expertise or experience to be an authorised officer.\n(sec.153-ssec.3) An authorised officer mentioned in subsection (1) (a) may delegate the authorised officer’s powers under part 2 or part 3 , division 3 to the following— a police officer; a staff member of the police service under the Police Service Administration Act 1990 .\n(sec.153-ssec.4) However, a power may be delegated under subsection (3) only if, in the authorised officer’s opinion, the police officer or staff member has the necessary expertise or experience to exercise the power.\n- (a) the commissioner, an executive officer or commissioned officer;\n- (b) a police officer appointed as an authorised officer by the commissioner.\n- (a) a police officer;\n- (b) a staff member of the police service under the Police Service Administration Act 1990 .","sortOrder":288},{"sectionNumber":"sec.154","sectionType":"section","heading":"Authorised officers may approve particular weapons to be of particular types","content":"### sec.154 Authorised officers may approve particular weapons to be of particular types\n\nAn authorised officer, specially authorised by the commissioner for this section, may—\ndecide that ammunition is not commercially available for a thing mentioned in paragraph (a) , (b) (i) , (c) or (d) of the definition firearm and manufactured before 1 January 1901; or\napprove a firearm to be a pre-percussion handgun if the authorised officer reasonably believes the firearm—\nis an antique firearm less than 75cm in length; and\ndoes not use percussion as a means of igniting a charge; and\ndoes not accept cartridge ammunition.\nThe commissioner may specially authorise an authorised officer under this section if the commissioner is satisfied that the officer has the necessary qualifications or experience to be specially authorised for this section.\ns 154 prev s 154 amd 1994 No. 13 ss 21 , 3 sch ; 1998 No. 19 s 43 ; 1999 No. 15 s 137 sch 1\nom 2000 No. 5 s 461 sch 3\npres s 154 ins 2003 No. 37 s 69\n(sec.154-ssec.1) An authorised officer, specially authorised by the commissioner for this section, may— decide that ammunition is not commercially available for a thing mentioned in paragraph (a) , (b) (i) , (c) or (d) of the definition firearm and manufactured before 1 January 1901; or approve a firearm to be a pre-percussion handgun if the authorised officer reasonably believes the firearm— is an antique firearm less than 75cm in length; and does not use percussion as a means of igniting a charge; and does not accept cartridge ammunition.\n(sec.154-ssec.2) The commissioner may specially authorise an authorised officer under this section if the commissioner is satisfied that the officer has the necessary qualifications or experience to be specially authorised for this section.\n- (a) decide that ammunition is not commercially available for a thing mentioned in paragraph (a) , (b) (i) , (c) or (d) of the definition firearm and manufactured before 1 January 1901; or\n- (b) approve a firearm to be a pre-percussion handgun if the authorised officer reasonably believes the firearm— (i) is an antique firearm less than 75cm in length; and (ii) does not use percussion as a means of igniting a charge; and (iii) does not accept cartridge ammunition.\n- (i) is an antique firearm less than 75cm in length; and\n- (ii) does not use percussion as a means of igniting a charge; and\n- (iii) does not accept cartridge ammunition.\n- (i) is an antique firearm less than 75cm in length; and\n- (ii) does not use percussion as a means of igniting a charge; and\n- (iii) does not accept cartridge ammunition.","sortOrder":289},{"sectionNumber":"sec.155","sectionType":"section","heading":"Disqualification by a court","content":"### sec.155 Disqualification by a court\n\nWhere a person is convicted of an offence or is the subject of any order against the law of the State, the court may, in addition to any other penalty imposed by that law, do any 1 or more of the following—\ndeclare any licence, permit to acquire or approval held by the person convicted to be revoked;\ndisqualify the person from holding or obtaining a licence or approval or from being a representative of a licensee or holder of approval under this Act for a period specified by the court;\norder that any weapon, ammunition, antique firearm, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow owned or in the possession of that person is forfeited to the Crown.\nA declaration under subsection (1) (a) has effect to revoke the licence or permit to acquire specified in the declaration.\nA disqualification under subsection (1) (b) has effect to revoke any licence, approval or permit to acquire held by the person.\ns 155 amd 1994 No. 13 s 22 ; 1996 No. 41 s 3 sch 1 ; 1997 No. 48 s 43\n(sec.155-ssec.1) Where a person is convicted of an offence or is the subject of any order against the law of the State, the court may, in addition to any other penalty imposed by that law, do any 1 or more of the following— declare any licence, permit to acquire or approval held by the person convicted to be revoked; disqualify the person from holding or obtaining a licence or approval or from being a representative of a licensee or holder of approval under this Act for a period specified by the court; order that any weapon, ammunition, antique firearm, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow owned or in the possession of that person is forfeited to the Crown.\n(sec.155-ssec.2) A declaration under subsection (1) (a) has effect to revoke the licence or permit to acquire specified in the declaration.\n(sec.155-ssec.3) A disqualification under subsection (1) (b) has effect to revoke any licence, approval or permit to acquire held by the person.\n- (a) declare any licence, permit to acquire or approval held by the person convicted to be revoked;\n- (b) disqualify the person from holding or obtaining a licence or approval or from being a representative of a licensee or holder of approval under this Act for a period specified by the court;\n- (c) order that any weapon, ammunition, antique firearm, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow owned or in the possession of that person is forfeited to the Crown.","sortOrder":290},{"sectionNumber":"sec.156","sectionType":"section","heading":null,"content":"### Section sec.156\n\ns 156 orig s 156 ins 1996 No. 41 s 32\nprev s 156 (prev s 132) renum 1996 No. 41 s 32\nom 2003 No. 37 s 70","sortOrder":291},{"sectionNumber":"sec.157","sectionType":"section","heading":"Fraud and unlawful possession of licence etc.","content":"### sec.157 Fraud and unlawful possession of licence etc.\n\nA person must not—\nwithout reasonable excuse, have possession of—\na licence; or\nanything resembling a licence; or\nany document which was formerly a licence but which is suspended, cancelled, revoked or surrendered; or\nwithout reasonable excuse, lend, or permit or allow to be used any licence issued in that person’s name by any other person; or\nunless authorised by or under this Act, make or attempt to make or cause, permit or allow to be made any endorsement on or addition or alteration to or erasure from a licence or any approval under this Act.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nA licence or approval obtained by any false statement or misrepresentation is void.\ns 157 amd 1994 No. 13 s 3 sch ; 1996 No. 41 s 3 sch 1 ; 2003 No. 37 s 71 ; 2007 No. 1 s 32 sch 2\n(sec.157-ssec.1) A person must not— without reasonable excuse, have possession of— a licence; or anything resembling a licence; or any document which was formerly a licence but which is suspended, cancelled, revoked or surrendered; or without reasonable excuse, lend, or permit or allow to be used any licence issued in that person’s name by any other person; or unless authorised by or under this Act, make or attempt to make or cause, permit or allow to be made any endorsement on or addition or alteration to or erasure from a licence or any approval under this Act. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.157-ssec.2) A licence or approval obtained by any false statement or misrepresentation is void.\n- (a) without reasonable excuse, have possession of— (i) a licence; or (ii) anything resembling a licence; or (iii) any document which was formerly a licence but which is suspended, cancelled, revoked or surrendered; or\n- (i) a licence; or\n- (ii) anything resembling a licence; or\n- (iii) any document which was formerly a licence but which is suspended, cancelled, revoked or surrendered; or\n- (b) without reasonable excuse, lend, or permit or allow to be used any licence issued in that person’s name by any other person; or\n- (c) unless authorised by or under this Act, make or attempt to make or cause, permit or allow to be made any endorsement on or addition or alteration to or erasure from a licence or any approval under this Act.\n- (i) a licence; or\n- (ii) anything resembling a licence; or\n- (iii) any document which was formerly a licence but which is suspended, cancelled, revoked or surrendered; or","sortOrder":292},{"sectionNumber":"sec.158","sectionType":"section","heading":"False or misleading statements","content":"### sec.158 False or misleading statements\n\nA person must not state anything in a document required to be kept, given or made under this Act that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nIt is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\nIn this section—\nstate includes disclose, declare, advise and give.\ns 158 ins 1994 No. 13 s 23\nsub 2003 No. 37 s 72\n(sec.158-ssec.1) A person must not state anything in a document required to be kept, given or made under this Act that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.158-ssec.2) It is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.158-ssec.3) In this section— state includes disclose, declare, advise and give.","sortOrder":293},{"sectionNumber":"sec.159","sectionType":"section","heading":"Criminal Code to be read with Act","content":"### sec.159 Criminal Code to be read with Act\n\nThe Criminal Code , with all necessary adaptations, is to be read and construed with this Act.","sortOrder":294},{"sectionNumber":"sec.160","sectionType":"section","heading":null,"content":"### Section sec.160\n\ns 160 om 1997 No. 48 s 44","sortOrder":295},{"sectionNumber":"sec.161","sectionType":"section","heading":"Proceedings for an offence","content":"### sec.161 Proceedings for an offence\n\nSubject to subsections (2) and (3) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following—\n1 year after the offence is committed;\n1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\nA proceeding for an indictable offence punishable by more than 10 years imprisonment may only be taken on indictment.\nA proceeding for an indictable offence, other than an indictable offence punishable by more than 10 years imprisonment, may, at the election of the prosecution, be taken—\nby way of summary proceedings under subsection (1) ; or\non indictment.\nHowever, an offence against section 50B , 56A or 65 may not be by way of summary proceedings under subsection (1) if the person is alleged to have committed the offence with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q .\nA proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding—\nfor the summary conviction of the person; or\nfor an examination of witnesses in relation to the charge.\nIf a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order as defined under the Justices of the Peace and Commissioners for Declarations Act 1991 .\nIf the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment, the magistrate—\nmust not decide the charge as a summary offence; and\nmust proceed by way of a committal proceeding.\nIf a magistrate acts under subsection (6) —\nany plea of the person charged, made at the start of the proceeding, must be disregarded; and\nany evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be imposed on a summary conviction of an indictable offence is 150 penalty units or 3 years imprisonment.\nIn this section—\nindictable offence means an offence against this Act for which the maximum penalty of imprisonment is more than 2 years.\ns 161 amd 1996 No. 41 s 28\nsub 2003 No. 37 s 73\namd 2016 No. 62 s 485 ; 2026 No. 4 s 108\n(sec.161-ssec.1) Subject to subsections (2) and (3) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following— 1 year after the offence is committed; 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.161-ssec.2) A proceeding for an indictable offence punishable by more than 10 years imprisonment may only be taken on indictment.\n(sec.161-ssec.3) A proceeding for an indictable offence, other than an indictable offence punishable by more than 10 years imprisonment, may, at the election of the prosecution, be taken— by way of summary proceedings under subsection (1) ; or on indictment.\n(sec.161-ssec.3A) However, an offence against section 50B , 56A or 65 may not be by way of summary proceedings under subsection (1) if the person is alleged to have committed the offence with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q .\n(sec.161-ssec.4) A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of the person; or for an examination of witnesses in relation to the charge.\n(sec.161-ssec.5) If a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order as defined under the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.161-ssec.6) If the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment, the magistrate— must not decide the charge as a summary offence; and must proceed by way of a committal proceeding.\n(sec.161-ssec.7) If a magistrate acts under subsection (6) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n(sec.161-ssec.8) The maximum penalty that may be imposed on a summary conviction of an indictable offence is 150 penalty units or 3 years imprisonment.\n(sec.161-ssec.9) In this section— indictable offence means an offence against this Act for which the maximum penalty of imprisonment is more than 2 years.\n- (a) 1 year after the offence is committed;\n- (b) 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) by way of summary proceedings under subsection (1) ; or\n- (b) on indictment.\n- (a) for the summary conviction of the person; or\n- (b) for an examination of witnesses in relation to the charge.\n- (a) must not decide the charge as a summary offence; and\n- (b) must proceed by way of a committal proceeding.\n- (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and\n- (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (c) before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .","sortOrder":296},{"sectionNumber":"sec.161A","sectionType":"section","heading":"Indictable offences","content":"### sec.161A Indictable offences\n\nAn offence against this Act punishable by at least 7 years imprisonment is a crime.\nAn offence against this Act punishable by more than 2 years imprisonment but less than 7 years imprisonment is a misdemeanour.\ns 161A ins 2003 No. 37 s 73\n(sec.161A-ssec.1) An offence against this Act punishable by at least 7 years imprisonment is a crime.\n(sec.161A-ssec.2) An offence against this Act punishable by more than 2 years imprisonment but less than 7 years imprisonment is a misdemeanour.","sortOrder":297},{"sectionNumber":"sec.161B","sectionType":"section","heading":"Circumstances in which particular charges may be joined","content":"### sec.161B Circumstances in which particular charges may be joined\n\nCharges that a person contravened section 50B (1) on specified occasions over a specified period may be joined in the same complaint or indictment.\nCharges that a person contravened section 69 (1A) on specified occasions over a specified period may be joined in the same complaint or indictment.\nCharges that a licensed dealer or licensed armourer contravened section 71 (2) on specified occasions over a specified period may be joined in the same complaint.\nCharges that a person contravened section 117 (2) on specified occasions over a specified period may be joined in the same complaint.\nCharges that a person contravened section 126 (1) on specified occasions over a specified period may be joined in the same complaint.\nCharges that an individual contravened section 126A (1) (b) on specified occasions over a specified period may be joined in the same complaint.\nCharges that a security organisation contravened section 128 (1) (b) on specified occasions over a specified period may be joined in the same complaint.\ns 161B ins 2003 No. 37 s 73\n(sec.161B-ssec.1) Charges that a person contravened section 50B (1) on specified occasions over a specified period may be joined in the same complaint or indictment.\n(sec.161B-ssec.2) Charges that a person contravened section 69 (1A) on specified occasions over a specified period may be joined in the same complaint or indictment.\n(sec.161B-ssec.3) Charges that a licensed dealer or licensed armourer contravened section 71 (2) on specified occasions over a specified period may be joined in the same complaint.\n(sec.161B-ssec.4) Charges that a person contravened section 117 (2) on specified occasions over a specified period may be joined in the same complaint.\n(sec.161B-ssec.5) Charges that a person contravened section 126 (1) on specified occasions over a specified period may be joined in the same complaint.\n(sec.161B-ssec.6) Charges that an individual contravened section 126A (1) (b) on specified occasions over a specified period may be joined in the same complaint.\n(sec.161B-ssec.7) Charges that a security organisation contravened section 128 (1) (b) on specified occasions over a specified period may be joined in the same complaint.","sortOrder":298},{"sectionNumber":"sec.162","sectionType":"section","heading":null,"content":"### Section sec.162\n\ns 162 om 2013 No. 51 s 228","sortOrder":299},{"sectionNumber":"sec.163","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.163 Evidentiary provisions\n\nIn a proceeding for the purposes of this Act—\nit is not necessary to prove the appointment of the Minister, the commissioner, an authorised officer, a commissioned officer or any other police officer to do any act or take any proceedings; and\na signature purporting to be that of the Minister, the commissioner, authorised officer or any other police officer is to be taken to be the signature it purports to be until the contrary is proved; and\na statement in a complaint under the Justices Act 1886 of any of the following matters is evidence of the matter—\na place is or is not an approved range;\na club or an organisation is or is not an approved shooting club;\na person is or is not of a particular age;\na person was, or was not, the holder of a specified licence, permit, approval or other authority issued or granted under this Act at or during a specified time; and\na certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 15 (5) or 18 (7) , approved the rejection of an application for a licence or the renewal of a licence because a person was not a fit and proper person is evidence of the matter; and\na certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 28 (4) or 29 (3) , approved the suspension or revocation of a licence because a person was not a fit and proper person is evidence of the matter; and\na certificate purporting to be signed by an authorised officer stating any of the following matters is evidence of the matter—\na specified document is a licence, permit or approval or other document issued or granted under this Act or a copy of the document;\nat or during a specified time, in relation to a place, person, club or organisation there was or was not a specified licence, permit, approval or other authority issued or granted under this Act;\na licence, permit, approval or other authority granted or issued under this Act was subject to the terms, conditions or restrictions stated in the document; and\na document purporting to contain information extracted from the firearms register and signed by an authorised officer is evidence that the information is recorded in the firearms register; and\nevery entry in any book or register kept by or belonging to any person pursuant to this Act or found on premises of that person are to be taken, unless the contrary is shown, to have been made by or with the authority of that person; and\nproof of any exemption from any provision of this Act is upon the person who relies thereon; and\nwhere the age of any person is material, the court may decide, upon its own view and judgment, whether any person charged or present before it has or has not attained any prescribed age but the age of that person may be proved by other means.\nWhere, in respect of a proceeding for an offence against this Act, a copy of a document purporting to be signed by a police officer or a public service officer stating—\nthe qualifications and experience of that officer; and\nthat the officer has been appointed by the commissioner as an approved officer; and\nthat at a specified time any article, weapon or other thing—\ndid or did not bear any identification mark or number; or\nhas had altered, defaced or removed therefrom any identification mark or number; or\nwas or was not a weapon of a particular type; or\nwas a weapon or other thing that had or had not been rendered inoperable;\nis served upon the person charged with the offence at least 14 clear days before the hearing of the complaint then the document, a copy of which has been so served, on its production in the proceeding is sufficient evidence of the facts stated therein unless the person charged gives notice in writing in or to the effect of the approved form to the complainant at least 3 clear days before the hearing of the complaint requiring the calling of the police officer or the public service officer as a witness.\nNotwithstanding that a person charged with an offence has failed to give the notice as prescribed in subsection (2) , the court may, in the interest of justice, order the police officer or the public service officer to be called and may grant any necessary adjournment accordingly.\nIn relation to a charge involving the unlawful possession of a firearm under section 50 , the person charged is to be taken to have been in possession of the firearm if there is proof that the firearm was, at the material time, in or on a place of which the person was the occupier or concerned in the management or control unless the person shows—\nthat the firearm was brought to the place by someone who was authorised to have possession of the firearm; or\nthat the person neither knew nor had reason to suspect that the firearm was in or on the place; or\nthat someone other than the person had responsibility for the weapon.\nUnless the tribunal of fact considers the interests of justice require that opinion evidence be given, the tribunal of fact may decide whether a thing produced to it, and examined by it, is 1 of the following without the assistance of opinion evidence—\na weapon;\na particular type of weapon;\na power head, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow;\na replica of a weapon;\na firearm;\na thing mentioned in section 67 .\nIn this section—\napproved officer means a police officer or a public service officer appointed as an approved officer under section 152 .\ns 163 amd 1994 No. 13 s 24 ; 1995 No. 57 s 4 sch 1 ; 1996 No. 41 s 29 ; 1999 No. 19 s 3 sch ; 2003 No. 37 s 74 ; 2007 No. 1 s 32 sch 2 ; 2022 No. 4 s 35\n(sec.163-ssec.1) In a proceeding for the purposes of this Act— it is not necessary to prove the appointment of the Minister, the commissioner, an authorised officer, a commissioned officer or any other police officer to do any act or take any proceedings; and a signature purporting to be that of the Minister, the commissioner, authorised officer or any other police officer is to be taken to be the signature it purports to be until the contrary is proved; and a statement in a complaint under the Justices Act 1886 of any of the following matters is evidence of the matter— a place is or is not an approved range; a club or an organisation is or is not an approved shooting club; a person is or is not of a particular age; a person was, or was not, the holder of a specified licence, permit, approval or other authority issued or granted under this Act at or during a specified time; and a certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 15 (5) or 18 (7) , approved the rejection of an application for a licence or the renewal of a licence because a person was not a fit and proper person is evidence of the matter; and a certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 28 (4) or 29 (3) , approved the suspension or revocation of a licence because a person was not a fit and proper person is evidence of the matter; and a certificate purporting to be signed by an authorised officer stating any of the following matters is evidence of the matter— a specified document is a licence, permit or approval or other document issued or granted under this Act or a copy of the document; at or during a specified time, in relation to a place, person, club or organisation there was or was not a specified licence, permit, approval or other authority issued or granted under this Act; a licence, permit, approval or other authority granted or issued under this Act was subject to the terms, conditions or restrictions stated in the document; and a document purporting to contain information extracted from the firearms register and signed by an authorised officer is evidence that the information is recorded in the firearms register; and every entry in any book or register kept by or belonging to any person pursuant to this Act or found on premises of that person are to be taken, unless the contrary is shown, to have been made by or with the authority of that person; and proof of any exemption from any provision of this Act is upon the person who relies thereon; and where the age of any person is material, the court may decide, upon its own view and judgment, whether any person charged or present before it has or has not attained any prescribed age but the age of that person may be proved by other means.\n(sec.163-ssec.2) Where, in respect of a proceeding for an offence against this Act, a copy of a document purporting to be signed by a police officer or a public service officer stating— the qualifications and experience of that officer; and that the officer has been appointed by the commissioner as an approved officer; and that at a specified time any article, weapon or other thing— did or did not bear any identification mark or number; or has had altered, defaced or removed therefrom any identification mark or number; or was or was not a weapon of a particular type; or was a weapon or other thing that had or had not been rendered inoperable; is served upon the person charged with the offence at least 14 clear days before the hearing of the complaint then the document, a copy of which has been so served, on its production in the proceeding is sufficient evidence of the facts stated therein unless the person charged gives notice in writing in or to the effect of the approved form to the complainant at least 3 clear days before the hearing of the complaint requiring the calling of the police officer or the public service officer as a witness.\n(sec.163-ssec.3) Notwithstanding that a person charged with an offence has failed to give the notice as prescribed in subsection (2) , the court may, in the interest of justice, order the police officer or the public service officer to be called and may grant any necessary adjournment accordingly.\n(sec.163-ssec.3A) In relation to a charge involving the unlawful possession of a firearm under section 50 , the person charged is to be taken to have been in possession of the firearm if there is proof that the firearm was, at the material time, in or on a place of which the person was the occupier or concerned in the management or control unless the person shows— that the firearm was brought to the place by someone who was authorised to have possession of the firearm; or that the person neither knew nor had reason to suspect that the firearm was in or on the place; or that someone other than the person had responsibility for the weapon.\n(sec.163-ssec.4) Unless the tribunal of fact considers the interests of justice require that opinion evidence be given, the tribunal of fact may decide whether a thing produced to it, and examined by it, is 1 of the following without the assistance of opinion evidence— a weapon; a particular type of weapon; a power head, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow; a replica of a weapon; a firearm; a thing mentioned in section 67 .\n(sec.163-ssec.5) In this section— approved officer means a police officer or a public service officer appointed as an approved officer under section 152 .\n- (a) it is not necessary to prove the appointment of the Minister, the commissioner, an authorised officer, a commissioned officer or any other police officer to do any act or take any proceedings; and\n- (b) a signature purporting to be that of the Minister, the commissioner, authorised officer or any other police officer is to be taken to be the signature it purports to be until the contrary is proved; and\n- (c) a statement in a complaint under the Justices Act 1886 of any of the following matters is evidence of the matter— (i) a place is or is not an approved range; (ii) a club or an organisation is or is not an approved shooting club; (iii) a person is or is not of a particular age; (iv) a person was, or was not, the holder of a specified licence, permit, approval or other authority issued or granted under this Act at or during a specified time; and\n- (i) a place is or is not an approved range;\n- (ii) a club or an organisation is or is not an approved shooting club;\n- (iii) a person is or is not of a particular age;\n- (iv) a person was, or was not, the holder of a specified licence, permit, approval or other authority issued or granted under this Act at or during a specified time; and\n- (ca) a certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 15 (5) or 18 (7) , approved the rejection of an application for a licence or the renewal of a licence because a person was not a fit and proper person is evidence of the matter; and\n- (cb) a certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 28 (4) or 29 (3) , approved the suspension or revocation of a licence because a person was not a fit and proper person is evidence of the matter; and\n- (d) a certificate purporting to be signed by an authorised officer stating any of the following matters is evidence of the matter— (i) a specified document is a licence, permit or approval or other document issued or granted under this Act or a copy of the document; (ii) at or during a specified time, in relation to a place, person, club or organisation there was or was not a specified licence, permit, approval or other authority issued or granted under this Act; (iii) a licence, permit, approval or other authority granted or issued under this Act was subject to the terms, conditions or restrictions stated in the document; and\n- (i) a specified document is a licence, permit or approval or other document issued or granted under this Act or a copy of the document;\n- (ii) at or during a specified time, in relation to a place, person, club or organisation there was or was not a specified licence, permit, approval or other authority issued or granted under this Act;\n- (iii) a licence, permit, approval or other authority granted or issued under this Act was subject to the terms, conditions or restrictions stated in the document; and\n- (e) a document purporting to contain information extracted from the firearms register and signed by an authorised officer is evidence that the information is recorded in the firearms register; and\n- (f) every entry in any book or register kept by or belonging to any person pursuant to this Act or found on premises of that person are to be taken, unless the contrary is shown, to have been made by or with the authority of that person; and\n- (g) proof of any exemption from any provision of this Act is upon the person who relies thereon; and\n- (h) where the age of any person is material, the court may decide, upon its own view and judgment, whether any person charged or present before it has or has not attained any prescribed age but the age of that person may be proved by other means.\n- (i) a place is or is not an approved range;\n- (ii) a club or an organisation is or is not an approved shooting club;\n- (iii) a person is or is not of a particular age;\n- (iv) a person was, or was not, the holder of a specified licence, permit, approval or other authority issued or granted under this Act at or during a specified time; and\n- (i) a specified document is a licence, permit or approval or other document issued or granted under this Act or a copy of the document;\n- (ii) at or during a specified time, in relation to a place, person, club or organisation there was or was not a specified licence, permit, approval or other authority issued or granted under this Act;\n- (iii) a licence, permit, approval or other authority granted or issued under this Act was subject to the terms, conditions or restrictions stated in the document; and\n- (a) the qualifications and experience of that officer; and\n- (b) that the officer has been appointed by the commissioner as an approved officer; and\n- (c) that at a specified time any article, weapon or other thing— (i) did or did not bear any identification mark or number; or (ii) has had altered, defaced or removed therefrom any identification mark or number; or (iii) was or was not a weapon of a particular type; or (iv) was a weapon or other thing that had or had not been rendered inoperable;\n- (i) did or did not bear any identification mark or number; or\n- (ii) has had altered, defaced or removed therefrom any identification mark or number; or\n- (iii) was or was not a weapon of a particular type; or\n- (iv) was a weapon or other thing that had or had not been rendered inoperable;\n- (i) did or did not bear any identification mark or number; or\n- (ii) has had altered, defaced or removed therefrom any identification mark or number; or\n- (iii) was or was not a weapon of a particular type; or\n- (iv) was a weapon or other thing that had or had not been rendered inoperable;\n- (a) that the firearm was brought to the place by someone who was authorised to have possession of the firearm; or\n- (b) that the person neither knew nor had reason to suspect that the firearm was in or on the place; or\n- (c) that someone other than the person had responsibility for the weapon.\n- (a) a weapon;\n- (b) a particular type of weapon;\n- (c) a power head, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow;\n- (d) a replica of a weapon;\n- (e) a firearm;\n- (f) a thing mentioned in section 67 .","sortOrder":300},{"sectionNumber":"sec.164","sectionType":"section","heading":"Service of notice, orders etc.","content":"### sec.164 Service of notice, orders etc.\n\nAny order, notice or other document issued pursuant to this Act, other than a firearm prohibition order, is properly given upon the person to whom it is directed if it is served in accordance with this section, that is to say—\nby delivering a copy thereof to the person personally; or\nif the person can not reasonably be found—by leaving a copy thereof with some person for the person at that person’s usual place of business or residence or at the place of business or residence last known to the person who serves the order or document; or\nby posting by registered post a copy thereof addressed to the person at that person’s place of business or residence last known to the person who issued the order at least 14 days before the date on which the notice or document is to take effect.\nWhen an order, notice or document is served, the person who serves it may attend before a justice and depose on oath and in writing endorse on a copy of the order, notice or document to the manner of service thereof showing therein the date of personal delivery, leaving or posting, as the case may be, of the order, notice or document.\nEvery such deposition is, upon production in any court, evidence of the matters contained therein and sufficient proof of the service of the order, notice or document on the person to whom it was directed.\nService of any order, notice or document issued pursuant to this Act upon any unincorporated body or association of persons is properly served if it is served in accordance with this section upon the person who is for the time being the secretary or president (by whatever name such office is called) of that club or association.\nSubsection (4) applies to the service of a notice on a range operator that is an unincorporated body or association of persons.\ns 164 amd 1994 No. 13 s 25 ; 2024 No. 45 s 75\n(sec.164-ssec.1) Any order, notice or other document issued pursuant to this Act, other than a firearm prohibition order, is properly given upon the person to whom it is directed if it is served in accordance with this section, that is to say— by delivering a copy thereof to the person personally; or if the person can not reasonably be found—by leaving a copy thereof with some person for the person at that person’s usual place of business or residence or at the place of business or residence last known to the person who serves the order or document; or by posting by registered post a copy thereof addressed to the person at that person’s place of business or residence last known to the person who issued the order at least 14 days before the date on which the notice or document is to take effect.\n(sec.164-ssec.2) When an order, notice or document is served, the person who serves it may attend before a justice and depose on oath and in writing endorse on a copy of the order, notice or document to the manner of service thereof showing therein the date of personal delivery, leaving or posting, as the case may be, of the order, notice or document.\n(sec.164-ssec.3) Every such deposition is, upon production in any court, evidence of the matters contained therein and sufficient proof of the service of the order, notice or document on the person to whom it was directed.\n(sec.164-ssec.4) Service of any order, notice or document issued pursuant to this Act upon any unincorporated body or association of persons is properly served if it is served in accordance with this section upon the person who is for the time being the secretary or president (by whatever name such office is called) of that club or association.\n(sec.164-ssec.5) Subsection (4) applies to the service of a notice on a range operator that is an unincorporated body or association of persons.\n- (a) by delivering a copy thereof to the person personally; or\n- (b) if the person can not reasonably be found—by leaving a copy thereof with some person for the person at that person’s usual place of business or residence or at the place of business or residence last known to the person who serves the order or document; or\n- (c) by posting by registered post a copy thereof addressed to the person at that person’s place of business or residence last known to the person who issued the order at least 14 days before the date on which the notice or document is to take effect.","sortOrder":301},{"sectionNumber":"sec.165","sectionType":"section","heading":"Liability for tort generally","content":"### sec.165 Liability for tort generally\n\nThe Crown is liable for a tort committed by any police officer acting, or purporting to act, in the execution of duty as a police officer under this Act in like manner as an employer is liable for tort committed by the employer’s servant in the course of employment.\nThe Crown is to be treated for all purposes as a joint tortfeasor with the police officer who committed the tort.\nIn no case does the Crown’s liability for a tort committed by any police officer extend to a liability to pay damages in the nature of punitive damages.\nIn proceedings upon a claim by the Crown for damages in respect of a tort, actions done or omissions made by an officer acting, or purporting to act, in the execution of duty as a police officer under this Act may be relied on by the Crown as constituting contributory negligence, if the actions or omissions could have been so relied on if they had been done or made by a servant of the Crown in the course of employment.\nFor the purposes of this section, an action done or omission made by a police officer acting, or purporting to act, in the capacity of a constable is taken to have been done or made by the officer acting, or purporting to act, in the execution of duty as an officer.\nIf a police officer incurs liability in law for a tort committed by the police officer in the course of rendering assistance, directly or indirectly, to a person suffering, or apparently suffering, from illness or injury in circumstances that the officer reasonably considers to constitute an emergency, and if the officer acted therein in good faith and without gross negligence, the Crown is to indemnify and keep indemnified the officer in respect of that liability.\n(sec.165-ssec.1) The Crown is liable for a tort committed by any police officer acting, or purporting to act, in the execution of duty as a police officer under this Act in like manner as an employer is liable for tort committed by the employer’s servant in the course of employment.\n(sec.165-ssec.2) The Crown is to be treated for all purposes as a joint tortfeasor with the police officer who committed the tort.\n(sec.165-ssec.3) In no case does the Crown’s liability for a tort committed by any police officer extend to a liability to pay damages in the nature of punitive damages.\n(sec.165-ssec.4) In proceedings upon a claim by the Crown for damages in respect of a tort, actions done or omissions made by an officer acting, or purporting to act, in the execution of duty as a police officer under this Act may be relied on by the Crown as constituting contributory negligence, if the actions or omissions could have been so relied on if they had been done or made by a servant of the Crown in the course of employment.\n(sec.165-ssec.5) For the purposes of this section, an action done or omission made by a police officer acting, or purporting to act, in the capacity of a constable is taken to have been done or made by the officer acting, or purporting to act, in the execution of duty as an officer.\n(sec.165-ssec.6) If a police officer incurs liability in law for a tort committed by the police officer in the course of rendering assistance, directly or indirectly, to a person suffering, or apparently suffering, from illness or injury in circumstances that the officer reasonably considers to constitute an emergency, and if the officer acted therein in good faith and without gross negligence, the Crown is to indemnify and keep indemnified the officer in respect of that liability.","sortOrder":302},{"sectionNumber":"sec.166","sectionType":"section","heading":"Payment and recovery of damages","content":"### sec.166 Payment and recovery of damages\n\nThe Crown may pay—\nthe whole or part of damages, other than damages in the nature of punitive damages, and costs awarded against any police officer in proceedings with respect to a tort committed by the police officer acting, or purporting to act, in the execution of duty under this Act; and\nthe whole or part of costs incurred, and not recovered, by the police officer in the proceedings.\nIf any police officer is liable to pay a sum under a settlement of a claim that has, or might have, given rise to proceedings such as are referred to in subsection (1) , the Crown may pay the whole or part of the sum.\nExcept as provided by section 165 (6) , if the Crown has paid moneys by way of damages or costs in respect of a tort committed by any police officer or has paid moneys under a settlement referred to in subsection (2) , the Crown may recover, in a court of competent jurisdiction, contribution from the police officer in respect of that payment.\nIn proceedings for contribution under subsection (3) the amount of contribution recoverable is such amount as is found by the court to be just and equitable in the circumstances.\n(sec.166-ssec.1) The Crown may pay— the whole or part of damages, other than damages in the nature of punitive damages, and costs awarded against any police officer in proceedings with respect to a tort committed by the police officer acting, or purporting to act, in the execution of duty under this Act; and the whole or part of costs incurred, and not recovered, by the police officer in the proceedings.\n(sec.166-ssec.2) If any police officer is liable to pay a sum under a settlement of a claim that has, or might have, given rise to proceedings such as are referred to in subsection (1) , the Crown may pay the whole or part of the sum.\n(sec.166-ssec.3) Except as provided by section 165 (6) , if the Crown has paid moneys by way of damages or costs in respect of a tort committed by any police officer or has paid moneys under a settlement referred to in subsection (2) , the Crown may recover, in a court of competent jurisdiction, contribution from the police officer in respect of that payment.\n(sec.166-ssec.4) In proceedings for contribution under subsection (3) the amount of contribution recoverable is such amount as is found by the court to be just and equitable in the circumstances.\n- (a) the whole or part of damages, other than damages in the nature of punitive damages, and costs awarded against any police officer in proceedings with respect to a tort committed by the police officer acting, or purporting to act, in the execution of duty under this Act; and\n- (b) the whole or part of costs incurred, and not recovered, by the police officer in the proceedings.","sortOrder":303},{"sectionNumber":"sec.167","sectionType":"section","heading":"Provision of legal representation","content":"### sec.167 Provision of legal representation\n\nThe commissioner may provide legal representation on behalf of any police officer against whom any action, claim or demand or proceeding in respect of an offence is brought or made otherwise than by or on behalf of the Crown in any of its capacities on account of any action done or omission made by the police officer acting, or purporting to act, in the execution of duty under this Act.\nIf it is found, or conceded, in relation to any such action, claim, demand or proceeding that the police officer was not acting in the execution of duty in doing the action or making the omission on which the action, claim, demand or proceeding is based, the commissioner may recover from the police officer the amount of costs and expenses incurred by the commissioner in providing legal representation under subsection (1) in any court of competent jurisdiction as a debt due and payable by the police officer to the commissioner and unpaid.\n(sec.167-ssec.1) The commissioner may provide legal representation on behalf of any police officer against whom any action, claim or demand or proceeding in respect of an offence is brought or made otherwise than by or on behalf of the Crown in any of its capacities on account of any action done or omission made by the police officer acting, or purporting to act, in the execution of duty under this Act.\n(sec.167-ssec.2) If it is found, or conceded, in relation to any such action, claim, demand or proceeding that the police officer was not acting in the execution of duty in doing the action or making the omission on which the action, claim, demand or proceeding is based, the commissioner may recover from the police officer the amount of costs and expenses incurred by the commissioner in providing legal representation under subsection (1) in any court of competent jurisdiction as a debt due and payable by the police officer to the commissioner and unpaid.","sortOrder":304},{"sectionNumber":"sec.168","sectionType":"section","heading":"Landowner incurs no liability merely because permission given","content":"### sec.168 Landowner incurs no liability merely because permission given\n\nA landowner does not incur any liability merely because the landowner provides a person with written permission to shoot on the landowner’s land.\ns 168 ins 1996 No. 41 s 30","sortOrder":305},{"sectionNumber":"sec.168A","sectionType":"section","heading":"Particular landowners to keep permit register","content":"### sec.168A Particular landowners to keep permit register\n\nThis section applies to a landowner who, after the commencement of this section, provides written permission to shoot on the landowner’s rural land—\nto a person or body for a fee or reward; or\nto more than 50 persons or bodies.\nThe landowner must keep a register ( permit register ) stating—\nthe name and address of the person or body to whom permission was given; and\nthe date permission was given; and\nif the permission was limited by time—the day the permission ends.\nMaximum penalty—10 penalty units.\nThe landowner must keep the permit register while—\na permission under subsection (1) (a) remains current; or\nmore than 50 permissions under subsection (1) (b) remain current.\nMaximum penalty—10 penalty units.\nFor subsection (1) , permission given to a body allowing its members or members of another body affiliated with the body to shoot on the landowner’s rural land is taken to be a single permission.\ns 168A ins 1997 No. 48 s 45\n(sec.168A-ssec.1) This section applies to a landowner who, after the commencement of this section, provides written permission to shoot on the landowner’s rural land— to a person or body for a fee or reward; or to more than 50 persons or bodies.\n(sec.168A-ssec.2) The landowner must keep a register ( permit register ) stating— the name and address of the person or body to whom permission was given; and the date permission was given; and if the permission was limited by time—the day the permission ends. Maximum penalty—10 penalty units.\n(sec.168A-ssec.3) The landowner must keep the permit register while— a permission under subsection (1) (a) remains current; or more than 50 permissions under subsection (1) (b) remain current. Maximum penalty—10 penalty units.\n(sec.168A-ssec.4) For subsection (1) , permission given to a body allowing its members or members of another body affiliated with the body to shoot on the landowner’s rural land is taken to be a single permission.\n- (a) to a person or body for a fee or reward; or\n- (b) to more than 50 persons or bodies.\n- (a) the name and address of the person or body to whom permission was given; and\n- (b) the date permission was given; and\n- (c) if the permission was limited by time—the day the permission ends.\n- (a) a permission under subsection (1) (a) remains current; or\n- (b) more than 50 permissions under subsection (1) (b) remain current.","sortOrder":306},{"sectionNumber":"sec.168B","sectionType":"section","heading":"Amnesty for firearms and prescribed things in particular circumstances","content":"### sec.168B Amnesty for firearms and prescribed things in particular circumstances\n\nA person who unlawfully possesses a firearm or a prescribed thing can not be prosecuted for an offence against this Act for possession of the firearm or prescribed thing if—\nthe person is taking the firearm or prescribed thing directly to, or has the firearm or prescribed thing at—\nan approved licensed dealer for the purpose of the dealer disposing of or otherwise dealing with it; or\na police station for the purpose of surrendering it to a police officer; and\nthe person complies with any conditions prescribed by regulation for the taking of the firearm or prescribed thing to the approved licensed dealer or police station.\nSubsections (3) to (5) apply if the person—\ntakes the firearm or prescribed thing to an approved licensed dealer under subsection (1) (a) (i) ; and\ndoes not provide the approved licensed dealer with the particulars as required under section 73 (a) .\nSection 73 does not apply to the approved licensed dealer.\nUnless the approved licensed dealer has a reasonable excuse, the dealer must surrender the firearm or prescribed thing to a police officer if the dealer does not have an authorisation, mentioned in section 168D (2) , for the firearm or prescribed thing.\nMaximum penalty—10 penalty units.\nWithout limiting subsection (4) , it is a reasonable excuse for the approved licensed dealer not to surrender the firearm or prescribed thing if the dealer is seeking an authorisation, mentioned in section 168D (2) , for the firearm or prescribed thing.\nThe commissioner may approve a licensed dealer for this section.\nThe commissioner must publish the names of the approved licensed dealers on the QPS website.\nIn this section—\napproved licensed dealer means a licensed dealer approved by the commissioner under subsection (6) .\nprescribed thing means—\na magazine for a weapon; or\na category R weapon that is not a firearm; or\nanother thing prescribed by regulation.\ns 168B ins 2003 No. 5 s 19\namd 2007 No. 1 s 32 sch 2 ; 2012 No. 40 s 23\nsub 2020 No. 23 s 63\namd 2022 No. 4 s 36\n(sec.168B-ssec.1) A person who unlawfully possesses a firearm or a prescribed thing can not be prosecuted for an offence against this Act for possession of the firearm or prescribed thing if— the person is taking the firearm or prescribed thing directly to, or has the firearm or prescribed thing at— an approved licensed dealer for the purpose of the dealer disposing of or otherwise dealing with it; or a police station for the purpose of surrendering it to a police officer; and the person complies with any conditions prescribed by regulation for the taking of the firearm or prescribed thing to the approved licensed dealer or police station.\n(sec.168B-ssec.2) Subsections (3) to (5) apply if the person— takes the firearm or prescribed thing to an approved licensed dealer under subsection (1) (a) (i) ; and does not provide the approved licensed dealer with the particulars as required under section 73 (a) .\n(sec.168B-ssec.3) Section 73 does not apply to the approved licensed dealer.\n(sec.168B-ssec.4) Unless the approved licensed dealer has a reasonable excuse, the dealer must surrender the firearm or prescribed thing to a police officer if the dealer does not have an authorisation, mentioned in section 168D (2) , for the firearm or prescribed thing. Maximum penalty—10 penalty units.\n(sec.168B-ssec.5) Without limiting subsection (4) , it is a reasonable excuse for the approved licensed dealer not to surrender the firearm or prescribed thing if the dealer is seeking an authorisation, mentioned in section 168D (2) , for the firearm or prescribed thing.\n(sec.168B-ssec.6) The commissioner may approve a licensed dealer for this section.\n(sec.168B-ssec.7) The commissioner must publish the names of the approved licensed dealers on the QPS website.\n(sec.168B-ssec.8) In this section— approved licensed dealer means a licensed dealer approved by the commissioner under subsection (6) . prescribed thing means— a magazine for a weapon; or a category R weapon that is not a firearm; or another thing prescribed by regulation.\n- (a) the person is taking the firearm or prescribed thing directly to, or has the firearm or prescribed thing at— (i) an approved licensed dealer for the purpose of the dealer disposing of or otherwise dealing with it; or (ii) a police station for the purpose of surrendering it to a police officer; and\n- (i) an approved licensed dealer for the purpose of the dealer disposing of or otherwise dealing with it; or\n- (ii) a police station for the purpose of surrendering it to a police officer; and\n- (b) the person complies with any conditions prescribed by regulation for the taking of the firearm or prescribed thing to the approved licensed dealer or police station.\n- (i) an approved licensed dealer for the purpose of the dealer disposing of or otherwise dealing with it; or\n- (ii) a police station for the purpose of surrendering it to a police officer; and\n- (a) takes the firearm or prescribed thing to an approved licensed dealer under subsection (1) (a) (i) ; and\n- (b) does not provide the approved licensed dealer with the particulars as required under section 73 (a) .\n- (a) a magazine for a weapon; or\n- (b) a category R weapon that is not a firearm; or\n- (c) another thing prescribed by regulation.","sortOrder":307},{"sectionNumber":"sec.168C","sectionType":"section","heading":"Dealing with surrendered firearm or prescribed thing","content":"### sec.168C Dealing with surrendered firearm or prescribed thing\n\nThis section applies if a person surrenders a firearm or prescribed thing under section 168B (1) (a) (ii) or (4) .\nOn the surrender of the firearm or prescribed thing, the firearm or prescribed thing—\nbecomes the property of the State; and\nis taken, for the Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 , division 7 to have been forfeited to the State.\nIn this section—\nprescribed thing see section 168B (8) .\ns 168C ins 2003 No. 5 s 19\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2020 No. 23 s 64 ; 2022 No. 4 s 37\n(sec.168C-ssec.1) This section applies if a person surrenders a firearm or prescribed thing under section 168B (1) (a) (ii) or (4) .\n(sec.168C-ssec.2) On the surrender of the firearm or prescribed thing, the firearm or prescribed thing— becomes the property of the State; and is taken, for the Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 , division 7 to have been forfeited to the State.\n(sec.168C-ssec.3) In this section— prescribed thing see section 168B (8) .\n- (a) becomes the property of the State; and\n- (b) is taken, for the Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 , division 7 to have been forfeited to the State.","sortOrder":308},{"sectionNumber":"sec.168D","sectionType":"section","heading":"Authorisation to deal with surrendered firearm or prescribed thing","content":"### sec.168D Authorisation to deal with surrendered firearm or prescribed thing\n\nThis section applies if an approved licensed dealer acquires a firearm, or a prescribed thing, under section 168B (1) (a) (i) .\nAn authorised officer may, in writing, authorise the approved licensed dealer to dispose of, or otherwise deal with, the firearm or prescribed thing.\nOn the giving of the authorisation, the firearm or prescribed thing—\nbecomes the property of the approved licensed dealer; and\nmay be dealt with by the approved licensed dealer in a way that is—\nstated in the authorisation; and\nrequired or permitted under this Act or another Act.\nIn this section—\napproved licensed dealer see section 168B (8) .\nprescribed thing see section 168B (8) .\ns 168D ins 2022 No. 4 s 38\n(sec.168D-ssec.1) This section applies if an approved licensed dealer acquires a firearm, or a prescribed thing, under section 168B (1) (a) (i) .\n(sec.168D-ssec.2) An authorised officer may, in writing, authorise the approved licensed dealer to dispose of, or otherwise deal with, the firearm or prescribed thing.\n(sec.168D-ssec.3) On the giving of the authorisation, the firearm or prescribed thing— becomes the property of the approved licensed dealer; and may be dealt with by the approved licensed dealer in a way that is— stated in the authorisation; and required or permitted under this Act or another Act.\n(sec.168D-ssec.4) In this section— approved licensed dealer see section 168B (8) . prescribed thing see section 168B (8) .\n- (a) becomes the property of the approved licensed dealer; and\n- (b) may be dealt with by the approved licensed dealer in a way that is— (i) stated in the authorisation; and (ii) required or permitted under this Act or another Act.\n- (i) stated in the authorisation; and\n- (ii) required or permitted under this Act or another Act.\n- (i) stated in the authorisation; and\n- (ii) required or permitted under this Act or another Act.","sortOrder":309},{"sectionNumber":"sec.168E","sectionType":"section","heading":"Review of pt 5A","content":"### sec.168E Review of pt 5A\n\nThe Minister must arrange an independent interim review of the operation and effectiveness of part 5A as soon as practicable after the day that is 2 years after the day the part commences.\nAlso, the Minister must arrange a further independent review of the operation and effectiveness of part 5A as soon as practicable after the day that is 5 years after the day the part commences.\nThe terms of reference for each review must include reviewing—\nthe effectiveness of part 5A in achieving the purpose of the part and in preventing the acquisition, possession and use of firearms and firearm related items by persons subject to firearm prohibition orders; and\nthe effectiveness and appropriateness of part 5A compared to firearm prohibition order schemes in other jurisdictions; and\nthe effectiveness and appropriateness of the exercise of powers under part 5A , division 4 .\nAs soon as practicable after each review is finished, the Minister must table in the Legislative Assembly a copy of the review.\ns 168E ins 2024 No. 45 s 76\n(sec.168E-ssec.1) The Minister must arrange an independent interim review of the operation and effectiveness of part 5A as soon as practicable after the day that is 2 years after the day the part commences.\n(sec.168E-ssec.2) Also, the Minister must arrange a further independent review of the operation and effectiveness of part 5A as soon as practicable after the day that is 5 years after the day the part commences.\n(sec.168E-ssec.3) The terms of reference for each review must include reviewing— the effectiveness of part 5A in achieving the purpose of the part and in preventing the acquisition, possession and use of firearms and firearm related items by persons subject to firearm prohibition orders; and the effectiveness and appropriateness of part 5A compared to firearm prohibition order schemes in other jurisdictions; and the effectiveness and appropriateness of the exercise of powers under part 5A , division 4 .\n(sec.168E-ssec.4) As soon as practicable after each review is finished, the Minister must table in the Legislative Assembly a copy of the review.\n- (a) the effectiveness of part 5A in achieving the purpose of the part and in preventing the acquisition, possession and use of firearms and firearm related items by persons subject to firearm prohibition orders; and\n- (b) the effectiveness and appropriateness of part 5A compared to firearm prohibition order schemes in other jurisdictions; and\n- (c) the effectiveness and appropriateness of the exercise of powers under part 5A , division 4 .","sortOrder":310},{"sectionNumber":"sec.169","sectionType":"section","heading":"Fees and penalties","content":"### sec.169 Fees and penalties\n\nAll fees paid and all penalties recovered and costs incurred in relation to proceedings under this Act are to be paid and are hereby payable as prescribed by the regulations.","sortOrder":311},{"sectionNumber":"sec.170","sectionType":"section","heading":"Delegations","content":"### sec.170 Delegations\n\nThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified authorised officer.\nIn this section—\nan appropriately qualified authorised officer , to whom a power under this section may be delegated, means an authorised officer who has the necessary expertise or experience to exercise the power.\ns 170 ins 1996 No. 41 s 31\n(sec.170-ssec.1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified authorised officer.\n(sec.170-ssec.2) In this section— an appropriately qualified authorised officer , to whom a power under this section may be delegated, means an authorised officer who has the necessary expertise or experience to exercise the power.","sortOrder":312},{"sectionNumber":"sec.171","sectionType":"section","heading":"Approval of forms","content":"### sec.171 Approval of forms\n\nThe commissioner may approve forms for use under this Act.\ns 171 ins 1995 No. 58 s 4 sch 1","sortOrder":313},{"sectionNumber":"sec.172","sectionType":"section","heading":"Regulation-making power","content":"### sec.172 Regulation-making power\n\nThe Governor in Council may make regulations for the purposes of this Act.\nThe Governor in Council may make regulations with respect to the matters mentioned in schedule 1 .\nA regulation may provide for an offence punishable by a maximum penalty of 20 penalty units.\ns 172 sub 1994 No. 13 s 3 sch\namd 1996 No. 41 s 3 sch 1 ; 1997 No. 48 s 3 sch 2 ; 2003 No. 5 s 20 ; 2003 No. 37 s 75\n(sec.172-ssec.1) The Governor in Council may make regulations for the purposes of this Act.\n(sec.172-ssec.2) The Governor in Council may make regulations with respect to the matters mentioned in schedule 1 .\n(sec.172-ssec.3) A regulation may provide for an offence punishable by a maximum penalty of 20 penalty units.","sortOrder":314},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional and validation provisions","content":"# Transitional and validation provisions","sortOrder":315},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Transitional provision for Police Powers and Responsibilities and Another Act Amendment Act 2001","content":"## Transitional provision for Police Powers and Responsibilities and Another Act Amendment Act 2001","sortOrder":316},{"sectionNumber":"sec.173","sectionType":"section","heading":"Transitional provision for Police Powers and Responsibilities and Another Act Amendment Act 2001","content":"### sec.173 Transitional provision for Police Powers and Responsibilities and Another Act Amendment Act 2001\n\nThis section applies to a person who, immediately before the commencement of this section, possesses a category H weapon that is permanently inoperable.\nThe person may continue to possess the category H weapon without a licence until whichever of the following happens first—\nthe person obtains a collector’s licence for the weapon;\nthe end of 3 months after the commencement of this section.\ns 173 prev s 173 ins 1996 No. 41 s 32\namd 1997 No. 48 s 46\nexp 30 September 1998 (see s 180)\npres s 173 ins 2001 No. 22 s 12\n(sec.173-ssec.1) This section applies to a person who, immediately before the commencement of this section, possesses a category H weapon that is permanently inoperable.\n(sec.173-ssec.2) The person may continue to possess the category H weapon without a licence until whichever of the following happens first— the person obtains a collector’s licence for the weapon; the end of 3 months after the commencement of this section.\n- (a) the person obtains a collector’s licence for the weapon;\n- (b) the end of 3 months after the commencement of this section.","sortOrder":317},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provisions for Weapons (Handguns and Trafficking) Amendment Act 2003","content":"## Transitional provisions for Weapons (Handguns and Trafficking) Amendment Act 2003","sortOrder":318},{"sectionNumber":"sec.174","sectionType":"section","heading":"Definitions for div 2","content":"### sec.174 Definitions for div 2\n\nIn this division—\namnesty period means the period declared under section 168B as the amnesty period for this division.\npart of a prohibited handgun means a thing prescribed under a regulation that relates to a prohibited handgun.\nprohibited handgun means a category H weapon that the holder of a concealable firearms licence must not possess under section 132.\ns 174 prev s 174 ins 1996 No. 41 s 32\namd 1997 No. 48 s 47\nexp 31 March 1998 (see s 174(5))\npres s 174 ins 2003 No. 37 s 76 (2)","sortOrder":319},{"sectionNumber":"sec.175","sectionType":"section","heading":"Compensation—prohibited handguns and parts of prohibited handguns","content":"### sec.175 Compensation—prohibited handguns and parts of prohibited handguns\n\nCompensation for prohibited handguns, and parts of prohibited handguns, surrendered to the commissioner during the amnesty period is payable only to the following persons—\na licensed dealer or licensed armourer;\na holder of a concealable firearms licence whose reason for possessing a prohibited handgun is sports or target shooting.\nHowever, compensation is payable only for prohibited handguns and parts of prohibited handguns for which the State may receive reimbursement under an agreement with the Commonwealth providing for compensation for the purposes of this division.\nCompensation is payable for a prohibited handgun, or part of a prohibited handgun, only if it is—\nmanufactured on or before 20 December 2002; and\nsurrendered before or on the last day of the amnesty period.\nCompensation for a surrendered prohibited handgun or part of a prohibited handgun—\nis payable in an amount and in the way provided for under a regulation; and\nis not payable other than under this section.\nIf a regulation does not provide for the amount of compensation payable for a particular prohibited handgun or part of a prohibited handgun, the regulation may provide for the way in which a dispute about its value is to be decided.\nThe commissioner may refuse to compensate a person for part of a prohibited handgun that is surrendered if the commissioner reasonably believes that the person has manufactured or imported the part for the purpose, or predominantly for the purpose, of applying for compensation under this section and not for genuine commercial sale.\nFor subsection (6), the following are relevant matters in forming the belief—\nthe commercial demand for the part;\nthe quality of the part;\nthe number of parts surrendered;\nwhen the part was manufactured or imported.\nA regulation may provide that compensation under this section is payable only if conditions provided for under the regulation are complied with.\nA thing surrendered under this section is State property when compensation for the thing is paid under this section.\ns 175 prev s 175 ins 1996 No. 41 s 32\nexp 30 September 1998 (see s 180)\npres s 175 ins 2003 No. 37 s 76 (2)\n(sec.175-ssec.1) Compensation for prohibited handguns, and parts of prohibited handguns, surrendered to the commissioner during the amnesty period is payable only to the following persons— a licensed dealer or licensed armourer; a holder of a concealable firearms licence whose reason for possessing a prohibited handgun is sports or target shooting.\n(sec.175-ssec.2) However, compensation is payable only for prohibited handguns and parts of prohibited handguns for which the State may receive reimbursement under an agreement with the Commonwealth providing for compensation for the purposes of this division.\n(sec.175-ssec.3) Compensation is payable for a prohibited handgun, or part of a prohibited handgun, only if it is— manufactured on or before 20 December 2002; and surrendered before or on the last day of the amnesty period.\n(sec.175-ssec.4) Compensation for a surrendered prohibited handgun or part of a prohibited handgun— is payable in an amount and in the way provided for under a regulation; and is not payable other than under this section.\n(sec.175-ssec.5) If a regulation does not provide for the amount of compensation payable for a particular prohibited handgun or part of a prohibited handgun, the regulation may provide for the way in which a dispute about its value is to be decided.\n(sec.175-ssec.6) The commissioner may refuse to compensate a person for part of a prohibited handgun that is surrendered if the commissioner reasonably believes that the person has manufactured or imported the part for the purpose, or predominantly for the purpose, of applying for compensation under this section and not for genuine commercial sale.\n(sec.175-ssec.7) For subsection (6), the following are relevant matters in forming the belief— the commercial demand for the part; the quality of the part; the number of parts surrendered; when the part was manufactured or imported.\n(sec.175-ssec.8) A regulation may provide that compensation under this section is payable only if conditions provided for under the regulation are complied with.\n(sec.175-ssec.9) A thing surrendered under this section is State property when compensation for the thing is paid under this section.\n- (a) a licensed dealer or licensed armourer;\n- (b) a holder of a concealable firearms licence whose reason for possessing a prohibited handgun is sports or target shooting.\n- (a) manufactured on or before 20 December 2002; and\n- (b) surrendered before or on the last day of the amnesty period.\n- (a) is payable in an amount and in the way provided for under a regulation; and\n- (b) is not payable other than under this section.\n- (a) the commercial demand for the part;\n- (b) the quality of the part;\n- (c) the number of parts surrendered;\n- (d) when the part was manufactured or imported.","sortOrder":320},{"sectionNumber":"sec.176","sectionType":"section","heading":"Compensation—other handguns and related matters","content":"### sec.176 Compensation—other handguns and related matters\n\nA regulation may provide for compensation for the surrender during the amnesty period of category H weapons, other than prohibited handguns for which compensation is payable under section 175, and other things or matters related to category H weapons.\nA regulation may provide that compensation under subsection (1) is payable only if conditions provided for under the regulation are complied with.\nA thing surrendered under this section is State property when compensation for the thing is paid under this section.\ns 176 prev s 176 ins 1996 No. 41 s 32\nexp 30 September 1998 (see s 180)\npres s 176 ins 2003 No. 37 s 76 (2)\n(sec.176-ssec.1) A regulation may provide for compensation for the surrender during the amnesty period of category H weapons, other than prohibited handguns for which compensation is payable under section 175, and other things or matters related to category H weapons.\n(sec.176-ssec.2) A regulation may provide that compensation under subsection (1) is payable only if conditions provided for under the regulation are complied with.\n(sec.176-ssec.3) A thing surrendered under this section is State property when compensation for the thing is paid under this section.","sortOrder":321},{"sectionNumber":"sec.177","sectionType":"section","heading":"Possession of prohibited handguns during amnesty period","content":"### sec.177 Possession of prohibited handguns during amnesty period\n\nA person who, immediately before the commencement of this section, was in lawful possession of a prohibited handgun does not contravene the condition mentioned in section 132(1) if the person is in possession of the prohibited handgun during the amnesty period.\nA person in lawful possession of a prohibited handgun under an existing licence must not use the weapon after the commencement of this section unless—\nthe person is authorised to possess the weapon under section 132(2); or\nthe person’s genuine reason for possessing the weapon includes an occupational requirement for rural purposes.\nMaximum penalty for subsection (2)—20 penalty units.\ns 177 prev s 177 ins 1996 No. 41 s 32\nexp 30 September 1998 (see s 180)\npres s 177 ins 2003 No. 37 s 76 (2)\n(sec.177-ssec.1) A person who, immediately before the commencement of this section, was in lawful possession of a prohibited handgun does not contravene the condition mentioned in section 132(1) if the person is in possession of the prohibited handgun during the amnesty period.\n(sec.177-ssec.2) A person in lawful possession of a prohibited handgun under an existing licence must not use the weapon after the commencement of this section unless— the person is authorised to possess the weapon under section 132(2); or the person’s genuine reason for possessing the weapon includes an occupational requirement for rural purposes. Maximum penalty for subsection (2)—20 penalty units.\n- (a) the person is authorised to possess the weapon under section 132(2); or\n- (b) the person’s genuine reason for possessing the weapon includes an occupational requirement for rural purposes.","sortOrder":322},{"sectionNumber":"sec.178","sectionType":"section","heading":"Licensed collectors","content":"### sec.178 Licensed collectors\n\nThis section applies to a person who—\nimmediately before the commencement of this section, is the holder of a collector’s licence (weapons); and\nlawfully possesses 1 or more temporarily inoperable modern handguns under that licence.\nThe person does not contravene the condition mentioned in section 138(2) only because the person is in possession of a temporarily inoperable modern handgun during the amnesty period.\nHowever before the end of the amnesty period, the person must—\nlawfully dispose of all temporarily inoperable modern handguns that the person possesses; or\napply for an endorsement on the licence of the type mentioned in section 138(4); or\notherwise apply for a licence, other than a collector’s licence (weapons) that, if granted, would authorise the person to possess the temporarily inoperable modern handguns; or\nmake the temporarily inoperable modern handguns permanently inoperable.\nAt the end of the amnesty period, neither this section nor the person’s licence authorises the person to possess a temporarily inoperable modern handgun if—\nthe person has not complied with subsection (3) before the end of the amnesty period; or\nthe person applied for an endorsement on the licence of the type mentioned in section 138(4), or for another type of licence, but the application was refused.\nIf the person applied for an endorsement on the licence of the type mentioned in section 138(4), or for another type of licence, and the application was not granted or refused before the end of the amnesty period, the person does not contravene the condition mentioned in section 138(2) if—\nthe person is in possession of a temporarily inoperable modern handgun until 7 days after the person is given notice that the application is refused; and\nbefore the end of the 7 days mentioned in paragraph (a), the person lawfully disposes of the modern handgun.\ns 178 prev s 178 ins 1996 No. 41 s 32\nexp 30 September 1998 (see s 180)\npres s 178 ins 2003 No. 37 s 76 (2)\n(sec.178-ssec.1) This section applies to a person who— immediately before the commencement of this section, is the holder of a collector’s licence (weapons); and lawfully possesses 1 or more temporarily inoperable modern handguns under that licence.\n(sec.178-ssec.2) The person does not contravene the condition mentioned in section 138(2) only because the person is in possession of a temporarily inoperable modern handgun during the amnesty period.\n(sec.178-ssec.3) However before the end of the amnesty period, the person must— lawfully dispose of all temporarily inoperable modern handguns that the person possesses; or apply for an endorsement on the licence of the type mentioned in section 138(4); or otherwise apply for a licence, other than a collector’s licence (weapons) that, if granted, would authorise the person to possess the temporarily inoperable modern handguns; or make the temporarily inoperable modern handguns permanently inoperable.\n(sec.178-ssec.4) At the end of the amnesty period, neither this section nor the person’s licence authorises the person to possess a temporarily inoperable modern handgun if— the person has not complied with subsection (3) before the end of the amnesty period; or the person applied for an endorsement on the licence of the type mentioned in section 138(4), or for another type of licence, but the application was refused.\n(sec.178-ssec.5) If the person applied for an endorsement on the licence of the type mentioned in section 138(4), or for another type of licence, and the application was not granted or refused before the end of the amnesty period, the person does not contravene the condition mentioned in section 138(2) if— the person is in possession of a temporarily inoperable modern handgun until 7 days after the person is given notice that the application is refused; and before the end of the 7 days mentioned in paragraph (a), the person lawfully disposes of the modern handgun.\n- (a) immediately before the commencement of this section, is the holder of a collector’s licence (weapons); and\n- (b) lawfully possesses 1 or more temporarily inoperable modern handguns under that licence.\n- (a) lawfully dispose of all temporarily inoperable modern handguns that the person possesses; or\n- (b) apply for an endorsement on the licence of the type mentioned in section 138(4); or\n- (c) otherwise apply for a licence, other than a collector’s licence (weapons) that, if granted, would authorise the person to possess the temporarily inoperable modern handguns; or\n- (d) make the temporarily inoperable modern handguns permanently inoperable.\n- (a) the person has not complied with subsection (3) before the end of the amnesty period; or\n- (b) the person applied for an endorsement on the licence of the type mentioned in section 138(4), or for another type of licence, but the application was refused.\n- (a) the person is in possession of a temporarily inoperable modern handgun until 7 days after the person is given notice that the application is refused; and\n- (b) before the end of the 7 days mentioned in paragraph (a), the person lawfully disposes of the modern handgun.","sortOrder":323},{"sectionNumber":"sec.179","sectionType":"section","heading":"Participation records for s 18B","content":"### sec.179 Participation records for s 18B\n\nThe requirement to produce a participation record under section 18B(4)(b) does not apply to an application for renewal of a concealable firearms licence made before 1 January 2004.\ns 179 prev s 179 ins 1996 No. 41 s 32\namd 1997 No. 48 s 48 ; 1998 No. 19 s 44\nexp 30 September 1998 (see s 180)\npres s 179 ins 2003 No. 37 s 76 (2)","sortOrder":324},{"sectionNumber":"sec.180","sectionType":"section","heading":"Joinder of charges","content":"### sec.180 Joinder of charges\n\nSection 161B applies only in relation to contraventions occurring after the commencement of the section.\ns 180 prev s 180 ins 1996 No. 41 s 32\namd 1997 No. 48 s 49\nexp 30 September 1998 (see s 180)\npres s 180 ins 2003 No. 37 s 76 (2)","sortOrder":325},{"sectionNumber":"sec.181","sectionType":"section","heading":null,"content":"### Section sec.181\n\ns 181 ins 2003 No. 37 s 76 (2)\nexp 1 July 2004 (see s 181(4))","sortOrder":326},{"sectionNumber":"sec.182","sectionType":"section","heading":null,"content":"### Section sec.182\n\ns 182 ins 2003 No. 37 s 76 (2)\nom 2013 No. 39 s 109 sch 2","sortOrder":327},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2003","content":"## Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2003","sortOrder":328},{"sectionNumber":"sec.183","sectionType":"section","heading":"Transitional provision about authorised officers powers","content":"### sec.183 Transitional provision about authorised officers powers\n\nIt is declared that an authorised officer has, and always has had, power to impose a condition on a licence issued under this Act that restricts, or has the effect of restricting, the possession or use of a weapon to a registered weapon of a particular category.\ns 183 ins 2003 No. 92 s 63","sortOrder":329},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 ins 2003 No. 92 s 63\namd 2007 No. 36 s 2 sch\nom 2013 No. 39 s 109 sch 2","sortOrder":330},{"sectionNumber":"sec.185","sectionType":"section","heading":"Declaration relating to s 33(3)(a)","content":"### sec.185 Declaration relating to s 33(3)(a)\n\nIt is declared that, on the commencement of the Police Powers and Responsibilities and Other Legislation Amendment Act 2003 , section 67 , section 33 (3) (a) of this Act, as in force from that commencement to the commencement of this section, is taken to be, and during that period to have always been, in the same terms as it is after the commencement of this section.\ns 185 ins 2005 No. 17 s 43","sortOrder":331},{"sectionNumber":"sec.186","sectionType":"section","heading":"Transitional provision about category M crossbows","content":"### sec.186 Transitional provision about category M crossbows\n\nA person who applies for a licence for a category M crossbow in the person’s lawful possession immediately before the crossbow commencement day is taken to have adequate knowledge of safety practices for the use, storage and maintenance of the weapon.\nIn subsection (1)—\ncrossbow commencement day means the day the Police Powers and Responsibilities and Other Legislation Amendment Act 2003 , part 13 , division 3 commences.\ns 186 prev s 186 ins 2003 No. 92 s 77\nexp 1 November 2005 (see s 186(4))\npres s 186 (prev s 185) ins 2003 No. 92 s 77\nrenum 2006 No. 26 s 119 sch 2\n(sec.186-ssec.1) A person who applies for a licence for a category M crossbow in the person’s lawful possession immediately before the crossbow commencement day is taken to have adequate knowledge of safety practices for the use, storage and maintenance of the weapon.\n(sec.186-ssec.2) In subsection (1)— crossbow commencement day means the day the Police Powers and Responsibilities and Other Legislation Amendment Act 2003 , part 13 , division 3 commences.","sortOrder":332},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Transitional provisions for Weapons Amendment Act 2011","content":"## Transitional provisions for Weapons Amendment Act 2011","sortOrder":333},{"sectionNumber":"sec.187","sectionType":"section","heading":"Definition for div 4","content":"### sec.187 Definition for div 4\n\nIn this division—\ncommencement means the commencement of this section.\ns 187 ins 2011 No. 37 s 28","sortOrder":334},{"sectionNumber":"sec.188","sectionType":"section","heading":"Declaration concerning Serco during interim period","content":"### sec.188 Declaration concerning Serco during interim period\n\nDuring the interim period—\nSerco is taken to have been a government service entity and a prescribed service entity under section 2(9); and\nfor section 2(2), the functions of Serco are taken to have been the functions that Serco is authorised, by the chief executive (corrective services), to perform under the Corrective Services Act 2006 , section 272; and\nfor section 2(2), the functions of a Serco employee are taken to have been the functions of a corrective services officer that the employee performs for Serco when Serco is performing the functions mentioned in paragraph (b).\nIn this section—\ninterim period means the period starting on 1 January 2008 and ending on the commencement.\nSerco means Serco Australia Pty Ltd ABN 44 003 677 352.\ns 188 ins 2011 No. 37 s 28\n(sec.188-ssec.1) During the interim period— Serco is taken to have been a government service entity and a prescribed service entity under section 2(9); and for section 2(2), the functions of Serco are taken to have been the functions that Serco is authorised, by the chief executive (corrective services), to perform under the Corrective Services Act 2006 , section 272; and for section 2(2), the functions of a Serco employee are taken to have been the functions of a corrective services officer that the employee performs for Serco when Serco is performing the functions mentioned in paragraph (b).\n(sec.188-ssec.2) In this section— interim period means the period starting on 1 January 2008 and ending on the commencement. Serco means Serco Australia Pty Ltd ABN 44 003 677 352.\n- (a) Serco is taken to have been a government service entity and a prescribed service entity under section 2(9); and\n- (b) for section 2(2), the functions of Serco are taken to have been the functions that Serco is authorised, by the chief executive (corrective services), to perform under the Corrective Services Act 2006 , section 272; and\n- (c) for section 2(2), the functions of a Serco employee are taken to have been the functions of a corrective services officer that the employee performs for Serco when Serco is performing the functions mentioned in paragraph (b).","sortOrder":335},{"sectionNumber":"sec.189","sectionType":"section","heading":"Declaration concerning GEO during interim period","content":"### sec.189 Declaration concerning GEO during interim period\n\nDuring the interim period—\nGEO is taken to have been a government service entity and a prescribed service entity under section 2(9); and\nfor section 2(2), the functions of GEO are taken to have been—\nto conduct the part of the operations of the Queensland Corrective Services Commission that GEO is engaged to conduct under the Corrective Services (Administration) Act 1988 , section 19(2)(f); or\nthe functions that GEO is authorised, by the chief executive (corrective services), to perform under the Corrective Services Act 2006 , section 272; and\nfor section 2(2), the functions of a GEO employee are taken to have been—\nthe functions of a custodial correctional officer the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(i); or\nthe functions of a corrective services officer that the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(ii).\nIn this section—\nGEO means GEO Group Australia Pty Ltd ABN 24 051 130 600.\ninterim period means the period starting on 15 January 2004 and ending on the commencement.\ns 189 ins 2011 No. 37 s 28\n(sec.189-ssec.1) During the interim period— GEO is taken to have been a government service entity and a prescribed service entity under section 2(9); and for section 2(2), the functions of GEO are taken to have been— to conduct the part of the operations of the Queensland Corrective Services Commission that GEO is engaged to conduct under the Corrective Services (Administration) Act 1988 , section 19(2)(f); or the functions that GEO is authorised, by the chief executive (corrective services), to perform under the Corrective Services Act 2006 , section 272; and for section 2(2), the functions of a GEO employee are taken to have been— the functions of a custodial correctional officer the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(i); or the functions of a corrective services officer that the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(ii).\n(sec.189-ssec.2) In this section— GEO means GEO Group Australia Pty Ltd ABN 24 051 130 600. interim period means the period starting on 15 January 2004 and ending on the commencement.\n- (a) GEO is taken to have been a government service entity and a prescribed service entity under section 2(9); and\n- (b) for section 2(2), the functions of GEO are taken to have been— (i) to conduct the part of the operations of the Queensland Corrective Services Commission that GEO is engaged to conduct under the Corrective Services (Administration) Act 1988 , section 19(2)(f); or (ii) the functions that GEO is authorised, by the chief executive (corrective services), to perform under the Corrective Services Act 2006 , section 272; and\n- (i) to conduct the part of the operations of the Queensland Corrective Services Commission that GEO is engaged to conduct under the Corrective Services (Administration) Act 1988 , section 19(2)(f); or\n- (ii) the functions that GEO is authorised, by the chief executive (corrective services), to perform under the Corrective Services Act 2006 , section 272; and\n- (c) for section 2(2), the functions of a GEO employee are taken to have been— (i) the functions of a custodial correctional officer the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(i); or (ii) the functions of a corrective services officer that the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(ii).\n- (i) the functions of a custodial correctional officer the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(i); or\n- (ii) the functions of a corrective services officer that the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(ii).\n- (i) to conduct the part of the operations of the Queensland Corrective Services Commission that GEO is engaged to conduct under the Corrective Services (Administration) Act 1988 , section 19(2)(f); or\n- (ii) the functions that GEO is authorised, by the chief executive (corrective services), to perform under the Corrective Services Act 2006 , section 272; and\n- (i) the functions of a custodial correctional officer the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(i); or\n- (ii) the functions of a corrective services officer that the employee performs for GEO when GEO is performing the prescribed functions mentioned in paragraph (b)(ii).","sortOrder":336},{"sectionNumber":"sec.190","sectionType":"section","heading":"Training courses","content":"### sec.190 Training courses\n\nIf, immediately before the commencement, an approval of a training course was in force under former section 10A(2)(b), the approval continues in force as if it had been made under section 10AA(1).\nIf, immediately before the commencement, an approval of a training course was in force under former section 124, the approval continues in force as if it had been made under section 10AA(2).\nAs soon as practicable after the commencement, the commissioner must notify each course approved under this section on the QPS website.\nAn approval under this section may be ended by the commissioner under section 10AA.\nIn this section—\nformer means as in force before the commencement.\ns 190 ins 2011 No. 37 s 28\n(sec.190-ssec.1) If, immediately before the commencement, an approval of a training course was in force under former section 10A(2)(b), the approval continues in force as if it had been made under section 10AA(1).\n(sec.190-ssec.2) If, immediately before the commencement, an approval of a training course was in force under former section 124, the approval continues in force as if it had been made under section 10AA(2).\n(sec.190-ssec.3) As soon as practicable after the commencement, the commissioner must notify each course approved under this section on the QPS website.\n(sec.190-ssec.4) An approval under this section may be ended by the commissioner under section 10AA.\n(sec.190-ssec.5) In this section— former means as in force before the commencement.","sortOrder":337},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013","content":"## Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013","sortOrder":338},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 prev s 191 ins 2011 No. 37 s 28\nom 2013 No. 39 s 109 sch 2\npres s 191 ins 2013 No. 64 s 229\nom 2016 No. 62 s 486","sortOrder":339},{"sectionNumber":"pt.8-div.6","sectionType":"division","heading":"Transitional provision for Counter-Terrorism and Other Legislation Amendment Act 2015","content":"## Transitional provision for Counter-Terrorism and Other Legislation Amendment Act 2015","sortOrder":340},{"sectionNumber":"sec.192","sectionType":"section","heading":"Declaration about officers of Customs during interim period","content":"### sec.192 Declaration about officers of Customs during interim period\n\nThis section applies to a person who was an officer of Customs in the Australian Border Force during the interim period or a part of the interim period.\nThis Act is taken not to have applied to the person in relation to the person’s possession or use of a weapon when performing the duties of an officer during the interim period or the part of the interim period.\nIn this section—\nAustralian Border Force see the Australian Border Force Act 2015 (Cwlth), section 4(1).\ninterim period means the period starting on 1 July 2015 and ending on the commencement.\nofficer of Customs see the Customs Act 1901 (Cwlth), section 4(1).\ns 192 ins 2015 No. 27 s 17\n(sec.192-ssec.1) This section applies to a person who was an officer of Customs in the Australian Border Force during the interim period or a part of the interim period.\n(sec.192-ssec.2) This Act is taken not to have applied to the person in relation to the person’s possession or use of a weapon when performing the duties of an officer during the interim period or the part of the interim period.\n(sec.192-ssec.3) In this section— Australian Border Force see the Australian Border Force Act 2015 (Cwlth), section 4(1). interim period means the period starting on 1 July 2015 and ending on the commencement. officer of Customs see the Customs Act 1901 (Cwlth), section 4(1).","sortOrder":341},{"sectionNumber":"pt.8-div.7","sectionType":"division","heading":"Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","content":"## Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","sortOrder":342},{"sectionNumber":"sec.193","sectionType":"section","heading":"Applications not finally decided","content":"### sec.193 Applications not finally decided\n\nThis section applies if, immediately before the commencement, an authorised officer had not finally decided an application for the grant or renewal of an authority.\nThe authorised officer must decide the application under this Act as in force after the commencement.\nIn this section—\nauthority means—\na licence; or\na permit to acquire; or\na shooting club permit; or\nan approval to conduct an arms fair under section 79(2); or\nan approval of a range under section 101(1); or\nan approval of a shooting gallery under section 111; or\nany other type of approval, licence or permit granted or renewed by an authorised officer under this Act.\ns 193 ins 2016 No. 62 s 487\n(sec.193-ssec.1) This section applies if, immediately before the commencement, an authorised officer had not finally decided an application for the grant or renewal of an authority.\n(sec.193-ssec.2) The authorised officer must decide the application under this Act as in force after the commencement.\n(sec.193-ssec.3) In this section— authority means— a licence; or a permit to acquire; or a shooting club permit; or an approval to conduct an arms fair under section 79(2); or an approval of a range under section 101(1); or an approval of a shooting gallery under section 111; or any other type of approval, licence or permit granted or renewed by an authorised officer under this Act.\n- (a) a licence; or\n- (b) a permit to acquire; or\n- (c) a shooting club permit; or\n- (d) an approval to conduct an arms fair under section 79(2); or\n- (e) an approval of a range under section 101(1); or\n- (f) an approval of a shooting gallery under section 111; or\n- (g) any other type of approval, licence or permit granted or renewed by an authorised officer under this Act.","sortOrder":343},{"sectionNumber":"sec.194","sectionType":"section","heading":"Proceedings not finally decided","content":"### sec.194 Proceedings not finally decided\n\nThis section applies if immediately before the commencement the following proceedings had been started but not finally dealt with—\na proceeding before QCAT for a review of a decision mentioned in repealed section 143(1);\na proceeding before the Supreme Court about a decision mentioned in repealed section 143(1).\nThe proceeding is discontinued and the matter is remitted to an authorised officer for the authorised officer to decide again under this Act as in force after the commencement.\nQCAT or the Supreme Court must return to the commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.\nFor subsection (1), a proceeding had not been finally dealt with if—\nQCAT or the Supreme Court had not made a decision; or\nQCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or\nQCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.\nIn this section—\ncriminal intelligence means criminal intelligence within the meaning of repealed 143(6).\nrepealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\ns 194 ins 2016 No. 62 s 487\n(sec.194-ssec.1) This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with— a proceeding before QCAT for a review of a decision mentioned in repealed section 143(1); a proceeding before the Supreme Court about a decision mentioned in repealed section 143(1).\n(sec.194-ssec.2) The proceeding is discontinued and the matter is remitted to an authorised officer for the authorised officer to decide again under this Act as in force after the commencement.\n(sec.194-ssec.3) QCAT or the Supreme Court must return to the commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.\n(sec.194-ssec.4) For subsection (1), a proceeding had not been finally dealt with if— QCAT or the Supreme Court had not made a decision; or QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.\n(sec.194-ssec.5) In this section— criminal intelligence means criminal intelligence within the meaning of repealed 143(6). repealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\n- (a) a proceeding before QCAT for a review of a decision mentioned in repealed section 143(1);\n- (b) a proceeding before the Supreme Court about a decision mentioned in repealed section 143(1).\n- (a) QCAT or the Supreme Court had not made a decision; or\n- (b) QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or\n- (c) QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.","sortOrder":344},{"sectionNumber":"pt.8-div.8","sectionType":"division","heading":"Validation provision for Police Service Administration and Other Legislation Amendment Act 2023","content":"## Validation provision for Police Service Administration and Other Legislation Amendment Act 2023","sortOrder":345},{"sectionNumber":"sec.195","sectionType":"section","heading":"Validation of particular decisions under pt 2 or pt 3 , div 3","content":"### sec.195 Validation of particular decisions under pt 2 or pt 3 , div 3\n\nThis section applies in relation to a relevant approval purported to have been given by a person before the commencement if, when the approval was given, the person—\nwas a police officer or staff member of the police service under the Police Service Administration Act 1990 ; and\nwas not an authorised officer.\nThe licence or permit to acquire to which the relevant approval relates is not invalid merely because the person was not an authorised officer when the approval was given.\nIn this section—\nrelevant approval means an approval of an application for a licence, renewal of a licence or permit to acquire given under section 15 , 18 or 42 .\ns 195 ins 2023 No. 7 s 67\n(sec.195-ssec.1) This section applies in relation to a relevant approval purported to have been given by a person before the commencement if, when the approval was given, the person— was a police officer or staff member of the police service under the Police Service Administration Act 1990 ; and was not an authorised officer.\n(sec.195-ssec.2) The licence or permit to acquire to which the relevant approval relates is not invalid merely because the person was not an authorised officer when the approval was given.\n(sec.195-ssec.3) In this section— relevant approval means an approval of an application for a licence, renewal of a licence or permit to acquire given under section 15 , 18 or 42 .\n- (a) was a police officer or staff member of the police service under the Police Service Administration Act 1990 ; and\n- (b) was not an authorised officer.","sortOrder":346},{"sectionNumber":"pt.8-div.9","sectionType":"division","heading":"Transitional provisions for Queensland Community Safety Act 2024","content":"## Transitional provisions for Queensland Community Safety Act 2024","sortOrder":347},{"sectionNumber":"sec.196","sectionType":"section","heading":"Definition for division","content":"### sec.196 Definition for division\n\nIn this division—\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 196 ins 2024 No. 45 s 77","sortOrder":348},{"sectionNumber":"sec.197","sectionType":"section","heading":"Existing applications relating to licences","content":"### sec.197 Existing applications relating to licences\n\nThis section applies to an application made, but not decided, under former part 2 before the commencement.\nThe application is taken to be an application under new part 2.\nAnything done in relation to the application under the Act before the commencement is taken to have been done in relation to the application under the Act as in force from the commencement.\nIn this section—\nformer part 2 means part 2 as in force from time to time before the commencement.\ns 197 ins 2024 No. 45 s 77\n(sec.197-ssec.1) This section applies to an application made, but not decided, under former part 2 before the commencement.\n(sec.197-ssec.2) The application is taken to be an application under new part 2.\n(sec.197-ssec.3) Anything done in relation to the application under the Act before the commencement is taken to have been done in relation to the application under the Act as in force from the commencement.\n(sec.197-ssec.4) In this section— former part 2 means part 2 as in force from time to time before the commencement.","sortOrder":349},{"sectionNumber":"sec.198","sectionType":"section","heading":"Existing reviews of decisions","content":"### sec.198 Existing reviews of decisions\n\nThis section applies if—\nbefore the commencement, a person applied for a review of a decision in relation to a licence under section 142(1)(a), (aa) or (e); and\nimmediately before the commencement, the review had not been decided.\nIn hearing or deciding the review, or any proceeding relating to the review, this Act as in force from the commencement applies.\ns 198 ins 2024 No. 45 s 77\n(sec.198-ssec.1) This section applies if— before the commencement, a person applied for a review of a decision in relation to a licence under section 142(1)(a), (aa) or (e); and immediately before the commencement, the review had not been decided.\n(sec.198-ssec.2) In hearing or deciding the review, or any proceeding relating to the review, this Act as in force from the commencement applies.\n- (a) before the commencement, a person applied for a review of a decision in relation to a licence under section 142(1)(a), (aa) or (e); and\n- (b) immediately before the commencement, the review had not been decided.","sortOrder":350},{"sectionNumber":"sec.199","sectionType":"section","heading":"Advising of particular events happening before commencement","content":"### sec.199 Advising of particular events happening before commencement\n\nThis section applies in relation to a licence in effect immediately before the commencement if—\non the commencement, the licensee or the licensee’s representative is a disqualified person; or\nwithin 10 years before the day this section commences, the licensee or the licensee’s representative—\nhas been convicted of a class A serious offence or a class B serious offence; or\nhas been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or\nhas been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence; or\nbefore the commencement, the licensee or the licensee’s representative was charged with a serious offence and the charge has not been dealt with.\nNew section 24 applies in relation to the licensee as if—\nthe licensee or the licensee’s representative being a disqualified person, or the happening of an event mentioned in subsection (1)(b) or (c), were a change under new section 24; and\na reference in new section 24(1) to within 14 days of the happening of an event mentioned in section 24(2) were a reference to within 90 days after the day this section commences.\nSee section 34 for the offence of contravening of a licence condition.\nFor subsection (1), it is irrelevant whether or not the conviction is a spent conviction, provided the conviction is recorded.\ns 199 ins 2024 No. 45 s 77\n(sec.199-ssec.1) This section applies in relation to a licence in effect immediately before the commencement if— on the commencement, the licensee or the licensee’s representative is a disqualified person; or within 10 years before the day this section commences, the licensee or the licensee’s representative— has been convicted of a class A serious offence or a class B serious offence; or has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence; or before the commencement, the licensee or the licensee’s representative was charged with a serious offence and the charge has not been dealt with.\n(sec.199-ssec.2) New section 24 applies in relation to the licensee as if— the licensee or the licensee’s representative being a disqualified person, or the happening of an event mentioned in subsection (1)(b) or (c), were a change under new section 24; and a reference in new section 24(1) to within 14 days of the happening of an event mentioned in section 24(2) were a reference to within 90 days after the day this section commences. See section 34 for the offence of contravening of a licence condition.\n(sec.199-ssec.3) For subsection (1), it is irrelevant whether or not the conviction is a spent conviction, provided the conviction is recorded.\n- (a) on the commencement, the licensee or the licensee’s representative is a disqualified person; or\n- (b) within 10 years before the day this section commences, the licensee or the licensee’s representative— (i) has been convicted of a class A serious offence or a class B serious offence; or (ii) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or (iii) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence; or\n- (i) has been convicted of a class A serious offence or a class B serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence; or\n- (c) before the commencement, the licensee or the licensee’s representative was charged with a serious offence and the charge has not been dealt with.\n- (i) has been convicted of a class A serious offence or a class B serious offence; or\n- (ii) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or\n- (iii) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence; or\n- (a) the licensee or the licensee’s representative being a disqualified person, or the happening of an event mentioned in subsection (1)(b) or (c), were a change under new section 24; and\n- (b) a reference in new section 24(1) to within 14 days of the happening of an event mentioned in section 24(2) were a reference to within 90 days after the day this section commences.","sortOrder":351},{"sectionNumber":"sec.7.1","sectionType":"section","heading":null,"content":"### Section sec.7.1\n\ns 7.1 ins 1994 No. 13 s 27\nom 1995 No. 57 s 4 sch 1\nAIA s 20A applies (see 1995 No. 57 s 5 (3) sch 9 )","sortOrder":352},{"sectionNumber":"sec.7.2","sectionType":"section","heading":null,"content":"### Section sec.7.2\n\ns 7.2 ins 1994 No. 13 s 27\nom 1995 No. 57 s 4 sch 1\nAIA s 20A applies (see 1995 No. 57 s 5 (3) sch 9 )","sortOrder":353},{"sectionNumber":"sec.7.3","sectionType":"section","heading":null,"content":"### Section sec.7.3\n\ns 7.3 ins 1994 No. 13 s 27\nom 1995 No. 57 s 4 sch 1\nAIA s 20A applies (see 1995 No. 57 s 5 (3) sch 9 )","sortOrder":354},{"sectionNumber":"sec.7.4","sectionType":"section","heading":null,"content":"### Section sec.7.4\n\ns 7.4 ins 1994 No. 13 s 27\nom 1995 No. 57 s 4 sch 1","sortOrder":355},{"sectionNumber":"pt.8-div.10","sectionType":"division","heading":"Transitional and validation provisions for Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Act 2026","content":"## Transitional and validation provisions for Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Act 2026","sortOrder":356},{"sectionNumber":"sec.200","sectionType":"section","heading":"Definitions for division","content":"### sec.200 Definitions for division\n\nIn this division—\nformer , in relation to a provision of this Act, means the provision as in force from time to time before the commencement of the transitional provision in which the term is used.\nnew , in relation to a provision of this Act, means the provision as in force on the commencement of the transitional provision in which the term is used.\ntransitional provision means a provision of this division.\ns 200 ins 2026 No. 4 s 110","sortOrder":357},{"sectionNumber":"sec.201","sectionType":"section","heading":"Particular existing applications—fit and proper person requirement","content":"### sec.201 Particular existing applications—fit and proper person requirement\n\nThis section applies in relation to the following applications made, but not decided, before the commencement of this section—\nan application for a licence;\nan application to renew a licence.\nThe following provisions apply in relation to the application—\nnew section 10B;\nnew section 10C;\nnew section 13;\nnew section 14.\ns 201 ins 2026 No. 4 s 110\n(sec.201-ssec.1) This section applies in relation to the following applications made, but not decided, before the commencement of this section— an application for a licence; an application to renew a licence.\n(sec.201-ssec.2) The following provisions apply in relation to the application— new section 10B; new section 10C; new section 13; new section 14.\n- (a) an application for a licence;\n- (b) an application to renew a licence.\n- (a) new section 10B;\n- (b) new section 10C;\n- (c) new section 13;\n- (d) new section 14.","sortOrder":358},{"sectionNumber":"sec.203","sectionType":"section","heading":"Validation of particular decisions relating to licences","content":"### sec.203 Validation of particular decisions relating to licences\n\nThis section applies if—\nbefore the commencement of this section, an authorised officer made a decision—\nto reject an application for a licence; or\nto reject an application to renew a licence; or\nto suspend a licence; or\nto revoke a licence; and\nin deciding or considering whether the applicant, or the licensee, for the licence is or is no longer a fit and proper person to hold a licence, the authorised officer considered a matter mentioned in new section 10B(1)(b) or (c) or 10C(1)(a) or (b).\nIt is declared that the decision is taken to be, and to have always been, as valid and lawful as it would be or would have been had each of the following provisions been in force when the decision was made—\nnew section 10B;\nnew section 10C;\nnew section 13;\nnew section 14.\nAnything done, or omitted to be done, in relation to the decision is taken to be, and to have always been, as valid and lawful as it would be or would have been had each of the provisions mentioned in subsection (2) been in force when the decision was made.\nHowever, if, before the commencement of this section, the decision had been found by a court or tribunal to be invalid or had been set aside by a court or tribunal, the decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand.\ns 203 ins 2026 No. 4 s 110\n(sec.203-ssec.1) This section applies if— before the commencement of this section, an authorised officer made a decision— to reject an application for a licence; or to reject an application to renew a licence; or to suspend a licence; or to revoke a licence; and in deciding or considering whether the applicant, or the licensee, for the licence is or is no longer a fit and proper person to hold a licence, the authorised officer considered a matter mentioned in new section 10B(1)(b) or (c) or 10C(1)(a) or (b).\n(sec.203-ssec.2) It is declared that the decision is taken to be, and to have always been, as valid and lawful as it would be or would have been had each of the following provisions been in force when the decision was made— new section 10B; new section 10C; new section 13; new section 14.\n(sec.203-ssec.3) Anything done, or omitted to be done, in relation to the decision is taken to be, and to have always been, as valid and lawful as it would be or would have been had each of the provisions mentioned in subsection (2) been in force when the decision was made.\n(sec.203-ssec.4) However, if, before the commencement of this section, the decision had been found by a court or tribunal to be invalid or had been set aside by a court or tribunal, the decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand.\n- (a) before the commencement of this section, an authorised officer made a decision— (i) to reject an application for a licence; or (ii) to reject an application to renew a licence; or (iii) to suspend a licence; or (iv) to revoke a licence; and\n- (i) to reject an application for a licence; or\n- (ii) to reject an application to renew a licence; or\n- (iii) to suspend a licence; or\n- (iv) to revoke a licence; and\n- (b) in deciding or considering whether the applicant, or the licensee, for the licence is or is no longer a fit and proper person to hold a licence, the authorised officer considered a matter mentioned in new section 10B(1)(b) or (c) or 10C(1)(a) or (b).\n- (i) to reject an application for a licence; or\n- (ii) to reject an application to renew a licence; or\n- (iii) to suspend a licence; or\n- (iv) to revoke a licence; and\n- (a) new section 10B;\n- (b) new section 10C;\n- (c) new section 13;\n- (d) new section 14.","sortOrder":359},{"sectionNumber":"sec.207","sectionType":"section","heading":"Transitional regulation-making power","content":"### sec.207 Transitional regulation-making power\n\nA regulation (a transitional regulation ) may make provision about a matter for which—\nit is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act, as in force before the commencement of a relevant amendment, to the operation of this Act as in force after the commencement of the relevant amendment; and\nthis Act does not provide or sufficiently provide.\nA transitional regulation may have retrospective operation to a day not earlier than the day the relevant amendment commences.\nA transitional regulation must declare it is a transitional regulation.\nThis section and any transitional regulation expire on the day that is 1 year after the day this section commences.\nIn this section—\nrelevant amendment means an amendment of this Act by the Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Act 2026 .\ns 207 ins 2026 No. 4 s 110\nexp 11 March 2027 (see s 207(4))\n(sec.207-ssec.1) A regulation (a transitional regulation ) may make provision about a matter for which— it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act, as in force before the commencement of a relevant amendment, to the operation of this Act as in force after the commencement of the relevant amendment; and this Act does not provide or sufficiently provide.\n(sec.207-ssec.2) A transitional regulation may have retrospective operation to a day not earlier than the day the relevant amendment commences.\n(sec.207-ssec.3) A transitional regulation must declare it is a transitional regulation.\n(sec.207-ssec.4) This section and any transitional regulation expire on the day that is 1 year after the day this section commences.\n(sec.207-ssec.5) In this section— relevant amendment means an amendment of this Act by the Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Act 2026 .\n- (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act, as in force before the commencement of a relevant amendment, to the operation of this Act as in force after the commencement of the relevant amendment; and\n- (b) this Act does not provide or sufficiently provide.","sortOrder":360},{"sectionNumber":"sch.1AA-pt","sectionType":"part","heading":"This Act","content":"# This Act","sortOrder":361}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded in scope from its original 1990 focus on general weapons possession and licensing. Over time it has grown to include: regulation of 3D-printed firearm blueprint material (a technology that didn't exist in 1990); an elaborate tiered serious offence classification system (Classes A, B, C) affecting licence eligibility; detailed domestic violence integration; associate-of-dealer scrutiny extending regulatory reach beyond individual licence holders; government service entity regimes; and formal firearm prohibition orders. What began as a licensing and possession control scheme has evolved into a comprehensive public safety framework intersecting criminal law, domestic violence law, and emerging technology regulation."},"complexity_factors":["Multiple interlocking licence categories (firearms licence, minor's licence, security licence, collector's licence, dealer's licence, visitor's licence) each with different eligibility rules","Layered tiered offence classification system (Class A, B, and C serious offences) with different look-back periods (10 years vs 5 years) creating complex eligibility calculations","Extensive list of exemptions with conditional sub-exemptions (e.g. government service entities must still comply with storage rules even when exempt from licensing)","Cross-references to numerous other Queensland and Commonwealth Acts (Criminal Code, Domestic and Family Violence Protection Act, Dangerous Prisoners Act, Penalties and Sentences Act, Defence Act, Australian Federal Police Act, Customs Act, etc.)","The 'fit and proper person' test involves subjective multi-factor assessment including spent convictions, withdrawn charges, criminal intelligence, and domestic violence history","Special rules for associates of licensed dealers extending scrutiny beyond the licence holder themselves","Government service entity regime with its own separate compliance conditions, exceptions for 'prescribed service entities', and carve-outs within carve-outs","Provisions now covering emerging technology (3D-printed firearm blueprints) layered onto a 1990 framework, creating interpretive tension","Frequent amendments since 1990 (at least 20 amending Acts visible in the annotations) creating a patchwork structure that is difficult to read holistically","Interplay between Queensland law and Commonwealth constitutional arrangements for Defence Force and federal law enforcement personnel requires understanding of federal law"],"plain_english_summary":"## Queensland Weapons Act 1990 — What You Need to Know\n\nThis is Queensland's main law controlling who can own, carry, buy, sell, and use weapons — primarily **firearms** (guns), but also other dangerous weapons.\n\n### What does it do?\n\n**The core idea is simple:** owning or using a weapon in Queensland is a privilege, not a right. Public safety comes first. If you want to legally possess a weapon, you must prove you have a genuine reason, pass a \"fit and proper person\" test, complete safety training, and store weapons securely.\n\n### Who does it affect?\n\n**Almost everyone in Queensland**, but in different ways:\n\n- **Ordinary people** who want to own a firearm for hunting, sport shooting, or farming must get a **licence** and prove a genuine reason\n- **Businesses** like gun dealers, security companies, and shooting clubs face strict licensing and record-keeping rules\n- **Government employees** (e.g., rangers, inspectors) who need weapons for their job must follow special registration and notification requirements\n- **Children** can get a \"minor's licence\" from age 11 under strict conditions\n- **Visitors from interstate or overseas** can get a special visitor's licence\n\n### Who is EXEMPT from the Act?\n\nSome people don't need a licence because of their job:\n- Australian Defence Force members (on duty)\n- Queensland Police, AFP, Border Force, and Australian Protective Service officers (on duty)\n- Army, Navy, and Air Force cadets (during cadet activities)\n- People doing approved weapons training courses\n- Boat/ship/aircraft owners carrying recognised safety flares\n- People transporting weapons for licensed dealers or the Commonwealth\n\n### Key rules for getting a licence\n\nTo get a weapon licence, you must:\n1. **Be an adult** (or at least 11 for a minor's licence)\n2. **Pass a safety training course** (completed within the past year)\n3. **Have secure storage** for the weapon\n4. **Have a genuine reason** — such as sport shooting, farming/pest control, collecting, or an occupational need\n5. **Be a \"fit and proper person\"** — meaning police will check your criminal history, mental and physical fitness, domestic violence history, and whether you're a risk to public safety\n6. **Live in Queensland** (with some exceptions for border residents and visitors)\n\n### Who is BANNED from holding a licence?\n\nYou **cannot** get a weapons licence if you are a **\"disqualified person\"**, meaning:\n- You are on the child sex offender register (\"reportable offender\")\n- You are or have been subject to a firearm prohibition order\n- You have been convicted of a serious violent offence\n- You are subject to a Dangerous Prisoners (Sexual Offenders) Act supervision order\n\nYou are also banned if you have been **convicted of serious offences** within recent years:\n- **Class A offences** (murder, grievous bodily harm, armed robbery) in the **past 10 years** = automatic ban\n- **Class B offences** (a broader list of serious crimes) in the **past 10 years** = automatic ban\n- **Class C offences** (drug misuse, violence, weapons offences) in the **past 5 years** = automatic ban\n- **Domestic violence orders** made against you in the past 5 years can also prevent you from holding a licence\n\n### Specific weapon rules\n\n- **Automatic and self-loading rifles/shotguns** are essentially prohibited for ordinary people\n- All firearms must be **registered**\n- **Replicas** (fake-looking weapons that can't fire) are also regulated\n- Weapons must be **stored safely** — there are rules about trigger locks, separate storage of firing parts, and secure safes\n- **3D-printed gun blueprints** (digital files for printing guns) are now regulated — you cannot possess or distribute them without authorisation\n\n### Dealers face extra scrutiny\n\nIf you want to run a gun dealership, **everyone closely associated with your business** (business partners, certain employees) must also pass a fit and proper person test. You can't use a dodgy associate as a workaround.\n\n### Domestic violence and weapons\n\nIf a domestic violence order is made against you, this directly affects your ability to hold a weapons licence. The Domestic and Family Violence Protection Act 2012 also overrides some exemptions in this Act.\n\n### Bottom line\n\nIf you want to legally own a weapon in Queensland, expect paperwork, background checks, training courses, and ongoing compliance with storage and use rules. The law is deliberately strict and has been tightened repeatedly since 1990."},"kimi_summary":{"_metrics":{"completionTokens":784},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1990 scope. Originally focused on basic licensing and registration, it now includes: firearm prohibition orders (2013, expanded 2024), automatic domestic violence licence consequences (2002, expanded 2025), 3D printed firearms offences (2024), hate-motivated aggravation for weapons offences (2026), and enhanced police powers. The 'fit and proper person' test now incorporates spent convictions, criminal intelligence, and complex multi-class serious offence definitions (2024). Government service entity exemptions were added (2011) with detailed compliance conditions."},"complexity_factors":["Multiple nested exception schemes (exemptions for military, police, government entities, primary producers, minors under supervision)","Cross-referencing with numerous other Acts (Domestic and Family Violence Protection Act, Criminal Code, Penalties and Sentences Act, etc.)","Detailed categorisation system (A, B, C, D, E, H, M, R weapons) with different rules per category","Extensive 'fit and proper person' assessment including spent convictions, criminal intelligence, and domestic violence history","Layered domestic violence provisions with automatic triggers, suspension periods, and employment notification requirements","Firearm prohibition order regime with associated search powers and offences","Multiple defined terms requiring reference to separate regulations (Weapons Categories Regulation, etc.)","Complex acquisition/sale rules requiring licensed dealer intermediaries and permit-to-acquire system","Detailed safe storage, marking, and registration requirements","Recent amendments (2024-2026) adding 3D printing offences and hate-motivated aggravation provisions"],"plain_english_summary":"This is Queensland's **Weapons Act 1990**, the primary law controlling who can own, use, buy, and sell weapons in Queensland. It covers firearms, knives, crossbows, explosives, and other dangerous items.\n\n**What it does:**\n- **Licences:** Most people need a licence to possess or use a weapon. There are different licence types (firearms, dealer, collector, security guard, minor's licence, etc.) with different rules.\n- **Permits to acquire:** Even with a licence, you generally need a separate permit to buy each weapon.\n- **Registration:** All firearms must be registered in a central database (the firearms register).\n- **Categories:** Weapons are grouped into categories (A, B, C, D, E, H, M, R) with stricter rules for more dangerous types. Automatic and self-loading rifles/shotguns are heavily restricted.\n- **Safe storage:** Weapons must be stored securely when not in use.\n- **Prohibited conduct:** The Act bans dangerous behaviour — carrying weapons in public without good reason, using weapons while drunk or drug-affected, discharging weapons recklessly, and modifying firearms illegally.\n\n**Who it affects:**\n- Anyone wanting to own or use a weapon in Queensland\n- Licensed dealers, armourers, and security businesses\n- Shooting clubs and collectors\n- People subject to domestic violence orders (automatic licence suspension/revocation)\n\n**Key recent additions:**\n- **Firearm prohibition orders** (Part 5A): Courts can ban high-risk individuals from possessing firearms for up to 5 years, with police search powers and serious penalties for breaches.\n- **3D printed firearms:** New offences for possessing blueprint material to manufacture firearms on 3D printers or electronic milling machines.\n- **Domestic violence link:** Automatic licence consequences when protection orders are made.\n\n**Why it matters:** The Act balances legitimate uses (sport shooting, farming, security work, collecting) against public safety, with strict penalties for illegal possession or trafficking — up to life imprisonment for weapons trafficking."}},"importantCases":[],"_links":{"self":"/api/acts/weapons-act-1990","history":"/api/acts/weapons-act-1990/history","analysis":"/api/acts/weapons-act-1990/analysis","conflicts":"/api/acts/weapons-act-1990/conflicts","importantCases":"/api/acts/weapons-act-1990/important-cases","documents":"/api/acts/weapons-act-1990/documents"}}