{"id":"weapons-control-act-2001","name":"Weapons Control Act 2001","slug":"weapons-control-act-2001","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30653,"registerId":"nt-weapons-control-act-2001-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Weapons Control Act 2001","content":"NORTHERN TERRITORY OF AUSTRALIA\nWEAPONS CONTROL ACT 2001\nAs in force at 3 May 2024\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n3A Meaning of body armour .................................................................. 2\n4 Firearms excluded from this Act ...................................................... 3\n5 Delegation ....................................................................................... 3\nPart 2 Regulation of weapons and body armour\n6 Prohibited weapons ......................................................................... 3\n7 Controlled weapons – general ......................................................... 4\n7A Controlled weapons – person under 18 years of age ...................... 5\n8 Offensive weapons .......................................................................... 5\n9 Body armour .................................................................................... 5\n10 Authority to purchase prohibited weapons or body armour ............. 6\n11 Sales of prohibited weapons and body armour................................ 8\n11A Supply of crossbow or other controlled weapon to person\nunder 18 years of age ...................................................................... 9\n11B Interstate sale of crossbow or other controlled weapon ................... 9\nPart 3 Exemptions and approvals\n12 Exemptions for prohibited weapons and body armour................... 11\n13 Person may apply for approval in relation to prohibited\nweapons and body armour ............................................................ 12\n14 Approvals in relation to prohibited weapons and body armour ...... 13\n15 Refusal of approvals ...................................................................... 14\n16 Conditions of approvals ................................................................. 16\n17 Breach of condition of exemptions and approvals ......................... 16\n18 Review of decisions ....................................................................... 17\n18A Matters to be notified ..................................................................... 18\n18B Possession and production of approvals ....................................... 18\n18C Police may require production of prohibited weapon or body\narmour ........................................................................................... 19\nPart 3A Suspension and revocation of approval\n18D Suspension of approval ................................................................. 20\n\nWeapons Control Act 2001 ii\n18E Suspension on making of interim domestic violence order or\ninterim personal violence restraining order .................................... 20\n18F Revocation of approval .................................................................. 21\n18G Revocation on basis of criminal intelligence .................................. 23\n18H Notice of suspension or revocation................................................ 24\n18J Seizure .......................................................................................... 24\n18K Voluntary surrender of approval .................................................... 24\n18L Suspension by police officer .......................................................... 25\n18M Restriction on further approvals ..................................................... 26\nPart 4 Search without warrant and forfeiture\n19 Search without warrant .................................................................. 27\n20 Forfeiture by courts........................................................................ 27\n21 Return of goods if prosecution does not occur .............................. 28\n22 Procedure for return of goods if prosecution does not occur ......... 28\nPart 5 Miscellaneous matters\n23 Amnesty......................................................................................... 29\n23A Immunity ........................................................................................ 30\n23B Report to be made in certain circumstances.................................. 30\n23C Disclosure of information ............................................................... 31\n23D Approved training .......................................................................... 31\n23E No review....................................................................................... 31\n24 Duplicate approvals or specific purchase authorities ..................... 32\n25 Regulations.................................................................................... 32\nPart 6 Transitional matters for Firearms and\nWeapons Control Legislation Amendment\nAct 2023\n26 Conditions of existing approvals .................................................... 32\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 3 May 2024\n____________________\nWEAPONS CONTROL ACT 2001\nAn Act to regulate weapons (other than firearms) and body armour\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Weapons Control Act 2001.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Definitions\nIn this Act:\napproval means an approval in force under section 14.\nbody armour, see section 3A.\nCommissioner means the Commissioner of Police.\ncontrolled weapon means:\n(a) a knife or axe, other than a knife or axe that is a prohibited\nweapon; or\n(b) an article that is prescribed by regulation to be a controlled\nweapon.\ncriminal intelligence, see section 6 of the Serious Crime Control\nAct 2009.\ndisqualifying offence, see section 3(1) of the Firearms Act 1997.\nfirearm means a firearm as defined in section 3(1) of the Firearms\nAct 1997, but does not include an imitation or replica firearm.\ninterim domestic violence order, means an interim DVO as\ndefined in section 4 of the Domestic and Family Violence Act 2007.\n\nPart 1 Preliminary matters\nWeapons Control Act 2001 2\ninterim personal violence restraining order, see section 3 of the\nPersonal Violence Restraining Orders Act 2016.\nknife includes machete.\nnight-time means the interval between 9 pm and 6 am.\noffence of violence, see section 3(1) of the Firearms Act 1997.\noffensive weapon means an article:\n(a) made or adapted to cause damage to property or to cause\ninjury or fear of injury to a person; or\n(b) by which the person having it intends to cause damage to\nproperty or to cause injury or fear of injury to a person;\nbut does not include a prohibited weapon, controlled weapon or\nbody armour.\nprohibited weapon means an article prescribed by regulation to be\na prohibited weapon.\npublic place, see section 5 of the Summary Offences Act 1923.\nschool, see section 5 of the Education Act 2015.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n3A Meaning of body armour\n(1) Body armour means an article that is designed:\n(a) for anti-ballistic or anti-fragmentation purposes; and\n(b) to be worn on, or cover, the human body.\n(2) However, body armour does not include the following articles:\n(a) a helmet;\n(b) an anti-ballistic or anti-fragmentation article designed for sight\nor hearing protection;\n(c) a vest or plate carrier designed to hold anti-ballistic or\nanti-fragmentation protection but without the anti-ballistic or\nanti-fragmentation protection included in the vest or plate\ncarrier.\n\nPart 2 Regulation of weapons and body armour\nWeapons Control Act 2001 3\n(3) In this section:\nanti-ballistic means resistant to the penetration of a projectile\ndischarged from a firearm.\nanti-fragmentation means resistant to the penetration of material\ndischarged when an explosive device is detonated.\n4 Firearms excluded from this Act\nThis Act does not apply to a firearm.\n5 Delegation\n(1) Subject to subsection (2), the Commissioner may delegate to a\npolice officer or public sector employee any of the Commissioner's\npowers or functions under this Act.\n(2) The Commissioner's functions under sections 15(2B) and 18G(1)\ncannot be delegated.\nPart 2 Regulation of weapons and body armour\n6 Prohibited weapons\nA person must not:\n(a) bring into the Territory; or\n(b) cause to be brought or sent into the Territory; or\n(c) manufacture, sell or purchase; or\n(d) display or advertise for sale; or\n(e) possess, use or carry;\na prohibited weapon except if permitted to do so by an exemption\nunder section 12 or an approval.\nMaximum penalty: If the offender is an individual – 400 penalty\nunits or imprisonment for 2 years.\nIf the offender is a body corporate –\n2 000 penalty units.\n\nPart 2 Regulation of weapons and body armour\nWeapons Control Act 2001 4\n7 Controlled weapons – general\n(1) A person must not, without lawful excuse, proof of which is on the\nperson, possess, carry or use a controlled weapon in a public place\nor school.\nMaximum penalty: If the offender is an individual – 200 penalty\nunits or imprisonment for 12 months.\nIf the offender is a body corporate –\n1 000 penalty units.\n(2) A person must not carry a controlled weapon except in a safe and\nsecure manner consistent with the reason for which it is possessed,\ncarried or is to be used.\nMaximum penalty: If the offender is an individual – 200 penalty\nunits or imprisonment for 12 months.\nIf the offender is a body corporate –\n1 000 penalty units.\n(2A) Subsections (1) and (2) do not apply to a person under 18 years of\nage and who possesses, carries or uses a weapon mentioned in\nsection 11A.\n(3) Despite subsections (1) and (2), if a person is found guilty of an\noffence against subsection (1) or (2) committed at night-time, the\nperson is liable to a maximum penalty of twice the penalty specified\nin subsection (1) or (2).\n(4) In this section, lawful excuse includes:\n(a) the pursuit of a lawful employment or lawful duty; and\n(b) participation in a lawful sport, lawful recreation, lawful\nentertainment or lawful activity; and\n(c) the legitimate collection, legitimate display or legitimate\nexhibition of weapons;\nbut does not include for the purpose of self-defence.\n(5) In considering whether a person has a lawful excuse to possess,\ncarry or use a controlled weapon, the court must have regard to the\ncircumstances (including the time and location) of the incident.\n\nPart 2 Regulation of weapons and body armour\nWeapons Control Act 2001 5\n7A Controlled weapons – person under 18 years of age\n(1) A person under 18 years of age must not possess, carry or use a\nweapon mentioned in section 11A.\nMaximum penalty: 200 penalty units or imprisonment for\n12 months.\n(2) However, if an offence against subsection (1) is committed at night-\ntime in a public place or school, the person is liable to a maximum\npenalty of twice the penalty specified in the subsection.\n8 Offensive weapons\n(1) A person must not, without lawful excuse, proof of which is on the\nperson, possess, carry or use an offensive weapon.\nMaximum penalty: If the offender is an individual – 200 penalty\nunits or imprisonment for 12 months.\nIf the offender is a body corporate –\n1 000 penalty units.\n(2) Despite subsection (1), if a person is found guilty of an offence\nagainst that subsection committed at night-time, the person is liable\nto a maximum penalty of twice the penalty specified in that\nsubsection.\n(3) In this section, lawful excuse includes:\n(a) the pursuit of a lawful employment or lawful duty; and\n(b) participation in a lawful sport, lawful recreation, lawful\nentertainment or lawful activity; and\n(c) the legitimate collection, legitimate display or legitimate\nexhibition of weapons;\nbut does not include for the purpose of self-defence.\n9 Body armour\nA person must not:\n(a) bring body armour into the Territory; or\n(b) cause body armour to be brought or sent into the Territory; or\n(c) manufacture, sell or purchase body armour; or\n(d) possess or use body armour;\n\nPart 2 Regulation of weapons and body armour\nWeapons Control Act 2001 6\nexcept if permitted to do so by an exemption under section 12 or an\napproval.\nMaximum penalty: If the offender is an individual – 400 penalty\nunits or imprisonment for 2 years.\nIf the offender is a body corporate –\n2 000 penalty units.\n10 Authority to purchase prohibited weapons or body armour\n(1) A person must not purchase a prohibited weapon or body armour\nunless the person is:\n(a) the holder of a specific purchase authority granted under this\nsection permitting the person to purchase the prohibited\nweapon or body armour; or\n(b) a prescribed person exempted under section 12(2) from the\napplication of sections 6 and 9, or the employer of that person,\nand is purchasing the prohibited weapon or body armour for\nuse by the prescribed person in the course of that person's\nduties; or\n(c) exempted under section 12(5) from the application of\nsection 6, or the employer of that person, in relation to the\npurchase of the prohibited weapon; or\n(d) exempted under section 12(6) from the application of\nsection 9, or the employer of that person, in relation to the\npurchase of the body armour.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(2) A separate specific purchase authority is required for each type of\nprohibited weapon or body armour to be purchased.\n(3) The holder of an approval to purchase may apply to the\nCommissioner for a specific purchase authority.\n(4) An application under subsection (3) is to be:\n(a) in a form approved by the Commissioner; and\n(b) accompanied by the prescribed fee.\n\nPart 2 Regulation of weapons and body armour\nWeapons Control Act 2001 7\n(5) A person must not, in an application under subsection (3),\nknowingly make a statement that is false or misleading in a material\nparticular.\nMaximum penalty: If the offender is an individual – 100 penalty\nunits.\nIf the offender is a body corporate –\n500 penalty units.\n(6) The Commissioner may, on receipt of an application under\nsubsection (3), grant or refuse to grant a specific purchase authority\nto the applicant.\n(7) A specific purchase authority must specify the type and quantity of\nprohibited weapons or body armour the holder is permitted to\npurchase under the authority.\n(8) The Commissioner must not grant a specific purchase authority to a\nperson in relation to a prohibited weapon or body armour unless the\nperson holds an approval to purchase and possess a prohibited\nweapon or body armour of the type to which the authority relates.\n(9) The Commissioner may refuse to grant a specific purchase\nauthority to a person if the Commissioner:\n(a) suspects on reasonable grounds that the person has, in the\napplication for the authority, failed to supply material\ninformation or has supplied information that is false or\nmisleading; or\n(b) is satisfied that it is not in the public interest to do so.\n(10) A specific purchase authority is valid for a period of 3 months from\nthe date it is granted.\n(11) The Commissioner may, by written notice, revoke a specific\npurchase authority.\n(12) If a specific purchase authority is revoked under subsection (11),\nthe person who was the holder of the authority must immediately\nsurrender the revoked authority to a police officer.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n\nPart 2 Regulation of weapons and body armour\nWeapons Control Act 2001 8\n11 Sales of prohibited weapons and body armour\n(1) A person must not sell a prohibited weapon or body armour to\nanother person unless:\n(a) the purchaser provides proof that an exemption under\nsection 12, or an approval, authorises the purchaser to\npurchase and possess the prohibited weapon or body armour\nor prohibited weapons or body armour generally; and\n(b) in the case of a specific purchase authority:\n(i) the purchaser gives the seller a specific purchase\nauthority authorising the purchaser to purchase the\nprohibited weapon or the body armour; and\n(ii) the seller is satisfied on reasonable grounds that the\npurchaser is a person to whom the specific purchase\nauthority relates.\nMaximum penalty: If the offender is an individual – 200 penalty\nunits or imprisonment for 12 months.\nIf the offender is a body corporate –\n1 000 penalty units.\n(2) A person who sells a prohibited weapon or body armour must keep\na record of the sale in accordance with this section.\nMaximum penalty: If the offender is an individual – 100 penalty\nunits.\nIf the offender is a body corporate –\n500 penalty units.\n(3) A record under this section:\n(a) is to be in the form, and contain the information, prescribed by\nregulation; and\n(b) is to be kept for 3 years after the sale to which the record\nrelates.\n\nPart 2 Regulation of weapons and body armour\nWeapons Control Act 2001 9\n(4) A person who is required under this section to keep a record must,\nat the request at any reasonable time of a police officer, produce\nthe record for inspection by the officer.\nMaximum penalty: If the offender is an individual – 100 penalty\nunits.\nIf the offender is a body corporate –\n500 penalty units.\n11A Supply of crossbow or other controlled weapon to person\nunder 18 years of age\nA person must not supply any of the following weapons to a person\nwho is under 18 years of age:\n(a) a crossbow that is a controlled weapon;\n(b) any other controlled weapon prescribed by regulation for this\nsection.\nMaximum penalty: If the offender is an individual – 200 penalty\nunits or imprisonment for 12 months.\nIf the offender is a body corporate –\n1 000 penalty units.\n11B Interstate sale of crossbow or other controlled weapon\n(1) A person (the receiver) must not receive into the Territory a\nprescribed weapon from another person (the sender) in a place\nwithin Australia if the receiver knows (or would be reasonably\nexpected to know) the sender would be, because of sending the\nweapon or being in possession of it in the place from which it is\nsent, guilty of an offence under any law in force in the place.\nMaximum penalty: If the person is an individual – 200 penalty\nunits or imprisonment for 12 months.\nIf the offender is a body corporate –\n1 000 penalty units.\n(2) It is a defence to a prosecution under subsection (1) if the\ndefendant proves the weapon was sent to the defendant without the\ndefendant's knowledge or approval.\n(3) A person (the procurer) must not direct or request another person\n(the sender), whether the sender is within or outside the Territory\nwhen the request is made, to send a prescribed weapon to a\nperson in the Territory from a place within Australia if the procurer\n\nPart 2 Regulation of weapons and body armour\nWeapons Control Act 2001 10\nknows (or would be reasonably expected to know) the sender\nwould be, because of sending the weapon or being in possession of\nit at the place from which it is sent, guilty of an offence under any\nlaw in force in the place.\nMaximum penalty: If the person is an individual – 200 penalty\nunits or imprisonment for 12 months.\nIf the offender is a body corporate –\n1 000 penalty units.\n(4) A person is taken to have made a request under subsection (3) if\nthe person accepts an offer made by another person within or\noutside the Territory to forward the weapon by mail to an address\nwithin the Territory.\n(5) A person (the sender) must not send out of the Territory a\nprescribed weapon to another person (the receiver) in a place\nwithin Australia if the sender knows (or would be reasonably\nexpected to know) the receiver would be, because of receiving the\nweapon or being in possession of it at the place to which it is sent,\nguilty of an offence under any law in force in the place.\nMaximum penalty: If the offender is an individual – 200 penalty\nunits or imprisonment for 12 months.\nIf the offender is a body corporate –\n1 000 penalty units.\n(6) In this section:\nprescribed weapon means:\n(a) a crossbow that is a controlled weapon; or\n(b) any other controlled weapon prescribed by regulation for this\nsection; or\n(c) a part of a weapon mentioned in paragraph (a) or (b).\nsend includes cause to be delivered.\n\nPart 3 Exemptions and approvals\nWeapons Control Act 2001 11\nPart 3 Exemptions and approvals\n12 Exemptions for prohibited weapons and body armour\n(1) The following persons are prescribed persons for subsection (2):\n(a) a correctional officer (as defined in section 4 of the\nCorrectional Services Act 2014);\n(b) a member of the Defence Force mentioned in Part 3,\nDivision 1 of the Defence Act 1903 (Cth);\n(c) a police officer, a member of the Australian Federal Police or a\nmember of a police force of a State or another Territory;\n(d) an officer of Customs as defined in section 4 of the\nCustoms Act 1901 (Cth);\n(e) a member of the Australian Protective Service.\n(2) Sections 6 and 9 do not apply to a prescribed person acting in the\ncourse of his or her duties as a prescribed person in respect of a\nprohibited weapon or body armour that:\n(a) is supplied to him or her by his or her employer for the\nperformance of his or her duties as a prescribed person; or\n(b) is seized by the prescribed person in the course of the\nperformance of his or her duties as a prescribed person and is\nnot dealt with except in the course of those duties.\n(3) Sections 6 and 9 do not apply (except in relation to the use of a\nprohibited weapon or body armour) to an employer of a prescribed\nperson if the weapon or body armour is supplied, or is to be\nsupplied, to a prescribed person for use in the course of the\nprescribed person's duties as a prescribed person.\n(3A) Sections 6 and 9 do not apply to a person who is undertaking a\ncourse of training in the use of a prohibited weapon or body armour\nfor the purpose of becoming a prescribed person or a person\nexempt under subsection (5) or (6).\n(3B) Sections 6(e) and 9(d) do not apply to a person who is undertaking\na course of training in the use of a prohibited weapon or body\narmour, that is:\n(a) approved by the Commissioner; and\n(b) conducted by and under the direction of an instructor\napproved by the Commissioner.\n\nPart 3 Exemptions and approvals\nWeapons Control Act 2001 12\n(4) Sections 6 and 9 do not apply to a person (except in relation to the\nmanufacture, sale, purchase or use of a prohibited weapon or body\narmour by the person) if the prohibited weapon or armour:\n(a) is in the person's possession; and\n(b) is not the person's property; and\n(c) forms part of a consignment of goods in the person's\npossession as a common carrier.\n(5) The Administrator may, by Gazette notice, exempt a class of\npersons or class of prohibited weapons from the application of a\nprovision of section 6.\n(6) The Administrator may, by Gazette notice, exempt a class of\npersons or class of body armour from the application of a provision\nof section 9.\n(7) A notice under subsection (5) or (6) may specify the conditions and\nlimitations to which an exemption in the notice is subject.\n(8) The Administrator may vary or revoke a notice under subsection (5)\nor (6).\n13 Person may apply for approval in relation to prohibited\nweapons and body armour\n(1) A person may apply to the Commissioner for an approval to do\nanything that is otherwise prohibited by section 6 or 9.\n(2) An application for approval is to:\n(a) be in the form approved by the Commissioner; and\n(b) contain the information required by the Commissioner; and\n(c) be accompanied by the prescribed fee; and\n(d) in accordance with the directions of the Commissioner, be\naccompanied by:\n(i) a recent photograph of the applicant or, in the case of a\nbody corporate, the representative of the applicant; or\n(ii) a photograph of the applicant that the applicant permits\nto be taken by a person acting on behalf of the\nCommissioner.\n\nPart 3 Exemptions and approvals\nWeapons Control Act 2001 13\n(2A) For an application for approval under this section to possess and\nuse a prohibited weapon prescribed by regulation for this section:\n(a) the applicant must be a person prescribed by regulation; and\n(b) the application must include evidence that the applicant\ncompleted a course of training, approved by the\nCommissioner, in the use of the prohibited weapon; and\n(c) if the applicant is a body corporate – the applicant must\nnominate an employee of the applicant, who would be eligible\nto be granted an approval, to be the representative of the\napplicant.\n(3) A person must not, in an application under subsection (1),\nknowingly make a statement that is false or misleading in a material\nparticular.\nMaximum penalty: If the offender is an individual – 100 penalty\nunits.\nIf the offender is a body corporate –\n500 penalty units.\n(4) A person must not provide a photograph to the Commissioner for\ninclusion on an approval if the photograph is not a photograph of\nthe applicant, or the representative of the applicant, for the\napproval.\nMaximum penalty: If the offender is an individual – 100 penalty\nunits.\nIf the offender is a body corporate –\n500 penalty units.\n(5) A person must not permit a photograph to be taken for inclusion on\nan approval unless the photograph is of the applicant, or the\nrepresentative of the applicant, for the approval.\nMaximum penalty: 100 penalty units.\n14 Approvals in relation to prohibited weapons and body armour\n(1) Subject to section 15, the Commissioner may grant an approval to\na person to do anything that is otherwise prohibited by section 6\nor 9.\n(2) The Commissioner may grant an approval for a period not\nexceeding 10 years.\n\nPart 3 Exemptions and approvals\nWeapons Control Act 2001 14\n(2A) Subject to this Act, an approval expires 3 months after the holder of\nthe approval ceases to reside permanently in the Territory, except\nin relation to an approval to provide training in the use of a\nprohibited weapon or body armour.\n(2B) An approval is not renewable and a new application must be made\nfor the grant of a new approval as required.\n(3) The Commissioner may vary or revoke an approval.\n(4) An approval is to be in writing in the form approved by the\nCommissioner and is to contain a photograph of the applicant.\n(5) A person must not alter a photograph on an approval or replace a\nphotograph on an approval with a photograph of another person.\nMaximum penalty: If the offender is an individual – 100 penalty\nunits.\nIf the offender is a body corporate –\n500 penalty units.\n15 Refusal of approvals\n(1) The Commissioner must not grant an approval to a person if the\nCommissioner has reasonable cause to believe that the person\nhas, in relation to his or her application for approval, failed to supply\nmaterial information or has supplied information that is false or\nmisleading.\n(2) The Commissioner must not grant an approval to a person unless\nthe Commissioner is satisfied that the person:\n(a) has not, within the period of 10 years before the application for\nthe approval was made, been found guilty in the Territory or\nelsewhere of a disqualifying offence; and\n(b) has not, within the period of 5 years before the application for\nthe approval was made, been found guilty in the Territory or\nelsewhere of an offence of violence; and\n(c) does not have a final domestic violence order in force against\nhim or her and has not, within the period of 5 years before the\napplication for the approval was made, had a final domestic\nviolence order in force against him or her; and\n(ca) does not have a personal violence restraining order in force\nagainst him or her; and\n\nPart 3 Exemptions and approvals\nWeapons Control Act 2001 15\n(d) is not subject to an order, made in the Territory or elsewhere,\nto keep the peace.\n(2A) Without limiting subsection (2), the Commissioner must not grant an\napproval to a person who:\n(a) was found guilty of an offence against this Act or the Firearms\nAct 1997 within 2 years prior to the day of the application; or\n(b) was sentenced to custody following being found guilty of an\noffence against this Act or the Firearms Act 1997 and less\nthan 5 years have elapsed since the later of the following:\n(i) the day the person was released from custody;\n(ii) the day the person was found guilty of the offence.\n(2B) Without limiting subsections (2) and (2A), the Commissioner must\nnot grant an approval if the Commissioner is of the opinion, having\nregard to any criminal intelligence or other information the\nCommissioner holds about the applicant, that:\n(a) the applicant is a risk to public safety; and\n(b) the holding of the approval by the applicant would be contrary\nto the public interest.\n(2C) The Commissioner is not, under this or any other Act or law,\nrequired to give reasons for refusing an approval on the grounds\nmentioned in subsection (2B).\n(2D) Without limiting subsections (2), (2A) and (2B), the Commissioner\nmust not grant an approval in relation to a prohibited weapon or\nbody armour if the Commissioner believes on reasonable grounds\nthat the applicant may not personally exercise continuous and\nresponsible control over the prohibited weapon or body armour\nbecause of:\n(a) the applicant's way of living or domestic circumstances; or\n(b) any attempt by the applicant to commit suicide or cause a self-\ninflicted injury; or\n(c) the applicant having intemperate habits or being of unsound\nmind.\n\nPart 3 Exemptions and approvals\nWeapons Control Act 2001 16\n(3) The Commissioner may refuse to grant an approval to an applicant\nbecause:\n(a) he or she is satisfied that it is not in the public interest to do\nso;\n(b) the applicant is not a fit and proper person for the grant of an\napproval; or\n(c) the applicant is under 18 years of age.\n16 Conditions of approvals\n(1) An approval is subject to the following conditions:\n(a) the holder must store the prohibited weapon or body armour in\nrespect of which the approval was granted safely and securely\nin accordance with the requirements prescribed by regulation;\n(b) the holder must not permit any other person to possess or use\nthe prohibited weapon or body armour in respect of which the\napproval was granted if that other person does not have an\napproval or exemption to possess or use it;\n(c) the holder must permit a police officer to inspect, at any\nreasonable time, the holder's facilities for the safe and secure\nstorage of any prohibited weapon or body armour in respect of\nwhich the approval was granted in the holder's possession;\n(d) any other condition imposed by this Act or prescribed by\nregulation;\n(e) any conditions specified by the Commissioner on the\napproval.\n(2) An approval is not transferable.\n17 Breach of condition of exemptions and approvals\nA person must not breach a condition of an exemption under\nsection 12(5) or (6), or an approval, that applies to the person.\nMaximum penalty: If the offender is an individual – 200 penalty\nunits.\nIf the offender is a body corporate –\n1 000 penalty units.\n\nPart 3 Exemptions and approvals\nWeapons Control Act 2001 17\n18 Review of decisions\n(1) A person may apply to the Commissioner for a review by the\nCommissioner of a decision under section 14, 15 or 16 or Part 3A\nmade by a delegate of the Commissioner.\n(2) An application under subsection (1) is to be made within 28 days\nafter the date of the decision to which the application relates.\n(3) An application under subsection (1) is to be in writing and is to\nspecify:\n(a) the decision that the applicant wants the Commissioner to\nreview; and\n(b) the matters that the applicant thinks the Commissioner should\ntake into account in reviewing the decision.\n(4) An application under subsection (1) is to be accompanied by the\nprescribed fee.\n(5) The Commissioner must, within 28 days after receiving an\napplication under subsection (1) in relation to a decision, review the\ndecision and decide to:\n(a) uphold the original decision; or\n(b) make, in substitution for the original decision, a new decision\nunder the section of this Act under which the original decision\nwas made.\n(6) The Commissioner is to make the Commissioner's decision under\nsubsection (5) after considering:\n(a) the matters that the applicant specified in the application\nunder subsection (1); and\n(b) any other matters the Commissioner thinks fit.\n(7) The Commissioner is to give notice in writing to the applicant of the\nCommissioner's decision under subsection (5), specifying the\nreasons for the decision.\n\nPart 3 Exemptions and approvals\nWeapons Control Act 2001 18\n18A Matters to be notified\n(1) The holder of an approval must, if there is a change to the holder's\nname or address, notify the Commissioner, in writing, not later than\n10 business days after the change.\nMaximum penalty: 10 penalty units or imprisonment for\n3 months.\n(2) The holder of an approval must, by written notice, notify the\nCommissioner of the loss or theft of a prohibited weapon or body\narmour in respect of which the approval was granted not later than\n2 business days after becoming aware of the loss or theft.\nMaximum penalty: 50 penalty units or imprisonment for\n12 months.\n(3) If there is a change in the particulars specified in an application for\nan approval, the applicant or holder must, without delay, notify the\nCommissioner in writing of the change.\nMaximum penalty: 10 penalty units or imprisonment for\n3 months.\n(4) If an approval is lost or stolen, the holder must notify the\nCommissioner, in writing, not later than 2 business days after\nbecoming aware of the loss or theft.\nMaximum penalty: 5 penalty units or imprisonment for 14 days.\n18B Possession and production of approvals\n(1) The holder of an approval must, when in possession of a prohibited\nweapon or body armour in respect of which the approval was\ngranted:\n(a) carry the approval; and\n(b) when requested by a police officer, produce the approval for\ninspection by the officer.\nMaximum penalty: 17 penalty units or imprisonment for\n6 months.\n\nPart 3 Exemptions and approvals\nWeapons Control Act 2001 19\n(2) When requested by a police officer, the holder of an approval who\nis in possession of a prohibited weapon or body armour in respect\nof which the approval was granted must produce the approval to a\npolice officer not later than the time, and at the place, that the police\nofficer specifies.\nMaximum penalty: 17 penalty units or imprisonment for\n6 months.\n18C Police may require production of prohibited weapon or body\narmour\n(1) A police officer may, by written notice, require the holder of an\napproval to produce the prohibited weapon or body armour in\nrespect of which the approval was granted at a time and place\nspecified in the notice for the purpose of inspecting the prohibited\nweapon or body armour to determine whether or not it complies\nwith, and is held in compliance with, this Act.\n(2) A person must comply with the requirement of a notice under\nsubsection (1).\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(3) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant:\n(a) did not reasonably know the whereabouts of the prohibited\nweapon or body armour; or\n(b) was otherwise unable to reasonably comply with the\nrequirement to produce the prohibited weapon or body\narmour.\n(4) All approvals held by the person specified in a notice under\nsubsection (1) are automatically suspended from the day specified\nin the notice to produce the prohibited weapon or body armour until\n28 days after the later of the following:\n(a) the day on which the prohibited weapon or body armour is\nproduced;\n(b) the day on which the person provides information to the\nsatisfaction of the Commissioner as to why the prohibited\nweapon or body armour was not produced as required.\n(5) The Commissioner may reduce the period of suspension mentioned\nin subsection (4) if the Commissioner considers the circumstances\nwarrant it.\n\nPart 3A Suspension and revocation of approval\nWeapons Control Act 2001 20\n(6) All approvals held by a person specified in a notice under\nsubsection (1) are automatically revoked if the person has not,\nwithin 28 days after the day specified in the notice:\n(a) complied with the requirement; or\n(b) satisfied the Commissioner as to why the requirement was not\ncomplied with.\nPart 3A Suspension and revocation of approval\n18D Suspension of approval\n(1) The Commissioner may, by written notice, suspend an approval if\nsatisfied there may be reasonable grounds for revoking the\napproval.\n(2) An approval is suspended for the period, not longer than 28 days,\nspecified in the notice.\n(3) The holder of an approval suspended under subsection (1) is not\nauthorised to possess or use any prohibited weapon or body\narmour in respect of which the approval was granted during the\nperiod of the suspension.\n(4) If an approval is suspended by the Commissioner under\nsubsection (1), the holder of the approval must immediately\nsurrender to a police officer:\n(a) the suspended approval; and\n(b) any prohibited weapon or body armour in respect of which the\napproval was granted.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n18E Suspension on making of interim domestic violence order or\ninterim personal violence restraining order\n(1) An approval is automatically suspended on the making of an interim\ndomestic violence order or interim personal violence restraining\norder against the holder of the approval and the suspension\nremains in force until the order is confirmed, replaced or revoked.\n\nPart 3A Suspension and revocation of approval\nWeapons Control Act 2001 21\n(2) If an approval is automatically suspended under subsection (1), the\nholder of the approval must immediately surrender to a police\nofficer:\n(a) the suspended approval; and\n(b) any prohibited weapon or body armour in respect of which the\napproval was granted.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n18F Revocation of approval\n(1) An approval is automatically revoked:\n(a) on a final domestic violence order, a personal violence\nrestraining order or an order to keep the peace being made\nagainst the holder of the approval; or\n(b) on the holder being found guilty of a disqualifying offence, an\noffence of violence or an offence against this Act or the\nFirearms Act 1997.\n(2) If an approval is revoked automatically under subsection (1), the\nperson who was the holder must immediately surrender to a police\nofficer:\n(a) the revoked approval; and\n(b) any prohibited weapon or body armour in respect of which the\napproval was granted.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(3) The Commissioner must, by written notice, revoke an approval if\nsatisfied that:\n(a) the holder fails to comply with a condition of the approval\nimposed under this Act or prescribed by regulation; or\n(b) the loss or theft of any prohibited weapon or body armour\npossessed under the approval, was due to the negligence or\nfraud of the holder.\nNote for subsection (3)\nThe Commissioner is also required to revoke an approval in the circumstances\nmentioned in section 18G.\n\nPart 3A Suspension and revocation of approval\nWeapons Control Act 2001 22\n(4) The Commissioner may, by written notice, revoke an approval if:\n(a) the holder would be refused an approval of the same type; or\n(b) the holder supplied information that was false or misleading in\na material particular in connection with the application for the\napproval; or\n(c) the holder is found guilty of an offence against a law in force in\nthe Territory, a State or another Territory, (whether committed\nbefore or after the grant of the approval) relating to a\nprohibited weapon or body armour or any other offence that, in\nthe opinion of the Commissioner, would render the holder not\na fit and proper person to possess or use a prohibited weapon\nor body armour; or\n(d) the holder contravenes a condition of the approval; or\n(e) the Commissioner is of the opinion that the holder is no longer\na fit and proper person to hold the approval.\n(5) The revocation of an approval under subsection (3) or (4) takes\neffect when notice is served on the holder or on a later date\nspecified in the notice, whether or not an application is lodged for\nreview of the decision to revoke the approval.\n(6) If an approval is revoked by the Commissioner under subsection (3)\nor (4), the person who was the holder must surrender:\n(a) the revoked approval to a police officer immediately; and\n(b) any prohibited weapon or body armour in respect of which the\napproval was granted to a police officer either:\n(i) immediately after receiving the notice under\nsubsection (3) or (4); or\n(ii) if the notice allows the person time to surrender the\nprohibited weapon or body armour to a police officer –\nwithin the time allowed in the notice.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(7) In this section:\ndomestic violence order, see section 4 of the Domestic and\nFamily Violence Act 2007.\n\nPart 3A Suspension and revocation of approval\nWeapons Control Act 2001 23\nfinal domestic violence order means:\n(a) a domestic violence order other than an interim domestic\nviolence order; or\n(b) a registered external order.\npersonal violence restraining order means:\n(a) a personal violence restraining order made under the Personal\nViolence Restraining Orders Act 2016; or\n(b) a similar order made in a State or another Territory.\nregistered external order, means an external order as defined in\nsection 4 of the Domestic and Family Violence Act 2007, that is\nregistered, as defined in section 4 of that Act.\n18G Revocation on basis of criminal intelligence\n(1) The Commissioner must, by written notice, revoke an approval if\nthe Commissioner is of the opinion, having regard to any criminal\nintelligence or other information the Commissioner holds about the\nholder of the approval that:\n(a) the holder is a risk to public safety; and\n(b) the holding of the approval would be contrary to the public\ninterest.\n(2) The Commissioner is not, under this or any other Act or law,\nrequired to give reasons for revoking an approval on the grounds\nmentioned in subsection (1).\n(3) If an approval is revoked by the Commissioner under\nsubsection (1), the person who was the holder must surrender:\n(a) the revoked approval to a police officer immediately; and\n(b) any prohibited weapon or body armour in respect of which the\napproval was granted to a police officer either:\n(i) immediately after receiving the notice under\nsubsection (1); or\n\nPart 3A Suspension and revocation of approval\nWeapons Control Act 2001 24\n(ii) if the notice allows the person time to surrender the\nprohibited weapon or body armour to a police officer –\nwithin the time allowed in the notice.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n18H Notice of suspension or revocation\n(1) If an approval is suspended or revoked under a provision of this\nAct, other than section 18G, the Commissioner must cause written\nnotice of the suspension or revocation to be served personally on\nthe holder of the approval.\n(2) The notice mentioned in subsection (1) must:\n(a) state that the approval is suspended or revoked and the\nreasons for suspending or revoking it; and\n(b) in the case of a suspension – request the holder to provide the\nCommissioner with reasons why the approval should not be\nsuspended; and\n(c) in the case of a revocation – specify the time when the\nprohibited weapon or body armour in respect of which the\napproval was granted must be surrendered.\n18J Seizure\nAt the time of serving a notice suspending or revoking an approval\nunder a provision of this Act or after an automatic revocation under\nsection 18F(1), a police officer may, without a warrant and using the\nforce that is necessary and with any necessary assistance, enter\npremises, a vessel, vehicle, aircraft or other place to search for and\nseize any prohibited weapon or body armour in the possession of\nthe holder of the approval that was suspended or revoked.\n18K Voluntary surrender of approval\n(1) The holder of an approval may, by written notice to the\nCommissioner, surrender the approval.\n(2) The holder must include with the notice under subsection (1):\n(a) the approval; or\n(b) a statutory declaration setting out the reasons why the\napproval is not accompanying the notice.\n\nPart 3A Suspension and revocation of approval\nWeapons Control Act 2001 25\n(3) Immediately after giving a notice under subsection (1), the holder\nmust surrender any prohibited weapon or body armour possessed\nunder the approval.\n(4) The surrender of an approval under subsection (1) takes effect\nwhen the notice is received by the Commissioner.\n(5) After an approval is surrendered under subsection (1), a police\nofficer may, without a warrant and using the force that is necessary\nand with any necessary assistance, enter premises, a vessel, a\nvehicle, an aircraft or any other place to search for and seize any\nprohibited weapon or body armour in the possession of the holder\nof the approval that was surrendered.\n18L Suspension by police officer\n(1) A police officer in charge of a police station or of or above the rank\nof Senior Sergeant may, by written notice served on the holder of\nan approval, suspend the approval if:\n(a) the holder requests the suspension; or\n(b) the holder is charged with an offence against a law in force in\nthe Territory, a State or another Territory relating to a\nprohibited weapon or body armour in respect of which the\napproval was granted (or any other offence that, in the opinion\nof the Commissioner would, if the holder is found guilty, render\nthe holder not a fit and proper person to possess or use a\nprohibited weapon or body armour) and is awaiting the\nhearing of the charge; or\n(c) the police officer believes on reasonable grounds that the\nholder is suffering from a physical or mental infirmity or\nincapacity and, as a result of possessing the prohibited\nweapon or body armour in respect of which the approval was\ngranted, may be a danger to the safety of the holder or to\nanother person, or to property; or\n(d) the police officer receives a report under section 23B; or\n(e) the police officer believes on reasonable grounds that the\nholder made a statement that is false or misleading in a\nmaterial particular in the application for the approval; or\n(f) the police officer suspects on reasonable grounds that a\ncondition of the approval was contravened.\n(2) The suspension under subsection (1) may be for a specified period\nor until conditions specified in the notice are complied with.\n\nPart 3A Suspension and revocation of approval\nWeapons Control Act 2001 26\n(3) The holder of the approval must, immediately after receiving a\nnotice under subsection (1) or (2), or not later than the period\nspecified in the notice, surrender to a police officer:\n(a) the approval; and\n(b) any prohibited weapon or body armour to which the approval\nrelates.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(4) If the holder does not comply with the notice, a police officer may,\nwithout a warrant:\n(a) enter any place where the officer believes on reasonable\ngrounds any prohibited weapon or body armour to which the\napproval relates may be found; and\n(b) search the place and seize any prohibited weapon or body\narmour.\n(5) The police officer may exercise the powers in subsection (4) with\nthe assistance, and using the force, that is reasonably necessary in\nthe circumstances.\n18M Restriction on further approvals\n(1) If the Commissioner refuses to grant or revokes an approval, the\napplicant or the holder may not apply for a further approval:\n(a) until any conditions specified in the notice of refusal or\nrevocation are met; or\n(b) during the period specified in the notice.\n(2) A person must, immediately after receiving a notice under\nsubsection (1) or not later than the period specified in the notice,\nsurrender to a police officer:\n(a) the approval; and\n(b) any prohibited weapon or body armour to which the approval\nrelates.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n\nPart 4 Search without warrant and forfeiture\nWeapons Control Act 2001 27\nPart 4 Search without warrant and forfeiture\n19 Search without warrant\n(1) Subsection (2) applies in relation to a person in a public place or\nschool if:\n(a) a police officer has reasonable grounds to suspect that the\nperson is carrying, or has in his or her possession, a\nprohibited weapon, controlled weapon, offensive weapon or\nbody armour contrary to this Act; and\n(b) the officer informs the person of the grounds for his or her\nsuspicion.\n(2) A police officer may without warrant:\n(a) search a person to whom this subsection applies for a\nprohibited weapon, controlled weapon, offensive weapon or\nbody armour; and\n(b) search a vehicle, vessel, package or thing in the person's\npossession or under the person's control for a prohibited\nweapon, controlled weapon, offensive weapon or body\narmour; and\n(c) seize and detain a prohibited weapon, controlled weapon,\noffensive weapon or body armour that the officer finds on the\nperson or on or in the vehicle, vessel, package or thing.\n(3) Nothing in this section limits or prevents the exercise of a power\ngranted to a police officer under any other Act.\n20 Forfeiture by courts\n(1) If a person is found guilty of an offence against section 6, 7, 8, 9,\n10, 13 or 14(5):\n(a) the court may order that the weapon or body armour to which\nthe offence relates be returned to a specified person; or\n(b) if the court does not make an order under paragraph (a) – the\nweapon or body armour to which the offence relates is\nforfeited to the Territory.\n(2) The court may only make an order under subsection (1)(a) if:\n(a) the person to whom the weapon or body armour is to be\nreturned is not the person found guilty of the offence; and\n\nPart 4 Search without warrant and forfeiture\nWeapons Control Act 2001 28\n(b) the person to whom the weapon or body armour is to be\nreturned is, in the opinion of the court, the owner of the\nweapon or body armour; and\n(c) the court is satisfied that the person to whom the weapon or\nbody armour is to be returned is authorised to possess the\nweapon or body armour under this Act.\n(3) The Commissioner may destroy or dispose of an object forfeited\nunder subsection (1)(b) as the Commissioner thinks fit.\n(4) If a person is found guilty of an offence in relation to an object that\nhas been forfeited under subsection (1)(b), the object is not to be\ndestroyed or disposed of:\n(a) until the period for an appeal against the finding of guilt in\nrelation to the offence has elapsed; or\n(b) if an appeal against the finding of guilt in relation to the\noffence is lodged – unless the appeal is dismissed.\n21 Return of goods if prosecution does not occur\n(1) Subsection (2) applies to a prohibited weapon, controlled weapon,\noffensive weapon or body armour that has been seized by a police\nofficer in relation to an alleged offence by a person against this Act,\nif it has not been destroyed under section 116KM of the Police\nAdministration Act 1978.\n(2) The Commissioner must return a weapon or body armour to which\nthis subsection applies to the person from whom it was seized or, if\nthe lawful owner is known to be another person, the lawful owner if:\n(a) proceedings for the alleged offence are not commenced within\n6 months after the seizure; or\n(b) a decision is made within 6 months after the seizure not to\nbring proceedings for the alleged offence.\n(3) Subsection (2) does not apply to a prohibited weapon or body\narmour unless there is in force an exemption under section 12, or\nan approval, authorising the person to whom under that subsection\nthe weapon or body armour is required to be returned to possess\nthe prohibited weapon or body armour.\n22 Procedure for return of goods if prosecution does not occur\n(1) The Commissioner or a person authorised by the Commissioner\nmust notify in accordance with subsection (2) a person to whom\nsection 21(1) applies.\n\nPart 5 Miscellaneous matters\nWeapons Control Act 2001 29\n(2) The notice must specify that the person to whom the notice relates\nmay, within 7 days after the notice is given, apply to the\nCommissioner or authorised person for the return of the prohibited\nweapon, controlled weapon, offensive weapon or body armour\nspecified in the notice.\n(3) If a person does not apply within 7 days after notice is given under\nsubsection (1) for the return of an object specified in the notice, the\nobject is forfeited to the Territory.\n(4) If a person applies within 7 days after notice is given under\nsubsection (1) for the return of the object specified in the notice, the\nCommissioner or a person authorised by the Commissioner must, if\nrequired by this Act to return the object, give the person notice in\naccordance with subsection (5).\n(5) The notice must specify that the object to which the notice relates\nmay be collected by the person specified in the notice from the\npolice station specified in the notice within 21 days after the notice\nis given.\n(6) An object may only be returned to a person under this section by\nbeing collected by the person from the police station at which it is\nkept within the time specified in the notice under subsection (4).\n(7) An object must not be returned under this section to a person under\n18 years of age unless the person's parent or guardian is with him\nor her when it is returned.\n(8) Notice under this section may be given in person, by telephone or\nby post.\nPart 5 Miscellaneous matters\n23 Amnesty\n(1) The Commissioner may, by Gazette notice, declare that a provision\nof this Act or the Regulations does not apply in relation to an object,\nor a class of objects, specified in the declaration, for the period\nspecified in the declaration.\n(2) A declaration under subsection (1) may be subject to the conditions\nspecified in the declaration.\n\nPart 5 Miscellaneous matters\nWeapons Control Act 2001 30\n(3) A provision of this Act or the Regulations that is specified in a\ndeclaration under subsection (1) does not apply to a person for the\nperiod specified in the declaration:\n(a) in relation to the object or class of objects specified in the\ndeclaration; or\n(b) if a condition is specified in the declaration – in relation to the\nobject or class of objects specified in the declaration, if the\nperson complies with and does not contravene the condition.\n23A Immunity\n(1) The Commissioner and police officers are not civilly liable for an\nact done or omitted to be done by them in good faith in the exercise\nof a power or performance of a function under this Act.\n(2) The Commissioner and police officers are not criminally responsible\nfor an offence against this Act or the Criminal Code if:\n(a) the Commissioner or police officer is, at the time of the\noffence, exercising a power or performing a function under this\nAct; and\n(b) the conduct is reasonable in the circumstances for exercising\nthat power or performing that function.\n(3) Subsections (1) and (2) do not affect any liability the Territory\nwould, apart from those subsections, have for the act or omission.\n(4) In this section:\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n23B Report to be made in certain circumstances\n(1) A health practitioner or a professional counsellor or social worker\nwho believes on reasonable grounds that, in the interests of public\nsafety, a person is not a fit and proper person to possess or use a\nprohibited weapon or body armour must report to a police officer\nthe belief and the material facts on which the belief is based.\n\nPart 5 Miscellaneous matters\nWeapons Control Act 2001 31\n(2) If a person, acting in good faith, makes a report under or in\npurported compliance with subsection (1):\n(a) the report is not to be taken to be a breach of confidence or of\nprofessional etiquette or ethics or of a rule of professional\nconduct; and\n(b) no civil or criminal liability is incurred by reason only of the\nmaking of the report.\n(3) In this section:\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law to practise in a health\nprofession, other than as:\n(a) a diagnostic radiographer in the diagnostic radiographer\ndivision of the medical radiation practice profession; or\n(b) a student.\n23C Disclosure of information\n(1) If the Commissioner or a court suspends or revokes an approval\ngranted in relation to (or conditional on) the employment of the\nholder of the approval, the Commissioner must inform the relevant\nemployer of the holder of the suspension or revocation.\n(2) No civil or criminal liability arises from the provision of information\nunder this section.\n23D Approved training\nThe Commissioner may approve training courses and instructors\nfor training related to prohibited weapons and body armour.\n23E No review\nDespite any other law of the Territory, in relation to a decision of the\nCommissioner under section 15(2B) or 18G(1):\n(a) no person or body is entitled to investigate, inquire into, review\nor otherwise call into question the decision; and\n(b) no proceedings for an appeal, an injunction, a declaration or\nan order for prohibition or mandamus are to be brought in\nrelation to the decision.\n\nPart 6 Transitional matters for Firearms and Weapons Control Legislation\nAmendment Act 2023\nWeapons Control Act 2001 32\n24 Duplicate approvals or specific purchase authorities\n(1) If an approval or a specific purchase authority is lost, damaged or\ndestroyed, the holder of the approval or authority may apply to the\nCommissioner for the issue of a duplicate approval or authority.\n(2) An application under subsection (1) is to:\n(a) be on the approved form; and\n(b) be accompanied by the prescribed fee.\n(3) The Commissioner may, if he or she receives an application under\nsubsection (1), issue to the applicant a duplicate of the approval or\nauthority issued under this Act.\n25 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\nPart 6 Transitional matters for Firearms and Weapons\nControl Legislation Amendment Act 2023\n26 Conditions of existing approvals\n(1) An approval that is in force immediately before the commencement\nis subject to the conditions mentioned in section 16 as inserted by\nthe amending Act.\n(2) In this section:\namending Act means Firearms and Weapons Control Legislation\nAmendment Act 2023.\ncommencement means the commencement of Part 3 of the\namending Act.\n\nENDNOTES\nWeapons Control Act 2001 33\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nWeapons Control Act 2001 (Act No. 25, 2001)\nAssent date 19 July 2001\nCommenced 8 August 2001 (Gaz G31, 8 August 2001, p 8)\nStatute Law Revision Act 2003 (Act No. 12, 2003)\nAssent date 18 March 2003\nCommenced 18 March 2003\nWeapons Control Amendment Act 2005 (Act No. 48, 2005)\nAssent date 14 December 2005\nCommenced 1 February 2006 (Gaz G5, 1 February 2006, p 3)\nJustice and Other Legislation Amendment Act 2011 (Act No. 25, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nPenalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27,\n2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nEducation Act 2015 (Act No. 28, 2015)\nAssent date 10 December 2015\nCommenced pt 6, divs 2 and 4 and pt 7: 1 April 2016; pt 3: 1 July 2016;\nrem: 1 January 2016 (s 2)\n\nENDNOTES\nWeapons Control Act 2001 34\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No.9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April, 2016)\nPersonal Violence Restraining Orders Act 2016 (Act No. 10, 2016)\nAssent date 29 April 2016\nCommenced pt 4, div 5: 29 April 2016; rem: 1 May 2016 (s 2, s 2 Local\nCourt (Repeals and Related Amendments) Act 2016 (Act\nNo. 9, 2016) and Gaz S34, 29 April 2016)\nFirearms and Weapons Control Legislation Amendment Act 2016 (Act No. 27, 2016)\nAssent date 13 July 2016\nCommenced 12 October 2016 (Gaz G41, 12 October 2016, p 2)\nWeapons Control Amendment Act 2021 (Act No. 3, 2021)\nAssent date 5 March 2021\nCommenced 6 March 2021 (s 2)\nPolice Legislation Further Amendment Act 2023 (Act No. 18, 2023)\nAssent date 17 August 2023\nCommenced 21 September 2023 (Gaz S67, 20 September 2023)\nFirearms and Weapons Control Legislation Amendment Act 2023 (Act No. 32, 2023)\nAssent date 6 December 2023\nCommenced pt 3: 3 May 2024 (Gaz S35, 2 May 2024) (Gaz S35 published\n2 May 2024, revokes the commencement notice dated\n8 April 2024 and published in Gaz G9, 26 April 2024);\nrem: 7 December 2023 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 12 and 15.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 25, 2011, s 21\ns 3 amd No. 12, 2003, s 13; No. 48, 2005, s 4; No. 25, 2011, s 21; No. 28, 2015,\ns 195; No. 3, 2021, s 4; No. 18, 2023, s 15; No. 32, 2023, s 38\ns 3A ins No. 3, 2021, s 5\ns 5 amd No. 25, 2011, s 21; No. 32, 2023, s 39\ns 6 amd No. 25, 2011, s 21; No. 27, 2011, s 4\ns 7 amd No. 48, 2005, s 5; No. 25, 2011, s 21; No. 27, 2011, s 4\ns 7A ins No. 48, 2005, s 6\namd No. 25, 2011, s 21; No. 27, 2011, s 4\nss 8 – 9 amd No. 25, 2011, s 21; No. 27, 2011, s 4\ns 10 amd No. 25, 2011, s 21; No. 27, 2011, s 4; No. 32, 2023, s 40\ns 11 amd No. 25, 2011, s 21; No. 27, 2011, s 4; No. 32, 2023, s 41\nss 11A – 11B ins No. 48, 2005, s 7\namd No. 25, 2011, s 21; No. 27, 2011, s 4\ns 12 amd No. 25, 2011, s 21; No. 27, 2014, s 57; No. 27, 2016, s 7; No. 32, 2023,\ns 42\ns 13 amd No. 25, 2011, s 21; No. 27, 2011, s 4; No. 32, 2023, s 43\n\nENDNOTES\nWeapons Control Act 2001 35\ns 14 amd No. 25, 2011, s 21; No. 27, 2011, s 4; No. 27, 2016, s 8; No. 32, 2023,\ns 44\ns 15 amd No. 25, 2011, s 20; No. 9, 2016, s 160; No. 10, 2016, s 43; No. 32,\n2023, s 45\ns 16 rep No. 32, 2023, s 46\ns 17 amd No. 25, 2011, s 21; No. 27, 2011, s 4\ns 18 amd No. 32, 2023, s 47\nss 18A – 18C ins No. 32, 2023, s 48\npt 3A hdg ins No. 32, 2023, s 48\nss 18D – 18M ins No. 32, 2023, s 48\ns 19 amd No. 48, 2005, s 8; No. 25, 2011, s 21\ns 20 amd No. 25, 2011, s 21\ns 21 amd No. 25, 2011, s 21; No. 18, 2023, s 16\ns 22 amd No. 25, 2011, s 21\npt 5 hdg amd No. 25, 2011, s 21\ns 23 amd No. 25, 2011, s 21\nss 23A – 23E ins No. 32, 2023, s 49\npt 6 hdg ins No. 32, 2023, s 50\ns 26 ins No. 32, 2023, s 48","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded through amendments. Notably, the definition and regulation of body armour was inserted (s3A, added by Weapons Control Amendment Act 2021 (No. 3, 2021) — see endnotes: \"s3A ins No. 3, 2021, s 5\"); Part 3A (s18D–18M) and ss18A–18C, and ss23A–23E were inserted by the Firearms and Weapons Control Legislation Amendment Act 2023 (No. 32, 2023) (endnotes: \"ss 18A – 18C ins No. 32, 2023, s 48\"; \"ss 18D – 18M ins No. 32, 2023, s 48\"; \"s 23A – 23E ins No. 32, 2023, s 49\"). Those 2023 amendments strengthened suspension/revocation powers (including revocation on criminal intelligence, s18G), added automatic suspension on interim orders (s18E), introduced mandatory notification and production rules (ss18A–18C) and introduced a no‑review clause for certain Commissioner decisions (s23E). Amendments to purchase/sale provisions were also made in 2023 (see endnotes: s10 amd No. 32, 2023, s 40; s11 amd No. 32, 2023, s 41), broadening the regulatory perimeter and administrative control."},"complexity_factors":["Multiple overlapping categories to regulate (prohibited weapons, controlled weapons, offensive weapons, and body armour) increasing classification complexity (definitions: s3, s3A, s6, s7, s8, s9).","Two‑step permission model: general approval plus separate time‑limited specific purchase authorities for each type/quantity (s10(2)–(11), s14(2), s14(2B)).","Broad administrative discretion allowing grant, variation, suspension and revocation of approvals on public‑interest or safety grounds, and based on criminal intelligence without reasons (s15(2B), s18D, s18F, s18G(1)–(2)).","Automatic administrative effects tied to interim and final violence orders (automatic suspension on interim DVO/PVRO: s18E; automatic revocation on final orders: s18F(1)(a)).","Significant enforcement powers for police: warrantless search/seizure in public places and after suspension/revocation, and power to require production of weapons or approvals (s19, s18J, s18C, s18L(4)).","No‑review carve‑out for certain Commissioner decisions (s23E) increases legal finality and reduces judicial oversight for defined grounds.","Recordkeeping and notification duties with criminal penalties (sale records, notifications of change/loss/theft, carrying approvals and producing on request: s11(2)–(4), s18A, s18B, s18C).","Interstate transaction rules and defences create cross‑jurisdictional compliance burdens (s11B(1)–(6)).","Training and accreditation overlay (training approvals and entry requirements for some approvals require completed Commissioner‑approved courses: s13(2A), s23D).","Transitional and amendment history affecting scope and conditions (see s26 and endnotes showing multiple amending Acts), increasing interpretive complexity for existing approvals."],"plain_english_summary":"Regulates non‑firearm weapons and body armour in the Northern Territory by prohibiting import, manufacture, sale, possession and use except where an exemption or a Commissioner’s approval applies. It sets up an approvals and specific‑purchase authority regime, storage and recordkeeping duties, criminal penalties, and police powers to search, seize and inspect. The Commissioner has broad discretion to grant, suspend or revoke approvals (including automatic suspension or revocation linked to domestic violence orders and criminal intelligence). This affects individuals, sellers, employers, trainers and police."},"issue_detection":{"absurdities":[{"type":"other","section":"22(1), cross-referencing 21(1)","severity":"high","reasoning":"Section 21(1) states that subsection (2) applies to a seized weapon or body armour. Section 22(1) requires notification of 'a person to whom section 21(1) applies'. Section 21(1) creates no corresponding class of persons, so section 22(1) supplies no operative recipient.","confidence":0.99,"description":"The notification duty identifies its recipient through a cross-reference that applies only to an object.","source_quotes":["Subsection (2) applies to a prohibited weapon, controlled weapon, offensive weapon or body armour","must notify in accordance with subsection (2) a person to whom section 21(1) applies."]}],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2001 scope. Originally focused on basic regulation of prohibited weapons and body armour, the Act has expanded through multiple amendment Acts (particularly 2016 and 2023) to include: comprehensive domestic violence integration (automatic suspension/revocation linked to DVOs and PVROs); criminal intelligence-based decision-making with no-review clauses; interstate weapons trafficking controls; mandatory health practitioner reporting; and enhanced police powers for immediate suspension. The 2023 amendments added an entire new Part 3A (Suspension and revocation) and expanded the fit and proper person test to include suicide risk and 'intemperate habits'. The Act now functions as a sophisticated public safety and family violence prevention tool, not merely a weapons licensing scheme."},"complexity_factors":["Multiple overlapping categories of regulated items (prohibited weapons, controlled weapons, offensive weapons, body armour) with different rules for each","Extensive cross-referencing to other Acts (Firearms Act 1997, Domestic and Family Violence Act 2007, Personal Violence Restraining Orders Act 2016, Serious Crime Control Act 2009)","Nested exemption structure: general exemptions for prescribed persons (s.12), class exemptions by Gazette notice (s.12(5)-(6)), individual approvals (Part 3), and specific purchase authorities (s.10)","Complex suspension/revocation regime with both automatic triggers (domestic violence orders, convictions) and discretionary powers (criminal intelligence, public interest)","Non-reviewability clause (s.23E) creating absolute bar on judicial review for decisions based on criminal intelligence (s.15(2B), s.18G)","Multiple penalty tiers depending on offender type (individual vs body corporate) and time of offence (night-time doubles penalties for certain offences)","Interstate commerce provisions (s.11B) creating extraterritorial liability based on laws of other jurisdictions","Mandatory reporting scheme for health practitioners (s.23B) with immunity provisions"],"plain_english_summary":"**What this law does:**\n\nThe *Weapons Control Act 2001* (Northern Territory) regulates dangerous items that aren't firearms—specifically **prohibited weapons** (like crossbows, certain knives, or other items declared by regulation), **controlled weapons** (knives and axes), **offensive weapons** (items made or adapted to hurt people or damage property), and **body armour** (bulletproof vests and similar protective gear).\n\n**Who it affects:**\n\n*   **General public:** Most people cannot own, carry, or use prohibited weapons or body armour without special permission. Controlled weapons (like knives) can only be carried in public with a \"lawful excuse\"—such as for work, sport, or collecting—but **never for self-defence**.\n*   **Young people:** Special rules apply to those under 18. They generally cannot possess certain weapons (like crossbows), and there are restrictions on supplying weapons to them.\n*   **Police and security staff:** Correctional officers, police, defence force members, and certain other officials are exempt when acting in their official duties.\n*   **Dealers and sellers:** Anyone selling prohibited weapons or body armour must check that buyers have proper approvals, keep detailed records for 3 years, and comply with interstate sales restrictions.\n\n**How the system works:**\n\n*   **Approvals:** To legally possess prohibited weapons or body armour, you must apply to the Police Commissioner for an **approval** (valid up to 10 years, not renewable). You also need a separate **specific purchase authority** to buy each item.\n*   **Fit and proper person test:** The Commissioner can refuse approvals based on criminal history (disqualifying offences, violent offences), domestic violence orders, mental health concerns, or \"criminal intelligence\" suggesting the person is a public safety risk.\n*   **Automatic suspensions and revocations:** Approvals are automatically suspended if an interim domestic violence order is made, and automatically revoked if a final order is made or if the holder is convicted of certain offences. Police can also suspend approvals immediately in emergencies (e.g., mental health crises).\n*   **Conditions:** All approvals come with strict conditions, including safe storage requirements and allowing police inspections.\n\n**Why it matters:**\n\nThis law creates a licensing and tracking system for dangerous weapons that fall outside firearm laws. It aims to keep military-style equipment, ballistic armour, and dangerous blades off the streets while allowing legitimate uses (such as for collectors, martial arts practitioners, or security professionals). The 2023 amendments significantly strengthened domestic violence protections by linking weapons approvals to family violence orders, and expanded police powers to suspend or revoke access based on public safety intelligence."}},"importantCases":[],"_links":{"self":"/api/acts/weapons-control-act-2001","history":"/api/acts/weapons-control-act-2001/history","analysis":"/api/acts/weapons-control-act-2001/analysis","conflicts":"/api/acts/weapons-control-act-2001/conflicts","importantCases":"/api/acts/weapons-control-act-2001/important-cases","documents":"/api/acts/weapons-control-act-2001/documents"}}