Section retrieval-0005 - Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Bill 2026 - Document excerpt 5 | Zoe
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Authorised by the Parliamentary Counsel
[s 89]
Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals
Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
(a) a police officer gives an individual a
direction under section 141Q(2) or
141S(2)(b); and
(b) the individual fails to comply with the
direction.
(2) A police officer must, if practicable, warn the
person—
(a) it is an offence not to comply with the
direction unless the individual has a
reasonable excuse; and
(b) the individual may be arrested for the
offence.
(3) A police officer must give the person a further
reasonable opportunity to comply with the
direction.
89 Amendment of s 141U (Offence to contravene direction)
Section 141U(2)—
omit, insert—
(2) However, an individual does not commit an
offence against subsection (1) if—
(a) the subject of the firearm prohibition order
to which the direction relates is someone
other than the individual; or
(b) when the direction was given, the firearm
prohibition order to which the direction
relates had already been served on the
individual under section 141P.
90 Amendment of s 141V (Licenses, permits and approvals
automatically revoked if firearm prohibition order made)
Section 141V(4), from ‘effect—’—
omit, insert—
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Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals
Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
effect when a police officer serves the firearm
prohibition order or a copy of the order on the
individual under section 141P.
91 Amendment of s 141Y (Acquiring, possessing and using
firearms and firearm related items)
(1) Section 141Y(1), after ‘order’—
insert—
or a corresponding order
(2) Section 141Y(1), penalty, ‘500 penalty units or 13 years
imprisonment’—
omit, insert—
1,000 penalty units or 20 years imprisonment
(3) Section 141Y(2), after ‘order’—
insert—
or a corresponding order
(4) Section 141Y(2), penalty, ‘200 penalty units or 5 years
imprisonment’—
omit, insert—
300 penalty units or 7 years imprisonment
(5) Section 141Y(3), after ‘in relation to’—
insert—
the possession of
(6) Section 141Y(3)(a), after ‘order’—
insert—
or corresponding order
(7) Section 141Y(3)(b), ‘either’—
omit, insert—
for an individual subject to a firearm prohibition
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Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals
Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
order
(8) Section 141Y(3)—
insert—
(c) for an individual subject to a corresponding
order made under a corresponding law—the
individual complies with—
(i) a requirement under a provision of the
corresponding law that corresponds to
section 141W(3); or
(ii) a direction given under a provision of
the corresponding law that corresponds
to section 141W(4).
92 Amendment of s 141Z (Supply of firearms and firearm
related items)
(1) Section 141Z, after ‘firearm prohibition order’—
insert—
or a corresponding order
(2) Section 141Z, penalty, paragraph (a), ‘500 penalty units or 13
years imprisonment’—
omit, insert—
750 penalty units or 15 years imprisonment
(3) Section 141Z, penalty, paragraph (b), ‘200 penalty units or 5
years imprisonment’—
omit, insert—
300 penalty units or 7 years imprisonment
93 Amendment of s 141ZA (Attending particular premises
and events)
Section 141ZA(1), after ‘order’—
insert—
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Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals
Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
or a corresponding order
94 Replacement of s 141ZB (Notifying commissioner of
change of address)
Section 141ZB—
omit, insert—
141ZB Notifying commissioner of change of
address
(1) This section applies if an individual subject to a
firearm prohibition order changes their residential
address.
(2) The individual must, within 7 days of the day the
residential address changes, give the
commissioner written notice of the change in the
way prescribed by regulation.
Maximum penalty—300 penalty units or 7 years
imprisonment.
95 Amendment of s 141ZC (Definition for division)
(1) Section 141ZC, heading, ‘Definition’—
omit, insert—
Definitions
(2) Section 141ZC—
insert—
firearm prohibition order includes a
corresponding order.
96 Amendment of s 141ZE, hdg (Power to search
individuals)
Section 141ZE, heading, after ‘individuals’—
insert—
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Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals
Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
subject to firearm prohibition orders
97 Amendment of s 141ZF (Power to search vehicles)
Section 141ZF(2)(b), ‘and anyone in or on the vehicle’—
omit.
98 Insertion of new s 141ZGA
After section 141ZG—
insert—
141ZGA Power to search particular persons
(1) This section applies in relation to a person, other
than an individual who is subject to a firearm
prohibition order, if the person is—
(a) in the company of an individual who is
subject to a firearm prohibition order; or
(b) in or on a vehicle in relation to which
section 141ZF applies; or
(c) at premises in relation to which section
141ZG applies.
(2) A police officer may—
(a) stop and detain the person; or
(b) search the person, and anything in the
person’s possession, for a firearm or firearm
related item.
Note—
See the Police Powers and Responsibilities Act
2000, chapter 20, part 3 for safeguards that apply
to a search under this section.
(3) However, subsection (2)(b) applies only if a
police officer reasonably suspects that the
person—
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Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
(a) is committing or is about to commit an
offence against this Act; and
(b) possesses a firearm or firearm related item.
99 Omission of pt 5A, div 5 (Annual review of firearm
prohibition orders in relation to children)
Part 5A, division 5—
omit.
100 Omission of pt 5A, div 6 (Appeals)
Part 5A, division 6—
omit.
101 Amendment, relocation and renumbering of s 141ZT
(Confidentiality of criminal intelligence)
(1) Section 141ZT(1)—
omit, insert—
(1) This section applies in relation to the following
proceedings before a court or tribunal—
(a) a review under section 146;
(b) a review under the Judicial Review Act 1991
of a decision made in relation to the making
of a firearm prohibition order under section
141G;
(c) an appeal against a decision made in a
proceeding mentioned in paragraph (a) or
(b).
(2) Section 141ZT(2), (3), (4), (5)(b), (6) and (7), after ‘court’—
insert—
or tribunal
(3) Section 141ZT—
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[s 102]
Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals
Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
relocate to part 6, division 2 as inserted by this Act and
renumber as section 149A.
102 Amendment of s 141ZU (Records to be kept)
(1) Section 141ZU(2)(b)—
omit.
(2) Section 141ZU(2)(c) and (d)—
renumber as section 141ZU(2)(b) and (c).
(3) Section 141ZU(3)(d)—
omit, insert—
(d) whether the decision to make the order was
reviewed under part 6, division 2 or the
Judicial Review Act 1991 and, if so, the
outcome of the review;
(4) Section 141ZU(3)(f) to (i)—
omit.
(5) Section 141ZU—
insert—
(3A) Further, the register must include the following
particulars—
(a) details of any actions taken by a police
officer under division 4 in relation to a
firearm prohibition order or a corresponding
order, including any non-compliance with
the division by a police officer in taking the
action;
(b) details of any firearms or firearm related
items seized by a police officer in exercising
powers under division 4 in relation to a
firearm prohibition order or a corresponding
order;
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Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals
Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
(c) details of any charges made under this Act
against an individual subject to a firearm
prohibition order or a corresponding order;
(d) details of any charges made under another
Act against an individual subject to a
firearm prohibition order or a corresponding
order, if the charges arise from a search
under division 4.
(6) Section 141ZU(3A) to (5)—
renumber as section 141ZU(4) to (6).
103 Replacement of pt 6, hdg (Rights of review and other
appeals)
Part 6, heading—
omit, insert—
Part 6 Provisions relating to
reviews and appeals
104 Insertion of new pt 6, div 1, hdg
Part 6, before section 142—
insert—
Division 1 Provisions relating to
particular decisions
105 Amendment of s 142 (Right to apply for review of
decisions)
(1) Section 142, heading, after ‘review of’—
insert—
particular
(2) Section 142(2), note—
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Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals
Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
omit, insert—
Note—
For review rights in relation to firearm prohibition
orders, see division 2.
106 Amendment of s 142A (Confidentiality of criminal
intelligence)
Section 142A(3), definition criminal intelligence, ‘section
10B(1)(ca) or 10C(1)’—
omit, insert—
section 10B(1)(f) or 10C(1)(c)
107 Insertion of new pt 6, div 2
Part 6, after section 145—
insert—
Division 2 Provisions relating to
firearm prohibition orders
146 Right to apply for review of decisions to make
firearm prohibition orders
An individual subject to a firearm prohibition
order may apply, as provided under the QCAT
Act, to QCAT for a review of the decision to make
the order.
147 Effect of firearm prohibition orders not stayed
by particular proceedings
(1) This section applies to—
(a) an application under section 146 to review a
decision to make a firearm prohibition
order; or
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Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals
Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
(b) an application under the QCAT Act to
reopen a proceeding to review a decision to
make a firearm prohibition order; or
(c) an appeal under the QCAT Act against a
decision of QCAT to make a firearm
prohibition order or to confirm or amend a
decision to make a firearm prohibition order.
(2) To the extent the firearm prohibition order is in
effect immediately before the application is made
or the appeal is started, the making of the
application or the start of the appeal does not—
(a) affect the operation of the firearm
prohibition order; or
(b) prevent the taking of action in relation to the
firearm prohibition order.
148 When particular review decisions take effect
(1) A decision made by QCAT—
(a) under the QCAT Act, section 24(1)(a) to
confirm a decision made by the
commissioner to make a firearm prohibition
order; or
(b) under the QCAT Act, section 24(1)(b) to set
aside a decision made by the commissioner
to make a firearm prohibition order and to
substitute the commissioner’s decision with
its own decision to make a firearm
prohibition order;
has effect from when the commissioner’s decision
took effect.
(2) A decision made by QCAT—
(a) under the QCAT Act, section 24(1)(a) to
amend a decision made by the
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Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals
Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
commissioner to make a firearm prohibition
order; or
(b) under the QCAT Act, section 24(1)(b) to set
aside a decision made by the commissioner
to make a firearm prohibition order and to
substitute the commissioner’s decision with
its own decision not to make a firearm
prohibition order; or
(c) under the QCAT Act, section 24(1)(c) to set
aside a decision made by the commissioner
to make a firearm prohibition order and to
return the matter for reconsideration to the
commissioner;
has effect from when QCAT’s decision is made.
(3) To remove any doubt, it is declared that QCAT
can not make an order varying the effect of
subsection (1) or (2).
(4) This section applies despite the QCAT Act,
section 24(2)(b).
149 Application of QCAT Act
(1) Despite the QCAT Act, sections 22, 58, 138A,
145 and 152, neither QCAT nor a court may make
an order staying the operation of all or part of a
decision to make a firearm prohibition order,
including a decision made by QCAT or a court to
make, or to confirm a decision to make, a firearm
prohibition order.
(2) Despite the QCAT Act, section 43, a party to a
proceeding under section 146 to review a decision
to make a firearm prohibition order may be
represented in the proceeding by someone else.
(3) Despite the QCAT Act, section 90, a hearing of a
proceeding under section 146 to review a decision
to make a firearm prohibition order must be held
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Part 7 Amendment of Weapons Act 1990
in private if the order applies to a child.
(4) The QCAT Act, section 157 does not apply in
relation to a decision to make a firearm
prohibition order.
(5) The QCAT Act, sections 158 to 160 does not
apply in relation to a decision to make a firearm
prohibition order to the extent the decision is
made on the basis of criminal intelligence.
(6) The QCAT Act, sections 229(2) and (4) and
230(3) does not apply in relation to a part of the
register relating to, or a record kept for, a
proceeding in relation to a decision to make a
firearm prohibition order for an individual if,
when the decision was made, the individual was a
child.
(7) In this section—
record means a record of a proceeding kept under
the QCAT Act, section 230(1).
register means the register of proceedings kept
under the QCAT Act, section 229(1).
108 Amendment of s 161 (Proceedings for an offence)
Section 161(3A), ‘section 50B or 65’—
omit, insert—
section 50B, 56A or 65
109 Amendment of s 163 (Evidentiary provisions)
Section 163(1)—
insert—
(da) a certificate purporting to be signed by a
police officer of at least the rank of inspector
stating that, on a stated day or for a stated
period, a firearm prohibition order was or
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Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals
Amendment Bill 2026
Part 7 Amendment of Weapons Act 1990
was not in effect is evidence of the matter;
and
(db) a certificate purporting to be signed by a
police officer, of at least the rank of
inspector, of another State stating that, on a
stated day or for a stated period, a
corresponding order made under a law of
the State was or was not in effect is evidence
of the matter; and
110 Insertion of new pt 8, div 10
Part 8—
insert—
Division 10 Transitional and validation
provisions for Fighting
Antisemitism and Keeping
Guns out of the Hands of
Terrorists and Criminals
Amendment Act 2026
200 Definitions for division
In this division—
former, 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.
new, 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.
transitional provision means a provision of this
division.
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