Part 13Miscellaneous

Part 13—Miscellaneous 67—Firearms clubs, commercial range operators and paint-ball operators The regulations may make provision in relation to— (a) the recognition of firearms clubs, commercial range operators and paint-ball operators; and (b) the approval of— (i) grounds of recognised firearms clubs; and (ii) ranges of recognised commercial range operators; and (iii) grounds of recognised paint-ball operators; and (c) applications for, and conditions of, recognition of clubs or operators or approval of grounds or ranges; and (d) the variation of conditions of recognition of clubs or operators or approval of grounds or ranges; and (e) the revocation of recognition of clubs or operators or approval of grounds or ranges; and (f) the keeping of records and the furnishing of information and documents to the Registrar by— (i) recognised firearms clubs; and (ii) recognised commercial range operators; and (iii) recognised paint-ball operators; and (g) the membership of recognised firearms clubs, including the expulsion of members; and (h) mandatory reporting obligations of recognised firearms clubs, recognised commercial range operators or recognised paint-ball operators with respect to prescribed matters or circumstances; and (i) entry into, and inspection of, the grounds of recognised firearms clubs and paint-ball operators and ranges of recognised commercial range operators by the Registrar or a person authorised by the Registrar for the purposes of determining applications for approval, reviewing approvals or determining whether conditions of approvals are being or have been contravened; and (j) any other matter relating to— (i) recognised firearms clubs, recognised commercial range operators or recognised paint-ball operators; or (ii) the approved grounds or ranges of recognised firearms clubs, recognised commercial range operators or recognised paint-ball operators. 68—Offence to misuse, forge etc authorisation (1) A person is guilty of an offence if the person— (a) falsely represents himself or herself to be the holder of an authorisation (whether or not it is in force); or (b) gives possession of an authorisation to another person for the purpose of its unlawful use; or (c) steals an authorisation; or (d) forges or fraudulently alters an authorisation; or (e) knowingly has possession of, or uses, a forged, fraudulently altered, borrowed or stolen authorisation. (2) In this section— authorisation means a licence, permit, authorisation or approval under this Act or under corresponding legislation of another State or Territory of the Commonwealth. 69—False or misleading information (1) A person is guilty of an offence if the person makes a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act. (a) if the person is a licensed dealer and the statement is included in information provided or a record kept in the ordinary course of the business of the licensed dealer—$20 000 or imprisonment for 4 years; (b) in any other case—$10 000 or imprisonment for 2 years. (2) It is a defence to a charge under subsection (1) to prove that the defendant believed on reasonable grounds that the information was true. 70—Statutory declaration If a person is required to provide information to the Registrar under this Act, the Registrar may require the information to be verified by statutory declaration and, in that event, the person will be taken not to have provided the information as required unless it has been verified in accordance with the requirements of the Registrar. 71—Liability for act or default of officer, employee or agent For the purposes of this Act, an act or default of an officer, employee or agent of a person will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority. 72—Offences by companies (1) If a company is guilty of an offence under this Act, the directors of the company and the company's principal nominee (if any) are each guilty of an offence and liable to the same penalty as may be imposed for the principal offence when committed by a natural person unless it is proved that the director or nominee (as the case may be) could not, by the exercise of reasonable diligence, have prevented the commission of the principal offence by the company. (2) A director or company's principal nominee may be prosecuted and convicted of an offence under this section whether or not there has been a finding by a court that the company committed the principal offence. 73—Accessories and conspiracy (1) A person must not, in this State— (a) aid, abet, counsel or procure the commission of an offence in any place outside this State, being an offence punishable under the provisions of a law in force in that place that corresponds to a provision of this Act; or (b) conspire with another to commit an offence in any place outside this State, being an offence punishable under the provisions of a law in force in that place that corresponds to a provision of this Act (whether the other conspirator is in this State or elsewhere). (2) The maximum penalty for an offence under subsection (1) is the same penalty or forfeiture that the person would be subject to if the offence concerned had been committed in this State. (3) A person must not conspire with another to commit an offence under this Act (whether the other conspirator is in this State or elsewhere). (4) The maximum penalty for an offence under subsection (3) is the same penalty or forfeiture that the person would be subject to for the offence he or she conspired to commit. 74—Evidentiary provisions (1) In proceedings for an offence under this Act or other legal proceedings, an apparently genuine document purporting to be signed by the Registrar and to certify that, at a specified time— (a) a firearms prohibition order applied to, or was in force against, a person; or (b) a person was, or was not, the holder of a licence; or (c) a licence was for a specified category or conferred specified authority or was subject to specified limitations or conditions; or (d) a licence was suspended or cancelled; or (e) a person was disqualified from holding or obtaining a licence or permit; or (f) a person was, or was not, the holder of a specified permit; or (g) a permit was suspended or cancelled; or (h) a permit was subject to specified conditions; or (i) a firearm was, or was not, registered; or (j) a person was, or was not, the registered owner of a firearm; or (k) a public safety notice applied to premises; or (l) a person was, or was not, approved as a company's principal or secondary nominee; or (m) a person or body was, or was not, a collectors' club, shooting club, paint‑ball operator or commercial range operator; or (n) a firearms club, paint‑ball operator or commercial range operator was, or was not, a recognised firearms club, recognised paint‑ball operator or recognised commercial range operator; or (o) the grounds of a recognised firearms club or recognised paint‑ball operator were, or were not, approved under this Act; or (p) the range of a recognised commercial range operator was, or was not, approved under this Act; or (q) a person was, or was not, approved or authorised for a purpose under this Act; or (r) an approval or authorisation under this Act was subject to specified conditions; or (s) a person was, or was not, the holder of a specified exemption under this Act; or (t) an exemption under this Act was subject to specified conditions; or (u) information (including records or agreements) required to be kept, retained or provided to the Registrar under this Act had not been kept, retained or provided as required, is to be accepted, in the absence of proof to the contrary, as proof of the matter so certified. (2) In proceedings for an offence under this Act or other legal proceedings, an apparently genuine document purporting to be signed by the relevant authority under corresponding legislation of another State or Territory of the Commonwealth and to certify that, at a specified time— (a) a specified order (similar to a firearms prohibition order) was in force against a person under that legislation; or (b) a person was, or was not, the holder of a licence, permit, approval or other authorisation under that legislation; or (c) that a firearm was, or was not, registered under that legislation, is to be accepted, in the absence of proof to the contrary, as proof of the matter so certified. 75—General defence (1) It is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. (2) This section does not apply in relation to a person who is charged with an offence under any of the following provisions: (a) section 9; (b) section 19; (c) section 22; (d) section 37; (e) section 45. 76—Form of licences, permits etc (1) Subject to this Act, a firearms licence, permit, approval, exemption or other authority granted by the Registrar under this Act must be in writing in a form determined by the Registrar. (2) The regulations may set out requirements and procedures in relation to photographic licences, including by empowering the Registrar to issue interim licences and take measures for non-compliance with any requirements or procedures (including, without limitation, cancelling or suspending the licence). (3) Terms used in this Act will have the same respective meanings when used in a firearms licence or other document issued by the Registrar under this Act. 77—Service of notices (1) Unless otherwise provided by this Act, a notice or other document required or authorised to be given to or served on a person under this Act may be given or served as follows: (a) by personal service on the person or the agent of the person; (b) by leaving it for the person at his or her place of residence or, in the case of a company, at the company's registered office, with someone apparently over the age of 16 years; (c) by serving it by registered post on the person or an agent of the person at his or her last known address; (d) by transmitting it by fax or email to a fax number or email address provided by the person to the Registrar for the purpose (in which case the notice or document will be taken to have been given or served at the time of transmission). (2) Service by post is effected by addressing, prepaying and posting the notice or document and service will be taken to have occurred when the notice or document, or notice that the notice or document is available for collection, would be delivered in the ordinary course of post. 78—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) make provision for the making of applications for, and the grant, variation and cancellation of, and the imposition of conditions or limitations on, permits and other authorisations granted under the regulations; and (b) make provision in relation to mandatory reporting and other obligations of medical practitioners, employers, licensees, firearm owners and other specified persons in relation to prescribed matters or circumstances; and (c) make provision for procedures, specifications and requirements in respect of applications for, and granting and revocation of, approval of company nominees; and (d) make provision in relation to the advertising of firearms for sale; and (e) make provision with respect to the keeping of records and other documents or the furnishing of information and documents (including by electronic means) to the Registrar; and (f) regulate the keeping and form of registers; and (g) prescribe, and provide for the payment, recovery, waiver, reduction or refund of, fees for the purposes of this Act; and (h) without derogating from the power to declare that a contravention of a code of practice is of a particular category under Part 6— (i) prescribe expiation fees not exceeding $1 250 for alleged offences under this Act; and (ii) prescribe fines not exceeding $5 000 for offences against the regulations. (3) A regulation under this Act may confer discretionary powers. (4) The regulations may be of general application or vary in their application according to prescribed factors. (5) The regulations may include evidentiary provisions to facilitate proof of breaches of the regulations for the purposes of proceedings for offences against this Act or the regulations. (6) A regulation under this Act may make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or specified regulations. (7) A provision referred to in subsection (6) may, if the regulations so provide, take effect from a day that is earlier than the day on which the regulation is made but, in such a case, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of publication of the regulation; or (b) to impose liabilities on any person (other than the Crown) in respect of any thing done or omitted to be done before the date of publication of the regulation.