129Requirements relating to exemption for unlicensed persons shooting on approved ranges and for persons undertaking firearms safety training courses

#### 129 Requirements relating to exemption for unlicensed persons shooting on approved ranges and for persons undertaking firearms safety training courses 129 Requirements relating to exemption for unlicensed persons shooting on approved ranges and for persons undertaking firearms safety training courses > > (1) The purpose of this clause is to prescribe requirements relating to the exemption under section 6B of the Act of persons from the requirement to be authorised by a licence or permit to possess or use a firearm. > > > (2) It is a condition of the approval under Part 8 of a shooting range that a club or range official must ensure that each person who, in accordance with section 6B (1) (a) of the Act, possesses or uses a firearm at the shooting range but who is not authorised by a licence or permit to do so completes and signs a form containing the following questions before the person uses any firearm at the shooting range— > > > > > (a) Have you, in New South Wales or elsewhere— > > > > > > > (i) been refused or prohibited from holding a firearms licence or permit or had a firearms licence or permit suspended, cancelled or revoked? > > > > > > > (ii) been the subject of a firearms prohibition order? > > > > > > > (iii) within the last 10 years, been convicted of an offence involving firearms, weapons, prohibited drugs, robbery, violence or terrorism? > > > > > > > (iv) within the last 10 years, been convicted of an offence of a sexual nature? > > > > > > > (v) within the last 10 years, been the subject of a family law or domestic violence order or an apprehended violence order (other than an order that was revoked)? > > > > > (b) Have you ever attempted suicide or self harm? > > > > > (c) Have you in the past 12 months been treated or referred for treatment for alcoholism, drug dependence, or a mental illness within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) or as a mentally disordered person within the meaning of that Act? > > > > > (d) Are you currently, in New South Wales or elsewhere— > > > > > > > (i) subject to a good behaviour bond? > > > > > > > (ii) subject to an interim apprehended violence order? > > > > > > > (iii) suffering from any mental illness or other disorder that may prevent you from using a firearm safely? > > > (3) It is a condition of the approval under clause 144 (4) of a person to be an instructor for a firearms safety training course that the person must ensure that each person who, in accordance with section 6B (1) (b) of the Act, possesses or uses a firearm while participating in the course but who is not authorised by a licence or permit to do so, completes and signs a form containing the questions set out in subclause (2) before the person uses any firearm as part of the course. > > > (4) It is a condition of any such approval referred to in subclause (2) or (3) that the club or range official, or the instructor, as the case requires, must— > > > > > (a) prevent a person from possessing or using a firearm at the shooting range, or as part of the course, if the person has answered “Yes” to any of the questions set out in subclause (2), and > > > > > (b) record the name, address and date of birth of each person who possesses or uses a firearm at the shooting range, or as part of the course, in accordance with section 6B of the Act, and > > > > > (c) make available for inspection, by a police officer, or another member of the NSW Police Force designated in writing by the Commissioner, any record made under paragraph (b) and any completed and signed forms under subclause (2) or (3). > > > (5) Without limiting the operation of subclause (4) (a), if the person concerned has answered “Yes” to any of the questions set out in subclause (2), the club or range official, or the instructor, as the case requires, must prevent the person from possessing or using a firearm at the shooting range or as part of the course. > > > > Maximum penalty—50 penalty units. > > > (6) A person may complete and sign a form for the purpose of this clause to replace and correct a form previously completed and signed by the person for that purpose, in which case the answers given on the earlier form are to be ignored for the purposes of determining the person’s entitlement to possess or use a firearm after the replacement form is signed. > > > (7) The club or range official, or the instructor, as the case requires, must ensure that the person who is possessing or using a firearm at the shooting range, or as part of the course, does so only while under supervision as required by section 6B (1) of the Act. > > > > Maximum penalty—50 penalty units. > > > (8) The record under subclause (4) (b) must also include details of the photo identification of the person concerned or, if the person is a minor, details of the photo identification of a parent or guardian of the minor and a copy of the parent’s or guardian’s written consent to the minor possessing or using the firearm. > > > (9) If a person who is possessing or using a firearm at the shooting range in accordance with section 6B (1) (a) of the Act is an overseas resident visiting the State (an overseas tourist), the record made under subclause (4) (b) in relation to that person must also include the following details— > > > > > (a) the date on which the overseas tourist used the shooting range, > > > > > (b) the name of the person who supervised the overseas tourist at the shooting range. > > > (10) A reference in subclause (8) to the photo identification of a person is, if the person is an overseas tourist, taken to be a reference to the person’s passport. > > > (11) In this clause— > > > > club or range official means— > > > > > (a) in the case of a club—a member of the club who has been authorised for the purposes of this clause by the secretary or other relevant office holder of the club, or > > > > > (b) in the case of a shooting range—a person authorised for the purposes of this clause by the holder of the approval of the range under Part 8. > > > > good behaviour bond includes a reference to a community correction order or a conditional release order, but only if it was imposed in NSW. > > **cl 129:** Am 2019 No 20, Sch 1.12\[5\]; 2020 No 30, Sch 2.15; 2021 (314), Sch 1\[25\].