27Licences or permits held by government agencies and their employees

27 Licences or permits held by government agencies and their employees

27 Licences or permits held by government agencies and their employees

(1) If a licence or permit is held by a government agency authorising the agency to possess firearms, and persons who are authorised by separate licences or permits to possess or use firearms for business or employment purposes are employed in or by the agency (licensed employees), the agency (or its chief executive officer) must—

(a) except as provided by this clause, keep in safe storage all firearms authorised to be possessed by licensed employees when not in the possession of licensed employees while on duty, and

(b) in addition to the requirements set out in Part 4 of the Act, ensure that any firearm required to be kept in safe storage is secured in such a manner as would reasonably prevent its removal otherwise than by a licensed employee, and

(c) not allow any firearm in the agency’s possession to be possessed or used by an employee who is not authorised to possess or use the firearm by a licence or permit issued to the employee, and

(d) notify the Commissioner within 7 days in writing or in such other manner as may be approved if any licensed employee (unless employed on a casual basis) ceases to be employed in or by the agency, and

(e) ensure that each firearm that is used by any licensed employee is inspected once every 3 months by some competent person to ascertain its working condition, and

(f) cause each such firearm to be serviced at least once a year by a licensed firearms dealer.

Maximum penalty—50 penalty units.

(2) A licensed employee must, at the end of any period of duty, return any firearm in the employee’s possession to his or her employer’s store of firearms unless the employee is authorised to retain possession of the firearm in accordance with subclause (4).

Maximum penalty—50 penalty units.

(3) A person does not commit an offence under subclause (2) if—

(a) the person has not been on duty at his or her ordinary place of work, and

(b) it was not reasonably practicable, for reasons of distance or public safety, to return the firearm to the employer’s store of firearms, and

(c) it was not reasonably practicable in the circumstances for an authorisation under subclause (4) to be obtained (such as in the case where the person was required to travel unexpectedly in connection with the person’s employment).