What it does
Mechanically, the Paintball Act 2018 establishes a standalone regulatory and criminal framework for paintball markers and paintball venues in the State. It does so by creating (a) specific criminal offences for unauthorised use, possession, purchase, supply, disposal and operation of paintball markers and venues (Part 2, ss 5-10); (b) a permit-based authorisation regime for three permit classes , paintball venue permits, paintball marker permits and international paintball competitor permits (Part 3, ss 11-13); (c) statutory conditions and mandatory operational controls attached to permits (Part 4, ss 32-41B); (d) an administrative disciplinary regime and review rights before the Civil and Administrative Tribunal (Part 5, ss 42-46, ss 31 & 45); (e) inspection, information‑gathering and enforcement powers for authorised officers including entry, seizure and search warrant powers (Part 6, ss 48-66); and (f) a Register of paintball markers with reporting obligations on suppliers (Part 7, ss 65-66). The Act also contains procedural provisions about service, delegation, exemptions and regulations (Part 8, ss 72-80), and transitional savings converting relevant Firearms Regulation permits into the new permit types (Sch 1 Pt 2, cls 3-5).
The Act explicitly authorises its enforcement and administrative functions for the purposes of investigating, monitoring and enforcing compliance, obtaining information for administration, and enforcing, administering or executing the Act (s 48). It leaves a large number of operational, technical and evidentiary details to subordinate regulation, including fees, training requirements, specification of protective equipment for game areas, forms and timeframes for reporting, and the capacity to recognise equivalent interstate authorisations (see s 3 definitions of “approved” and “equivalent authorisation”, s 80(1A), s 71).