The Act organises its regulatory architecture around a small set of core legal concepts that determine who may buy, possess, use, supply and operate paintball equipment and where they may do so.

• Permits and permit types: The fundamental regulatory instrument is the permit. Three permit classes are defined: paintball venue permits, authorising operation of a venue and associated marker purchase/possession/supply at that venue (s 11); paintball marker permits for natural persons authorising purchase/possession of one or more paintball markers, including possession outside an authorised venue (s 12); and international paintball competitor permits limited to non‑residents who need to compete in the State (s 13). Each permit is subject to conditions (s 11(3), s 12(2), s 13(2)) and may be varied, suspended or cancelled by the Secretary (ss 19, 24-26).

• Authorised paintball venue: A paintball game may only be played at an authorised paintball venue, defined as a venue that is the subject of a paintball venue permit in force (s 3). The Act makes the unauthorised use of a paintball marker away from an authorised paintball venue a serious offence (s 5).

• Paintball marker: The Act defines “paintball marker” as a sporting device that propels paintballs by gas (non‑explosive) and that is trigger‑operated, with limited exclusions (s 3). The definition cross-references the Firearms Act note for the interaction with imitation firearm controls (s 3 note).

• Close associate: The concept of a close associate is central to suitability and fit-and-proper-person assessments. The Act defines close associates broadly to include persons who hold relevant financial interests, positions or powers capable of exercising significant influence over the permit holder’s business (s 4). Financial institutions are excluded from being close associates solely by holding a financial interest (s 4(2)).

• Suitability and fit-and-proper-person test: The Secretary must refuse permits to unsuitable applicants; the Act lists specific disqualifying circumstances, including age under 18, mental incapacity, prescribed training not completed, undischarged bankruptcy, relevant convictions in the last 10 years, winding up of a corporate applicant, or suspension/cancellation of equivalent authorisations in other jurisdictions (s 14(1)-(2)).

• Conditions, operational requirements and safety controls: Every permit is subject to statutory conditions set out in Divisions of Part 4 (s 32). Key operational controls are storage (inoperable and locked container, s 33), transport (inoperable and concealed, not left unattended unless locked in vehicle, s 34), game area designation and protective equipment (s 37), minimum ages and parental consent (s 38), high minimum public liability insurance for venues (s 39), staff training (s 40) and supervision by staff with marker permits (s 41).

• Registration and traceability: The Secretary must maintain a Register of paintball markers containing serial numbers, registered owners and permit particulars; access is limited to police and not public (s 65). Authorised suppliers must report supplies and disposals to the Secretary within 24 hours (s 66), imposing a near‑real‑time traceability obligation.

• Enforcement and investigatory apparatus: The Act empowers authorised officers (appointed by the Secretary) with notices requiring information and records (s 53), powers to require answers (s 54), to record evidence (s 55), to enter non‑residential premises (s 56) and, subject to warrants, residential premises (s 57-58), and broad on‑site powers including seizure and taking samples (s 60). The authorised-officer powers exist for specified authorised purposes (s 48).

• Administrative discipline and review: The Secretary may take disciplinary action (s 42), is required to issue show-cause notices (s 43, with a minimum 14 days), and may take immediate action where in the public interest (s 43(7)). Persons aggrieved may seek review by the Civil and Administrative Tribunal (ss 31, 45). The Tribunal is subject to limits on disclosure of criminal intelligence provided by police (s 69).

• Delegation and regulation: The Secretary may delegate functions (s 78), and the Governor in Council may make wide‑ranging regulations including fees, exemptions, and offences punishable up to 50 penalty units (s 80). The statutory scheme therefore combines primary‑law rules with significant regulatory specification.

These concepts collectively shift the legal status of paintball markers from largely unregulated sporting equipment to regulated items subject to licensing, record-keeping, safety and control measures, and criminal prohibitions for unauthorised activity.

The Act affects a number of identifiable groups, and the statutory text shows clearly who bears duties and who is empowered to act.

• Individuals who own, possess or use paintball markers: Natural persons who want to purchase, possess outside a venue, or use paintball markers outside authorised venues must hold a paintball marker permit (s 12) or be authorised under s 5(2). Use of a paintball marker other than at an authorised venue without authorisation is a criminal offence (s 5). Possession outside an authorised venue without a permit is a separate offence (s 6). Transport and storage rules (ss 33-34) apply to permit-holders.

• Operators of paintball venues: Persons who operate a paintball venue must hold a paintball venue permit (s 8). Venue permit‑holders are subject to venue‑specific operational conditions including display of permit details (s 36A), ensuring use only within designated game areas and appropriate protective equipment (s 37), minimum age and consent rules (s 38), maintaining public liability insurance (s 39), staff training (s 40) and supervision requirements for use of markers (s 41). Venue permit-holders may authorise employees to act on their behalf but only where the employee holds a marker permit or meets prescribed requirements (s 67).

• Suppliers and dealers: “Authorised suppliers” are defined to include paintball venue permit-holders, holders of firearms dealer licences under the Firearms Act, and holders of weapons dealer permits under the Weapons Prohibition Act (s 3). The supply of paintball markers is tightly controlled: supplies are generally permitted only between authorised suppliers or to a holder of a relevant permit (s 9). Authorised suppliers must report supplies and disposals to the Secretary within 24 hours (s 66), subject to statutory penalties.

• Employees and contractors of venues: Employees who supervise paintball marker use must themselves hold marker permits or meet regulatory criteria (s 41); the holder of a paintball venue permit must ensure staff undertake required training (s 40). The holder may authorise employees to perform permit‑holder functions, but only if the employee holds a marker permit or satisfies prescribed requirements (s 67). Contractors engaged in the business may be treated as close associates for suitability purposes (s 4(1)(c)).

• Corporations and directors: Corporate permit-holders are affected both by the non‑transferability and non‑lending rules (ss 29-30) and by the executive liability provision, which creates personal criminal liability for directors and managers who know, or ought reasonably to know, a corporate executive‑liability offence is being committed and fail to take reasonable steps to prevent it (s 75). The definition of “director” imports the Corporations Act (s 75(7)).

• Authorised officers and the Secretary: The Secretary (Commissioner for Fair Trading) holds primary administrative authority , grant/refusal, variation, suspension, cancellation, taking disciplinary action and imposing conditions (ss 14, 17, 19, 23-26, 42-44). The Secretary appoints authorised officers (s 49), sets rules of conduct to which permit‑holders may be bound (s 21), and may enter information‑sharing arrangements with specified agencies including the NSW Police Force (s 68).

• Courts and Tribunal: The Local Court and District Court in summary jurisdiction are the forums for criminal proceedings (s 76). The Local Court also has the power to dispose of surrendered or seized paintball markers (s 70). Administrative decisions of the Secretary (grant/refusal/suspension/cancellation/conditions/variation) are reviewable by the Civil and Administrative Tribunal under the Administrative Decisions Review Act (ss 31, 45). The Tribunal is required to withhold disclosure of criminal intelligence provided by police where necessary (s 69).

• NSW Police and relevant agencies: The Commissioner of Police is provided access to the Register (s 65(4)) and is a named “relevant agency” for information sharing (s 68). The Act preserves police confidentiality in administrative reviews (s 69).

• International competitors: Non‑residents who need to compete may obtain an international paintball competitor permit, but the Act disqualifies residents of Australia from holding this permit (s 13(3)). The regulations may further define recognition of equivalent interstate authorisations (s 71).

• The public generally: While the Register is not publicly accessible (s 65(5)), the Act imposes public-protection measures such as mandatory insurance at venues (s 39), age protections (s 38), and the designation of game areas (s 37), which affect spectators and visitors to venues.

Across these groups, the Act assigns non‑delegable duties to permit-holders, reporting burdens on suppliers (s 66), discretionary decision-making power to the Secretary and authorised officers, and inspection and enforcement exposure to regulated persons. Many operational details that affect stakeholders will be determined by regulations and Secretary policy (s 80), creating a layered compliance landscape.

The Act creates explicit duties for regulated parties and procedural rights for applicants and permit-holders; many duties are framed as conditions of every permit (s 32) or specific permit types (s 36).

Primary duties

• Obtaining and holding the correct permit before action: A person must not use a paintball marker other than at an authorised paintball venue unless authorised by the Secretary (s 5). Possession outside an authorised venue requires a paintball marker permit (s 6). Purchase or obtaining a paintball marker requires a permit (s 7). Operating a paintball venue requires a paintball venue permit (s 8). These are strict prohibitions backed by criminal penalties.

• Supply and disposal controls: Supplying paintball markers is restricted to authorised suppliers and constrained transactions (s 9). Disposal by persons other than authorised suppliers is prohibited (s 10). Authorised suppliers have obligations to report supplies and disposals to the Secretary within 24 hours (s 66(1), (3)).

• Storage and transport obligations: Permit-holders must store paintball markers in an inoperable state and in a strong lockable metal container (s 33(1)). Transport must be inoperable, concealed, and not left unattended unless locked in a vehicle (s 34). Contraventions attract penalties (s 33(2), s 34(3)).

• Venue operational duties: Venue permit-holders must designate play areas with signs and boundaries (s 37(1)), prevent use outside game areas (s 37(2)), ensure protective clothing/equipment for entry when markers present (s 37(3)), set minimum ages and parental consent requirements (s 38), maintain minimum public liability insurance (s 39), ensure staff undertake required training (s 40), and supervise marker use by employees with marker permits (s 41).

• Display and verification obligations: Venue permit details must be displayed at venue entry, on public websites, and social media where applicable (s 36A). Venue holders must ensure patrons using their own markers have shown their marker permit to the holder or an employee (s 36B). Marker permit‑holders must show their permit to the venue holder or employee before entering (s 41B).

• Cooperation with authorised officers: Persons must comply with information notices (s 53), answer questions where reasonably suspected to have knowledge (s 54), produce permits on demand (s 64), and comply with authorised officer directions (s 63). Obstruction, hindering or interfering with authorised officers is an offence (s 62).

Administrative rights and processes

• Application and administrative review rights: Applicants may apply to the Secretary for permits in an approved form and with supporting material (s 15). The Secretary must notify applicants in writing of decisions to grant or refuse (s 17(4)), and failure to notify within the prescribed period is taken to be a refusal (s 17(5)). Persons aggrieved by decisions to refuse, suspend, cancel, impose conditions or vary permits may apply to the Civil and Administrative Tribunal for administrative review under the Administrative Decisions Review Act 1997 (s 31). Similarly, disciplinary decisions by the Secretary are reviewable by the Tribunal (s 45).

• Show‑cause and procedural fairness: Before taking disciplinary action, the Secretary must issue a written notice to show cause with specific grounds and at least a 14‑day period for response, allow submissions and, if it proceeds, consider those submissions (s 43). The Secretary may, however, take immediate action if satisfied it is in the public interest (s 43(7)).

• Evidentiary facilitation and confidentiality protections: A Secretary’s certificate is prima facie evidence of permit status, conditions and suspension (s 77). The Tribunal must avoid disclosing police criminal intelligence provided to the Secretary and may hear parts of reviews and appeals in the absence of the public and the applicant if necessary to preserve police intelligence confidentiality (s 69(1)-(2)).

• Delegation and exemptions: The Secretary may delegate functions (s 78), and regulations may exempt persons, premises or classes from some provisions or prescribe circumstances in which a person is not fit and proper (s 79-80). The regulations may also prescribe fees and waiver/refund arrangements (s 80(1A)).

These duties and rights create a regulatory framework where compliance obligations are operational (storage, transport, insurance, training and supervision), transactional (permit application, reporting supplies and disposals), and procedural (show-cause, review rights, evidence and confidentiality). The Secretary holds considerable power to define conditions, require information, vary permits and take disciplinary action, but procedural safeguards such as notice, opportunity to make submissions and external review by the Tribunal are preserved.

The Act couples criminal offences with administrative enforcement and investigatory powers. Penalties vary greatly by offence, from penalty notice offences to imprisonment.

Criminal penalties and their statutory maxima

• Using a paintball marker other than at an authorised venue (s 5(1)): maximum penalty imprisonment for 2 years or 500 penalty units (or both). There is a statutory exemption where the Secretary authorises use at another place and the person complies with the authorisation (s 5(2)). The regulations may prescribe application processes for such authorisations (s 5(3)).

• Possession of a paintball marker without a permit other than at an authorised venue (s 6): maximum penalty imprisonment for 12 months or 200 penalty units (or both).

• Purchasing or otherwise obtaining a paintball marker without a permit (s 7(1)): maximum penalty imprisonment for 12 months or 200 penalty units (or both). Temporary possession at a paintball venue for use solely at that venue is excluded (s 7(2)).

• Operating a paintball venue without a permit (s 8): maximum penalty imprisonment for 2 years or 1,000 penalty units (or both).

• Unauthorised supply of paintball markers (s 9(1)): maximum penalty imprisonment for 6 months or 200 penalty units (or both). Section 9(2) provides that supplies authorised by a permit are excluded.

• Unauthorised disposal of paintball markers (s 10(1)): maximum penalty imprisonment for 6 months or 200 penalty units (or both).

• Contravening permit conditions (s 28(1)): holder or former holder who contravenes a condition (other than specified safety conditions) or conditions of suspension/cancellation is guilty of an offence with maximum penalty 1,000 penalty units. A lesser maximum may be prescribed by regulation (s 28(2)). If the contravention causes injury or significant risk by illegal use of a marker, a higher offence applies with maximum penalty imprisonment for 12 months or 20 penalty units (or both) (s 28(3)).

• Storage contraventions (s 33(2)): maximum penalty imprisonment for 6 months or 200 penalty units (or both).

• Transport contraventions (s 34(3)): maximum penalty 50 penalty units.

• Failure to comply with directions on suspension/cancellation (s 27(4)): maximum penalty imprisonment for 6 months or 200 penalty units (or both).

• Obstructing authorised officers (s 62): maximum penalty 500 penalty units for corporations or 200 penalty units otherwise.

• Failure to comply with authorised officer directions (s 63) and failure to produce permit on demand (s 64): similar maximums (s 63; s 64).

Penalty notices and summary prosecution

• The Secretary authorises authorised officers to issue penalty notices for offences prescribed by regulation (s 74). The Fines Act applies to penalty notices and allows the recipient to pay the specified amount instead of court proceedings; the Act preserves the Secretary’s ability to take disciplinary action irrespective of penalty notice outcomes (s 74(3)-(4)). The regulations cap penalty notice offence amounts at the maximum a court could impose for the offence (s 74(5)). Regulations may create offences punishable by up to 50 penalty units (s 80(3)).

• Summary proceedings: Proceedings for offences under the Act or regulations are to be dealt with summarily in the Local Court or the District Court in its summary jurisdiction (s 76), signalling that most criminal enforcement will proceed in lower courts.

Administrative enforcement and investigatory powers

• Authorised officers: The Secretary appoints authorised officers (s 49). Authorised officers have powers to require information and records (s 53), require answers and attendance (s 54), record evidence (s 55), enter premises during business hours (s 56), and exercise broad on‑site powers including examination, photographing, sampling, copying records and seizure (s 60). They may apply for search warrants when necessary (s 58) and may direct reasonable assistance from occupiers (s 59).

• Seizure, retention and disposal: Seized records may be retained for the duration of proceedings (s 61); seized paintball markers may be surrendered or seized and the Local Court can order forfeiture, return or other disposal (s 70).

• Disciplinary process: The Secretary may take disciplinary action in relation to holders of permits for contraventions, misleading conduct, unethical behaviour or other prescribed grounds (s 42). The disciplinary toolbox ranges from caution and conditions to suspension, cancellation and disqualification (s 44). A show‑cause notice process with minimum 14 days for response is required in most cases (s 43), but immediate action is permitted in the public interest (s 43(7)).

Director and executive liability

• Where a corporation commits an “executive liability offence” (defined as an offence under s 28 by a corporation), a director or individual involved in management who knows or ought reasonably to know about the offence and fails to take all reasonable steps to prevent it is personally liable and punishable up to the maximum penalty for the executive liability offence if committed by an individual (s 75). The prosecution bears the legal burden on elements of this offence (s 75(3)), and the section enumerates examples of “reasonable steps” such as compliance assessments, training and maintaining appropriate resources (s 75(7) and (a)-(d)).

Evidential facilitation and confidentiality

• A certificate by the Secretary certifying permit status, conditions or suspension is admissible and prima facie evidence in proceedings (s 77). The Tribunal and appeal panels must prevent disclosure of criminal intelligence provided by police and may conduct parts of reviews in camera to protect such material (s 69(1)-(2)).

Taken together, the Act combines criminal criminalisation of unauthorised activity with an administrative enforcement regime featuring inspection powers, seizure, disciplinary sanctions and penalty notices. The Secretary and authorised officers are central to enforcement and have a broad toolkit, while courts and the Tribunal handle prosecutions and administrative reviews respectively.

The Act contains multiple explicit cross‑references to other State statutes and preserves interactions that produce overlapping authorisations and obligations.

Firearms and imitation firearm law

• The Act defines “paintball marker” but expressly notes that a paintball marker may also be an imitation firearm within the meaning of the Firearms Act 1996. The Firearms Act s 4D (referred to in the note at s 3) requires a permit to authorise possession or use of an imitation firearm. The Act therefore recognises that, in some cases, a person may need both a paintball marker permit under this Act and an imitation firearm permit under the Firearms Act (s 3 note). The Register provisions also envisage the Commissioner of Police providing information from the Firearms Register to the Secretary for inclusion in the paintball Register (Sch 1 Pt 2 cl 6).

Crimes Act and offensive weapons law

• The Act’s note attached to s 5 states that, for the Crimes Act 1900, references to a firearm are taken to include a paintball marker for certain purposes and that being authorised under the Firearms Act to possess a paintball marker satisfies the Crimes Act’s authorisation requirement (see s 5 note and cross reference to Crimes Act s 4(7A)). Additionally, “relevant offence” for suitability assessments includes offences under the Crimes Act, but only in respect of offences involving a firearm or offensive weapon or instrument or as prescribed (s 3 definition of “relevant offence”).

Administrative law and tribunal review

• Administrative decisions under the Act (grant, refuse, suspend, cancel, impose conditions or vary permits) are reviewable by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 (ss 31, 45). The Act also prescribes how criminal intelligence provided by NSW Police is to be treated in Tribunal reviews (s 69). The Act therefore integrates with the existing administrative review framework.

Law enforcement powers and warrants

• Search warrants under the Act are to be issued by an issuing officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002; Division 4 of Part 5 of that Act applies to warrants issued under s 58. This ties the Act’s search and seizure powers into general law enforcement procedures for warrants and conduct in searches (s 58(3)).

Corporations law

• For the purposes of director liability (s 75), “director” has the same meaning as in the Corporations Act 2001 (s 75(7)), so liability assessments and corporate governance obligations will be informed by Commonwealth corporations law concepts.

Fines Act and penalty notices

• Penalty notices issued under s 74 are subject to the Fines Act 1996. The Act clarifies that payment under a penalty notice precludes further proceedings for the alleged offence, and preserves the Secretary’s ability to take disciplinary action despite a penalty notice resolution (s 74(3)-(4)).

Weapons Prohibition Act and Firearms Regulation

• Authorised suppliers include holders of weapons dealer permits under the Weapons Prohibition Act 1998 and firearms dealer licences under the Firearms Act (s 3). The regulations can recognise equivalent authorisations from other jurisdictions (s 3 definition of “equivalent authorisation”; s 71). Schedule 1 transitional provisions convert certain existing Firearms Regulation permits into the new permits under this Act (Sch 1 Pt 2 cls 3-5).

Inter-agency information sharing

• The Secretary may enter information sharing arrangements with relevant agencies, explicitly naming NSW Police Force, public service agencies and local councils (s 68). The Act authorises disclosure of information between parties despite other State laws that might otherwise restrict sharing (s 68(3)). However, confidentiality protections remain for police criminal intelligence in administrative reviews (s 69).

Extraterritoriality and review of interaction with other laws

• Section 82 states the Act is intended to have extraterritorial application as far as the State’s powers allow. Section 81 requires the Minister to review the Act within two years to consider whether the policy objectives remain valid and whether other Acts, including the Crimes Act 1900, continue to deal appropriately with paintball markers. The Act therefore contemplates ongoing assessment of inter‑statutory interaction.

In practice, regulated entities must account for multiple overlapping regulatory regimes: the Paintball Act’s own permit and record rules; potential requirements under the Firearms Act and Weapons Prohibition Act where instruments qualify as imitation firearms or weapons; police powers and confidentiality obligations; administrative review channels; and obligations under corporations law for corporate entities. The Act embeds mechanisms for data exchange with police and other agencies and defers many technical requirements to regulations, meaning operational compliance will be a function of both this Act and subordinate instruments that determine the precise interfaces.

The text of the Act includes several amendment notes and a transitional schedule reflecting legislative changes and conversions from earlier regulatory instruments.

• Amendments recorded within the Act’s provisions: Several sections carry in-line amendment notations indicating later changes to the principal Act. For example, s 3 shows amendments: “s 3: Am 2022 No 59, Sch 3.48[1] [2]; 2023 No 31, Sch 1[1]” which indicates that s 3 was amended by schedules to Acts in 2022 and 2023. Similarly, s 5 includes “s 5: Am 2023 No 31, Sch 1[2]” and other sections show insertion or amendment notations such as “s 12: Am 2023 No 31, Sch 1[4]” and s 34: “Am 2023 No 31, Sch 1[6]”. These in-text marginal notes identify the statutory instruments that modified specific provisions.

• Insertions in 2023: The Act records specific insertions in 2023, for example Division 2 of Part 4 (including ss 36A and 36B) and Division 3 conditions of paintball marker permit (ss 41A-41B) are noted as inserted in 2023: see “s 36A: Ins 2023 No 31, Sch 1[7]” and “s 41A: Ins 2023 No 31, Sch 1[8]”. The transitional or amendment sources are identified in the marginal annotations.

• Transitional arrangements from Firearms Regulation: Schedule 1 Part 2 provides transitional provisions converting certain existing permits under the Firearms Regulation 2017 (for paint‑ball guns and paint‑ball games) into the corresponding permits under this Act, and provides that existing permits continue in force for their unexpired portion plus an additional 12 months (Sch 1 Pt 2 cl 3(1)-(4)). It also provides that pending applications under the Firearms Act become applications under this Act (cl 4) and addresses appeals and reviews commenced under earlier laws, directing they be determined as if the Firearms amendments had not been made (cl 5).

• Delegated legislative power and future amendments: Section 80 gives the Governor power to make regulations on many operational matters and expressly allows regulations to prescribe fees, make offences up to 50 penalty units, and specify circumstances for the fit-and-proper person test (s 80(1)-(3)). Section 79 allows the regulations to exempt classes of persons, premises or things from provisions of the Act. These delegated powers mean much of the operational detail and future adjustments can come via regulation rather than primary legislation.

• Statutory review requirement: Section 81 requires the Minister to review the Act as soon as possible after two years from commencement and to table a report within 12 months after that two‑year period, mandating formal policy review and opening a statutory mechanism for future amendments based on that review.

• Savings and transitional powers for regulations: Schedule 1 Part 1 permits regulations to contain savings or transitional provisions consequential on enactment of this Act or amending Acts and allows such provisions to operate from the date of assent if provided (Sch 1 Pt 1 cl 1), subject to protections for pre-existing rights (Sch 1 Pt 1 cl 1(4)).

The Act’s amendment notes and Schedule 1 show that it was intended to replace aspects of the Firearms Regulation regime for paintball devices and to be adapted over time through regulation and targeted legislative amendments. The statutory review, regulatory powers and recorded amendments indicate a framework designed for iterative refinement through subordinate instruments and parliamentary amendment.

The statutory text itself does not record judicial decisions or a case law history. It does, however, establish procedural channels and evidentiary rules that will shape litigation and administrative review.

• Forum and procedure: Criminal prosecutions under the Act are to be dealt with summarily in the Local Court or the District Court in its summary jurisdiction (s 76). This directs most contested criminal matters to lower courts; the Act does not itself set out appellate pathways, which will follow general court rules.

• Administrative review and Tribunal proceedings: Decisions of the Secretary to refuse, suspend, cancel, vary or impose conditions on permits are reviewable by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 (s 31). Decisions to take disciplinary action under Part 5 are similarly reviewable (s 45). These provisions create the primary administrative litigation pathway for aggrieved applicants and permit-holders.

• Evidence and proof: The Act supplies an evidentiary short-cut , a certificate signed by the Secretary certifying a person’s permit status, conditions or suspension is prima facie evidence of those facts in proceedings under the Act (s 77). This shifts some evidentiary burden in prosecutions and administrative hearings and may reduce contest on foundational factual matters about permit status.

• Confidentiality of police intelligence: Section 69 restricts disclosure of criminal intelligence material provided by the NSW Police Force; it also instructs the Tribunal and appeal panels to avoid disclosure and to receive evidence in private where necessary to protect such material (s 69(1)-(2)). This will affect the conduct of Tribunal reviews where police intelligence has influenced administrative decisions, creating in-camera procedures and potentially limiting the applicant’s knowledge of some material relied upon by decision-makers.

• Show-cause and immediate action: The Secretary must issue a show-cause notice and provide at least 14 days to respond before taking disciplinary action (s 43(3)), but may take immediate action if in the public interest (s 43(7)). Litigation stemming from immediate suspensions or cancellations may therefore involve arguments about the Secretary’s judgment of “public interest” and procedural fairness, with the Tribunal as the review forum.

• Seizure, retention and disposal of evidence: The Act allows authorised officers to take possession of records for evidence and to retain them until completion of proceedings (s 61). The Local Court may order forfeiture or return of seized paintball markers (s 70). Litigation over property rights to seized equipment and the adequacy of seizure powers will be governed by the Act’s text together with general warrants and search powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (s 58(3)).

• Director/executive liability: Section 75 makes directors and senior managers potentially personally liable where a corporation commits an executive‑liability offence under s 28. The prosecution bears the legal burden of proving the offence elements (s 75(3)), which may lead to litigation over what constitutes “reasonable steps” to prevent the offence, a statutory list of examples is provided (s 75(7)(a)-(d)) but is not exhaustive.

Given the Act’s statutory record, litigation history will develop through standard lower‑court criminal proceedings and Tribunal administrative reviews. The Act’s in-built evidentiary certificate power, confidentiality protections for police intelligence, and specific administrative procedural rules (show-cause, immediate action) will shape litigation tactics and the architecture of challenges to Secretary decisions. The Act itself does not catalogue past judicial determinations.

The Act contains several features that create practical compliance traps, discretionary uncertainties and overlap risks that regulated parties must manage carefully.

• Broad Secretary discretion and open‑ended suitability criteria: The Secretary may form an opinion that a person is not suitable to hold a permit on a catch-all basis (“the Secretary is of the opinion…”), and the Act lists extensive, but non-exhaustive, grounds for unsuitability including “the Secretary is of the opinion that the person is not a suitable person” (s 14(1)(f)). Similarly, s 19 allows the Secretary to vary permits at any time. This breadth creates administrative uncertainty about the threshold for refusal, variation, suspension or cancellation.

• Heavy delegation to regulations: Many operationally significant matters are left to regulation , what constitutes adequate protective clothing (s 37(3)), training requirements (s 14(1)(e) and s 40), fee structures and waivers (s 15(3), s 80(1A)), and precise reporting formats for supplier notifications (s 66(4)). Regulated parties must watch the regulations closely because compliance obligations and penalties may hinge on regulatory detail that is not present in the Act.

• Dual authorisations and multiple permits: The Act recognises that paintball markers may be imitation firearms under the Firearms Act and that some persons may need concurrent permits (s 3 note). Schedule 1 converts certain Firearms Regulation permits into the new permit types (Sch 1 Pt 2 cl 3), and the Register may include information from the Firearms Register (Sch 1 Pt 2 cl 6). Operators and users must check both statutory schemes to avoid inadvertent non‑compliance.

• Rapid supplier reporting obligation: Authorised suppliers must report supplies or disposals within 24 hours (or a period prescribed by regulation) to the Secretary with serial numbers and permit details (s 66(1), (3)). This near‑real‑time duty requires supply chain processes and may create operational burdens for smaller suppliers or venues that move equipment frequently.

• Non‑transferability and prohibition on lending permits: Permits are not transferable (s 29) and lending or hiring out permits is an offence that triggers mandatory cancellation upon conviction (s 30). This prevents informal sharing or outsourcing arrangements and requires strict administrative controls over permit usage.

• Insurance and access conditions: Venue permit-holders must maintain public liability insurance in an approved form with a minimum cover of $10,000,000 or such other amount as prescribed (s 39(1)). The venue must prohibit marker use if insurance is not in force (s 39(3)). This is a substantial financial requirement that modifies the cost base for venue operations.

• Age and consent protections: Children under 12 cannot possess/use markers at venues; persons aged 12-<18 require written parental consent (s 38). Venue operators must put processes in place to verify ages and collect/retain parental consent documentation.

• Confidentiality of police intelligence in administrative reviews: Decisions informed by police criminal intelligence may be insulated from full disclosure in Tribunal reviews (s 69). Applicants may be unable to access the underlying intelligence, complicating the ability to challenge Secretary decisions based on such materials.

• Executive liability exposure for corporates: Directors and managers may be personally liable where a corporation commits a s 28 offence and they “know or ought reasonably to know” and fail to take reasonable steps (s 75). The statutory list of example “reasonable steps” should guide compliance programmes, but uncertainty over what additional steps courts may require remains.

• Significant criminal sanctions for basic operational breaches: Offences such as unauthorised use (s 5) and operating without a permit (s 8) attract two‑year imprisonment maxima and large monetary penalties. Even storage and supply contraventions carry prison terms and substantial fines (s 33, s 9). This elevates the compliance stakes for routine operational errors.

• Interaction with Fines Act and disciplinary action: Payment of a penalty notice under the Fines Act does not prevent the Secretary from taking disciplinary action (s 74(4)), meaning a regulated person may face both administrative sanctions and fines for the same conduct.

These “gotchas” derive directly from the Act’s text. They indicate areas where regulated parties should prioritise risk management: implement robust record-keeping and timely reporting; ensure insurance and training requirements are satisfied; maintain strict permit control; and build compliance programmes that demonstrate the “reasonable steps” enumerated in s 75 to mitigate executive liability exposure.

Compliance under the Act will be a mix of obtaining the right permits, running venue operations to statutory minimums, and putting administrative systems in place to respond to inspection, reporting and record-keeping obligations. Below is a practical, source‑grounded checklist mapped to specific provisions.

1. Determine required permits and authorisations

   • Venue operators: apply for a paintball venue permit (s 11). Each venue requires a separate permit (s 11(2)). Ensure permit conditions will be complied with (s 11(3)).
   • Individuals who wish to purchase and possess markers outside venues: obtain a paintball marker permit (s 12).
   • International competitors: if resident outside Australia and required to compete, apply for an international paintball competitor permit (s 13), noting residents of Australia are disqualified (s 13(3)).
   • Check whether any additional permits under the Firearms Act or Weapons Prohibition Act are required, since a marker may be an imitation firearm (s 3 note).

2. Prepare and lodge applications correctly

   • Use approved forms and provide information and evidence the Secretary reasonably requires (s 15(2)). Expect the Secretary to require fees (s 15(3)-(4)) and possibly further documents (s 15(5)).
   • Ensure applicants meet suitability criteria (s 14). Avoid disqualifying circumstances: under 18, mental incapacity, bankruptcy, recent convictions for relevant offences within 10 years, failing prescribed training, and ensure close associates are fit and proper (s 14(1)-(2), s 4).

3. Implement storage, transport and operational controls

   • Store all paintball markers in an inoperable state and locked in a strong metal container (s 33(1)); comply with any further regulatory storage requirements (s 33(3)).
   • Transport markers inoperable, concealed in a secure bag or container and avoid leaving unattended unless secured in a locked vehicle (s 34(1)-(2)).
   • Designate and sign the paintball game area clearly; prevent use outside it (s 37(1)-(2)). Ensure protective clothing/equipment is provided as prescribed or, absent prescriptions, ensure adequate protective equipment (s 37(3)).

4. Insurance, age and consent

   • Maintain public liability insurance in an approved form with minimum cover of $10,000,000 or the amount prescribed (s 39(1)). If juveniles are permitted, ensure the policy covers them (s 39(2)) and do not permit marker use if the policy is not in force (s 39(3)).
   • Do not permit under‑12s to use or enter game areas (s 38(1)). For persons aged 12-17, obtain written parental consent before allowing possession or entry (s 38(2)).

5. Staff, training and supervision

   • Ensure all employees undertake any regulation‑required training (s 40).
   • Ensure employees supervising marker use hold paintball marker permits or satisfy other regulatory requirements (s 41(1)). Make training and supervision records available for inspection.

6. Display, verification and permit control

   • Display a copy of the venue permit or the permit number and the permit holder’s name at the venue entry, on public websites, and on social media where used (s 36A).
   • Verify that patrons bringing their own markers have presented a marker permit to the venue holder or an employee before use (s 36B, s 41B).
   • Do not transfer, lend, hire out or permit use of a permit by another person (s 29-30).

7. Supplier and registry obligations

   • If supplying or disposing of markers as an authorised supplier, report supply or disposal to the Secretary within 24 hours with serial numbers and permit details as required (s 66(1)-(3)). Implement systems to capture and transmit data promptly.
   • Expect the Secretary to maintain a non‑public Register with police access (s 65(1)-(5)); ensure accuracy of information for registration.

8. Records, inspection readiness and cooperation with authorised officers

   • Keep records (plans, specifications, reports, training records, contracts) that authorised officers may lawfully require (s 47 definitions; s 53). Provide records in the form requested (s 53(5)).
   • Comply with authorised officer notices to answer questions, attend for questioning, and provide records (ss 53-55). Provide reasonable assistance when directed (s 59). Be prepared to produce the permit on demand (s 64).
   • Do not obstruct or interfere with authorised officers (s 62) and respond reasonably to directions (s 63).

9. Disciplinary and review preparedness

   • Maintain documented compliance processes to demonstrate the absence of contraventions and, if required, to respond to a show-cause notice (s 43). If served, use the minimum 14‑day period to provide written submissions and evidence (s 43(3)-(4)).
   • Be aware the Secretary may take immediate action where in the public interest (s 43(7)). Administrative decisions are reviewable by the Tribunal (ss 31, 45).

10. Corporate governance to mitigate executive liability

    • For corporate permit-holders, document and implement “reasonable steps” to prevent violations of permit-condition offences, such as scheduled compliance assessments, regular professional compliance checks, staff training, supervision practices, and adequate resources and systems (s 75(7)(a)-(d)). Keep records evidencing these steps to defend potential s 75 prosecutions.

11. Monitor regulations and statutory review

    • The Act leaves many compliance specifics to the regulations (s 80). Track regulatory instruments for prescriptive definitions of training, protective equipment, reporting forms and timing. The Minister’s statutorily mandated review within two years of commencement (s 81) may result in legislative or regulatory changes; monitor for those developments.

12. Insurance and contractual arrangements

    • Ensure contracts with suppliers and employees reflect permit, reporting and insurance obligations and do not create undisclosed close‑associate relationships that could affect suitability assessments (s 4).

Concrete implementation tasks

• Create a permit‑compliance manual referencing ss 11-13, 32-41B, 65-66, and Part 6 inspection powers.
• Assign an internal compliance officer to manage permit renewal deadlines (permits up to 5 years, s 18(1)), supplier reporting timelines, insurance renewals, and training schedules.
• Build records retention and secure storage systems to supply certified copies of records if seized (s 61(2)).
• Institute immediate incident reporting and legal review procedures for any suspected contravention given potential criminal and disciplinary consequences (s 28, ss 42-44).

Following the statutory checklist above, and documenting each control against the specific provisions cited, will materially reduce legal exposure under the Paintball Act 2018. The Secretary’s broad administrative discretion and the regulatory delegation make continuous monitoring of regulatory updates essential.