5Using paintball marker other than at authorised paintball venue

#### 5 Using paintball marker other than at authorised paintball venue 5 Using paintball marker other than at authorised paintball venue > > (1) A person must not use a paintball marker other than at an authorised paintball venue. > > > > Maximum penalty—imprisonment for 2 years or 500 penalty units (or both). > > > (2) A person does not commit an offence against this section if— > > > > > (a) the person is authorised by the Secretary to use the paintball marker at a place other than an authorised paintball venue, and > > > > > (b) the person uses the paintball marker in accordance with the authorisation. > > > (3) The regulations may prescribe matters in relation to applications for authorisations including— > > > > > (a) the process for making an application, and > > > > > (b) application forms approved by the Secretary, and > > > > > (c) application fees, including the reduction, postponement, waiver or refund of fees, and > > > > > (d) considerations the Secretary must take into account when deciding whether to approve an application, and > > > > > (e) the process for applications to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of a decision under this Act in relation to an application. > > Note— > > For the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), a reference to a firearm means a firearm within the meaning of the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), and is taken to include a paintball marker within the meaning of this Act. Consequently, being authorised under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) to possess a paintball marker satisfies a requirement in the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) that possession of the paintball marker is authorised under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046). See the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 4(7A). > > **s 5:** Am 2023 No 31, Sch 1\[2\].