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 of a decision under this Act in relation to an application.

Note—

For the Crimes Act 1900, a reference to a firearm means a firearm within the meaning of the Firearms Act 1996, and is taken to include a paintball marker within the meaning of this Act. Consequently, being authorised under the Firearms Act 1996 to possess a paintball marker satisfies a requirement in the Crimes Act 1900 that possession of the paintball marker is authorised under the Firearms Act 1996. See the Crimes Act 1900, section 4(7A).

s 5: Am 2023 No 31, Sch 1[2].