NSWIn ForceAct
Paintball Act 2018
5Using paintball marker other than at authorised paintball venue
Start here
Get a plain-English read of 5
Turn the raw legal text into a practical explanation grounded in Paintball Act 2018.
#### 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\[2\].