This regulation organises a set of interlocking operational concepts that implement the Paintball Act 2018 in practice. The main concepts are permit authorisations, sharing and supply rules, training and safety requirements, register and recordkeeping obligations, disposal protocols, administrative timelines and fee mechanics.

Permit authorisations and discretion. The regulation establishes that holders of paintball marker permits can apply to use markers off authorised venues, but must do so in an “approved form” and pay a prescribed fee (s 4(1)-(2); Schedule 1 Part 1 item 6). The Secretary has a statutory discretion to grant the authorisation, impose conditions, or refuse (s 5). The Secretary’s decision must be made against a set of mandatory considerations, including safety and public interest, the suitability and geography of the nominated venue, whether an authorised venue could reasonably accommodate the proposed use, and any disciplinary history of the applicant (s 6).

Administrative review. A decision by the Secretary under s 5 is subject to administrative review by the Tribunal under the Administrative Decisions Review Act 1997 (s 7). This preserves an external merits review pathway rather than leaving decisions solely to internal administrative review.

Sharing and supply arrangements. The regulation recognises “paintball marker sharing arrangements” between holders of paintball venue permits and sets a strict temporal cap: a supplier must not supply a marker to a recipient under such an arrangement for more than 14 consecutive days (s 8(1)). If the marker is returned within 14 days, the supplier is exempt from the notification requirement in the Act, section 66(1) (s 8(2)). If the marker is not returned within 14 days, the supplier’s period for notifying the Secretary under the Act is 21 days after supply (s 8(3)). Suppliers and recipients must keep a written record suitable for inspection and retain it for seven years, with specific data points required (s 8(4)).

Safety, training and supervision. The regulation prescribes protective clothing and equipment required to enter a paintball game area where markers are present, namely protective eye and face covering (example given: paintball helmet or mask), enclosed shoes and other clothing that covers “as much of the person as is reasonable” (s 11(1)-(2)). The regulation requires training courses for paintball marker permit applicants and for employees of paintball venue permit holders who do not themselves hold paintball marker permits (ss 10, 12). The courses must address safe use and safe conduct, be approved by the Secretary, and be provided either by or on behalf of the Secretary or by an approved entity (ss 10(c), 12(c)).

Register and information flows. The Register of paintball markers must include identification information adequate to identify markers without serial numbers (with examples), the permit holder’s address and storage address if different, and for each permit holder and former permit holder, details of cancellations, suspensions, disciplinary actions, and convictions for relevant offences (s 13). The regulation prescribes that information about supply or disposal required under the Act must be provided within seven days and in a form approved by the Secretary (s 14).

Disposal protocols. Authorised suppliers must render markers permanently inoperable by severing the chassis, destroy serial numbers where present, and dispose of remaining parts safely and with care against causing injury to persons or property, subject to a maximum penalty of 50 penalty units (s 15).

Fees and indexing. Schedule 1 prescribes fee items and fee unit amounts for 2024-25. It sets the fee unit at $119.64 for 2024-25 and provides an indexing mechanism for later financial years using CPI numbers for the March quarter (Schedule 1 Part 2, s 2). It also prescribes rounding rules for fee units and for fees calculated from fee units (Schedule 1 Part 2 sections 2 and 3). The Secretary must notify Parliamentary Counsel and publish indexed fees after the CPI number is published (Schedule 1 Part 2, s 4).

Enforcement mechanics. The regulation cross‑refers to penalty notice provisions. Schedule 2 lists offences for which penalty notices may be issued, and sets monetary penalty notice amounts for corporations and individuals for specified provisions of the Act and selected provisions of this regulation (Schedule 2 table; Schedule 2(1)). In addition, specific provisions in the regulation carry maximum penalties expressed in penalty units (s 8(4) and s 15).

Equivalence and residency. The regulation lists certain interstate licences that are to be treated as equivalent to a paintball marker permit for the purposes of the Act, while prescribing that equivalent authorisations cease to be taken as paintball marker permits if the licence holder resides in NSW for a continuous period of more than three months (s 19).

Together, these concepts create a compliance architecture that links licensing, training, on‑site safety, short‑term sharing of equipment, recordkeeping, disposal, fees and enforcement. The Secretary is the central decision maker and approver for forms, courses and many authorisations.

This regulation affects multiple classes of persons and entities with distinct roles and obligations. Those primary stakeholders are paintball marker permit holders, paintball venue permit holders, suppliers and recipients under sharing arrangements, authorised suppliers, employees at venues, applicants for venue or marker permits, the Secretary and enforcement authorities, and holders of equivalent interstate licences.

Paintball marker permit holders. The regulation enables holders of paintball marker permits to apply for authorisations to use markers at places other than authorised venues (s 4). They must apply in an approved form, provide any information the Secretary requires, and pay the prescribed fee (s 4(2); Schedule 1 Part 1 item 6). The regulation also prescribes the training required for a marker permit applicant (s 10), so prospective and current permit holders must comply with approved training standards.

Paintball venue permit holders. Venue permit holders are affected in numerous ways. They can act as suppliers and recipients in sharing arrangements but must comply with the 14‑day supply cap and the recordkeeping and notice obligations (s 8). Venue permit holders may be required to ensure employees are suitably trained (s 12), to supply protective equipment or enforce clothing rules (s 11), and to ensure compliance with disposal protocols for authorised suppliers (s 15). If an applicant for a venue permit lacks proof that an approval under the Environmental Planning and Assessment Act 1979 is in force, the Secretary may refuse the permit (s 16).

Suppliers and recipients in sharing arrangements. The regulation defines supplier and recipient as holders of paintball venue permits who provide or receive paintball markers under a paintball marker sharing arrangement (s 8(5)). Suppliers must limit supply to 14 consecutive days (s 8(1)), maintain prescribed written records for seven years (s 8(4)), and, where markers are not returned within 14 days, comply with a 21‑day notification period to the Secretary under the Act (s 8(3)). Failure to keep records attracts a maximum penalty of 50 penalty units (s 8(4)) and a penalty notice offence amount is listed for s 8(4) in Schedule 2.

Authorised suppliers. Those authorised to dispose of paintball markers must follow the disposal process in s 15, including severing the chassis and destroying serial numbers where present, otherwise risking a maximum penalty of 50 penalty units (s 15).

Employees who do not hold a paintball marker permit. The regulation requires such employees to satisfactorily complete approved training addressing safe use and conduct (s 12). Employers will need to ensure training provision and keep records to demonstrate compliance.

Interstate licence holders. Holders of specified interstate licences are treated as equivalent authorisations to NSW paintball marker permits for a limited period (s 19(1)). However, the equivalence ceases if the holder resides in NSW for a continuous period exceeding three months (s 19(2)). This affects travellers, visiting competitors and other non‑resident licence holders.

Applicants interacting with other agencies. Applicants for venue permits will be affected if the Secretary requires information from other agencies to assess an application, because the deemed refusal clock pauses while the Secretary awaits those documents (s 17(2)). This creates an operational linkage between local planning authorities and the Secretary’s processing of venue permits.

The Secretary and administrative actors. The Secretary is the central decision maker for authorisations off venue (s 5), approver of training courses and approved entities (ss 10(c), 12(c)), approver of forms for information provided to the Secretary (s 14(2)), and has fee waiver powers (s 21). Practitioners and applicants will interface with the Secretary’s office for application forms, fee notices, approvals and public notices (Schedule 1 Part 2, s 4).

Enforcement and the public. The regulation affects enforcement authorities through the creation of penalty notice offences (Schedule 2) and through statutory requirements that influence public safety, such as protective clothing rules (s 11) and disposal requirements (s 15). The public may be affected insofar as the Secretary must consider public safety and public interest when assessing off‑site authorisations (s 6(f)-(g)).

Financially, those who pay fees under the Act or regulation are affected by the fee schedule in Schedule 1 Part 1 and the indexing and rounding rules that will change fee amounts each financial year (Schedule 1 Part 2, ss 2-4). The Secretary can also waive, reduce or refund fees in cases of financial hardship or special circumstances such as natural disasters (s 21).

Overall, the regulation places procedural, recordkeeping, training, safety, and fee obligations on a mixture of permit holders, venue operators, suppliers, employees and applicants, while centralising much of the regulatory discretion and approval functions in the Secretary’s office.

This regulation creates specific duties to act and procedural rights to seek review and exemptions. The central duties are application and notification obligations, recordkeeping, safety equipment and training requirements, disposal obligations, and fee payment. Key rights include the right to apply for authorisations, administrative review rights, fee waiver powers, and recognition of certain interstate licences.

Duties

• Application format and fees: An applicant seeking an authorisation to use a paintball marker at a place other than an authorised venue must apply to the Secretary in the approved form, supply any information the Secretary requires, and pay the fee specified in Schedule 1 (s 4(1)-(2); Schedule 1 Part 1 item 6). This creates a duty to use the Secretary’s approved form and to supply whatever additional information is requested.
• Secretary’s considerations and compliance with conditions: If an authorisation is granted, the Secretary may include conditions (s 5). Permit holders who accept conditions must comply with them, and non‑compliance may be subject to disciplinary action under the Act (s 6(b) cross‑refers to disciplinary action).
• Sharing arrangements recordkeeping and timing: Suppliers and recipients in a paintball marker sharing arrangement must keep a written record suitable for inspection and retain it for seven years, including names, addresses, permit numbers, serial numbers or identifying particulars, dates of supply and return, and confirmation where the marker was not returned (s 8(4)). Suppliers must not supply a marker under a sharing arrangement for more than 14 consecutive days (s 8(1)). If a marker is not returned within 14 days, the period for notifying the Secretary under the Act is 21 days after supply (s 8(3)). These duties create operational and documentation obligations on venue permit holders.
• Training requirements: The regulation requires the course of training for a paintball marker permit to address safe use and conduct, be approved by the Secretary, and be provided either by or on behalf of the Secretary or by an approved entity (s 10). Similarly, employees who do not hold a paintball marker permit must complete an approved course (s 12). These are positive duties on applicants and employers to secure and document approved training.
• Protective clothing: Persons allowed to enter a paintball game area while markers are present must wear prescribed protective clothing and equipment, including protective eye and face covering, enclosed shoes and reasonably sufficient covering clothing (s 11(1)-(2)). Venue operators must enforce this access condition.
• Register entries and information provision: The Register must include specific information about markers and permit holders (s 13). Information about supply or disposal must be provided to the Secretary within seven days and in an approved form (s 14). These are documentary duties on permit holders and suppliers.
• Disposal obligations: An authorised supplier disposing of a paintball marker must sever the chassis, destroy the serial number if present and dispose of remaining parts safely with care against causing injury (s 15). Failure attracts a maximum penalty (s 15).
• Environmental planning proof for venue permits: Applicants for paintball venue permits must provide information demonstrating that any required approval under the Environmental Planning and Assessment Act 1979 is in force, or the Secretary may refuse the venue permit (s 16).

Rights

• Right to apply for authorisations and permits: The regulation specifies application mechanisms and thus preserves the right to apply for authorisations (s 4).
• Administrative review: An applicant may apply to the Tribunal for administrative review of a Secretary decision under s 5 (s 7). This is an enforceable procedural right in law.
• Fee waiver discretion: The Secretary may waive, reduce, postpone or refund fees paid under the Act or this regulation where a person is suffering financial hardship or special circumstances exist, such as natural disaster recovery (s 21). This is a discretionary right available to fee‑payers.
• Recognition of interstate licences: Holders of specified interstate authorisations are treated as equivalent to paintball marker permits while they remain non‑residents or until residing in NSW for more than three months (s 19(1)-(2)). This creates a transitional right for visiting licence holders.
• Deemed refusal timing: If the Secretary fails to give notice of a decision within 28 days, the Secretary is taken to have refused the permit under s 17(1), except where the Secretary is awaiting information from another agency (s 17(2)). This creates a procedural right to consider a deemed refusal when timeliness rules are not met.

Enforcement and remedies

• Penalty notices: Schedule 2 designates certain breaches as penalty notice offences and sets amounts for corporations and individuals. Schedule 2(1) refers to the Act’s section 74 mechanism for issuing penalty notices. These allow enforcing agencies to issue monetary penalty notices for listed offences, providing an administrative enforcement tool in addition to criminal sanctions elsewhere in the Act.
• Tribunal review: Administrative review rights via the Tribunal under the Administrative Decisions Review Act 1997 are preserved for Secretary decisions under s 5 (s 7).

In short, the regulation couples prescriptive duties (training, protective equipment, recordkeeping, disposal, notification) with procedural rights (application, review, fee relief). Decision‑making power and approval rights are concentrated in the Secretary. Practitioners must therefore manage both substantive compliance and ongoing interaction with the Secretary’s administrative processes.

The regulation deploys both maximum penalty provisions expressed in penalty units and a schedule of penalty notice offences with fixed monetary amounts for corporations and individuals. Enforcement tools include penalty notices, maximum criminal or regulatory penalties, and administrative review mechanisms.

Penalty units and specified maximum penalties. Two provisions in the regulation carry maximum penalties expressed in penalty units. Section 8(4) imposes a maximum penalty of 50 penalty units for the failure to keep and retain written records as required in relation to paintball marker sharing arrangements. Section 15, the disposal requirements for authorised suppliers, also carries a maximum penalty of 50 penalty units. The regulation does not specify the dollar value of a penalty unit; that figure is set elsewhere in NSW legislation. These maximum penalties operate in addition to the penalty notice framework where applicable.

Penalty notice offences and fixed amounts. Schedule 2 lists offences for which a penalty notice may be issued under the Act, section 74, and specifies the amount payable for corporations and individuals in each case (Schedule 2 table; Schedule 2(1)(1)(a)). The table covers a range of contraventions of the Act, such as contraventions of conditions tied to Act sections 36A, 36B, 37, 38 and 39, and specific offences in the Act (for example, sections 30(1), 33(2), 34(3), 63, 64, 66(1) and 66(3)). The regulation also lists offences under the regulation itself as penalty notice offences, including s 8(4) and s 15(a) or (b) (Schedule 2 table).

Examples from the table. As examples, the table prescribes the following penalty notice amounts: for contravention of the Act, s 37(3) the amount is $4,800 for corporations and $1,200 for individuals; for contravention of the Act, s 36A the amount is $220 for both corporations and individuals; for the regulation’s s 8(4) offence the penalty notice amount is $3,000 for corporations and $600 for individuals; and for s 15(a) or (b) the amount is $3,000 for corporations and $600 for individuals (Schedule 2). The amounts provide an administrative enforcement option for regulators to issue on‑the‑spot or administratively processed penalties without commencing criminal proceedings.

Issuers and processes. Schedule 2 operates under the Act, section 74, which enables the issuing of penalty notices for the specified offences. The schedule states that where a provision is qualified to apply in limited circumstances, a penalty notice may be issued only for the limited kind of offence or the offence committed in those limited circumstances (Schedule 2(1)(2)). This constrains the issuing agency to apply penalty notices only where the specific scenario is captured by the provision.

Administrative review and decision remedies. For refusals of authorisations under s 5, the applicant may seek administrative review by the Tribunal (s 7). For deemed refusals under s 17 where the Secretary fails to give notice within 28 days, the statutory deemed refusal produces an administrative outcome that may be reviewable. These review mechanisms allow applicants to seek merits review of Secretary decisions rather than relying solely on criminal or penalty enforcement.

Operational enforcement levers. Enforcement will commonly involve checking training compliance, recordkeeping for sharing arrangements, compliance with protective equipment rules on site, timely notifications to the Secretary in approved forms, and correct disposal procedures. Breaches of recordkeeping and disposal obligations are specifically backed by prescribed maximum penalties and penalty notice amounts (s 8(4); s 15; Schedule 2). The Secretary’s discretion to impose conditions on authorisations (s 5) creates additional compliance obligations whose breach could engage Act provisions listed in Schedule 2.

Practical enforcement implications. In practice, regulators will use the penalty notice regime for lower‑level breaches where the table prescribes amounts and reserve higher penalty unit penalties for more serious failures. The recordkeeping retention period is long at seven years (s 8(4)), making historic compliance traceable. The explicit requirement that supply and disposal information be provided in an approved form within seven days (s 14) sets a tight administrative timeframe and a point at which non‑compliance may trigger enforcement.

In sum, the regulation provides both administrative penalties via Schedule 2 and unit‑based maximum penalties in selected provisions, while maintaining administrative review options for Secretary decisions.

This regulation is constructed to operate as a subordinate instrument to the Paintball Act 2018 and to interact directly with multiple other legislative frameworks. It cross‑references obligations in the Act and relies on other statutes for definitional, licensing and planning frameworks.

Primary relationship with the Paintball Act 2018. The regulation implements and supplements the Act. Numerous provisions expressly refer to the Act for operative effect. For example, the regulation implements the Act’s off‑venue authorisation power (ss 4-7 refer to the Act, s 5(3) in the heading), enacts details relating to supply under paintball marker sharing arrangements as contemplated in the Act (s 8 references the Act, s 11(1)(d)), prescribes training for suitability under the Act (s 10 references the Act, s 14(1) references the Act, s 65(6) referenced in the Register heading at s 13). The penalty notice schedule operates under the Act’s section 74 mechanism (Schedule 2(1)).

Interaction with local planning law. Section 16 allows the Secretary to refuse a paintball venue permit if the applicant has not provided information demonstrating that an approval under the Environmental Planning and Assessment Act 1979 required to use the premises as a paintball venue is in force. This creates a direct operational link between local environmental and planning approvals and the Secretary’s exercise of licensing functions under the Paintball Act and regulation. It places an evidentiary duty on applicants to demonstrate parallel regulatory compliance under planning law.

Cross‑jurisdictional recognition of licences. Section 19 recognises particular interstate licences as equivalent authorisations to a paintball marker permit. The regulation lists licences from the Australian Capital Territory, Queensland, South Australia, Tasmania, Victoria and Western Australia and treats them as equivalent if issued in relation to a paintball marker (s 19(1)(a)-(f)). However, the equivalence is time‑limited for persons who become residents of NSW, ceasing after three months continuous residence in NSW (s 19(2)). This is an interaction between NSW licensing architecture and interstate weapons/firearms schemes.

Consumer law and other offences. Section 18 prescribes that offences under the Fair Trading Act 1987 and the Australian Consumer Law (NSW) are “relevant offences” for the purpose of the Act’s definition of relevant offence (s 18). This links consumer protection and fair trading breaches into the disciplinary and regulatory calculus under the Paintball Act, for example when the Secretary considers disciplinary action or suitability.

Administrative law. Section 7 provides a right of administrative review to the Tribunal under the Administrative Decisions Review Act 1997, situating Secretary decision‑making within the wider administrative law framework that includes merits review and judicial review principles.

Indexation and financial legislation. Schedule 1 Part 2 sets the fee unit and indexes it by reference to the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics, and imposes administrative notification duties to Parliamentary Counsel and public notice (Schedule 1 Part 2, ss 1-4). The regulation therefore interacts with Commonwealth ABS publications for fee adjustments and with the NSW Parliamentary Counsel Office for publication.

Penalty notices and enforcement frameworks. Schedule 2 ties into the Act’s penalty notice scheme, enabling enforcement consistent with the Act, section 74. The regulation thus interfaces with NSW enforcement machinery for issuing penalty notices and collecting administrative penalties.

Interpretation Act, penalty unit definitions and other statutory regimes. The regulation depends on the Act and the Interpretation Act 1987 for definitions and other interpretative rules (s 3 note). It also refers to penalty units in maximum penalties without specifying the dollar value, meaning enforcement outcomes will depend on the penalty unit value set elsewhere in NSW law.

In short, the regulation operates as an administrative and operational extension of the Paintball Act, while actively linking licensing to local planning approvals, recognising specified interstate authorisations with residency limits, importing consumer law offences into the Act’s “relevant offence” concept, and relying on CPI indexing and fee publication mechanisms. Practitioners must therefore consider cross‑compliance across planning, consumer protection and interstate licensing regimes when advising clients.

The regulation is new as of the material provided and includes both commencement and transitional provisions. The text records the following amendment and commencement history items.

• Commencement and replacement. The regulation is named the Paintball Regulation 2024 (s 1) and commences on 1 September 2024 (s 2). It expressly replaces the Paintball Regulation 2019, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2), according to the regulatory note included with s 2.
• Savings provision. Section 22 provides that any act, matter or thing that, immediately before the repeal of the Paintball Regulation 2019, had effect under that regulation continues to have effect under the 2024 regulation. This is a standard savings clause designed to avoid legal gaps upon repeal and to preserve ongoing rights or obligations created under the previous instrument (s 22).
• Fee unit editorial note and indexing. Schedule 1 Part 2 sets the fee unit for 2024-25 at $119.64 (Schedule 1 Part 2, s 2(1)(a)). It provides an indexing formula for later financial years using CPI numbers (Schedule 1 Part 2, s 2(1)(b)), rounding rules for fee units and fees (s 2(2), s 3), and an editorial note that calculates the fee unit under that formula for 2025-26 as $122.42. The presence of the editorial note indicates that the instrument anticipates annual indexing and publishes an illustrative calculation for the subsequent year.
• Discrete enactment of new operational provisions. Compared with a generic high‑level Act, the regulation introduces or restates operational controls on sharing arrangements, recordkeeping, disposal, protective gear, training providers and forms. Those are not described as amendments to prior instruments in the text provided, but their presence in this instrument is operative from the commencement date.
• No listed amendments or historical schedule within the provided text beyond the replacement of the earlier regulation and the savings clause. The regulation sets an indexed fee unit and contains an editorial note setting the 2025-26 fee unit.

Because the regulation is replacing the 2019 instrument, the key transitional mechanism is the savings clause in s 22. Practitioners should note that ongoing legal effects that derived from the 2019 regulation are preserved. Any prior approvals, records and processes that were valid immediately before repeal continue under the 2024 regulation, albeit subject to its new or differing requirements going forward. The indexing provision and editorial calculation for 2025-26 show that fee amounts are intended to change annually by reference to CPI unless the CPI calculation would reduce the fee unit in which case the prior year’s amount applies (Schedule 1 Part 2, s 2(3)).

No further amendment notes or historical annotations are contained in the provided text. Practitioners should therefore monitor the NSW legislation site and Parliamentary Counsel notices for any post‑commencement amendments or corrections, and be alert to Secretary notices required under Schedule 1 Part 2, s 4 concerning indexed fees.

The provided regulation text does not include any cases, decided litigation, or references to judicial treatment of its provisions. The instrument itself references administrative review and enforcement pathways that may give rise to future litigation, but contains no litigation history within the text supplied.

What the regulation does provide that is relevant to dispute and review processes is the right to administrative review. An applicant refused an authorisation under section 5 may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 (s 7). This creates a likely forum for future challenges to Secretary decisions on grounds such as procedural fairness, substantive merits or failure to properly consider the listed criteria in s 6.

Deemed refusal and procedural timing. The deemed refusal mechanism in s 17 imposes a 28‑day decision clock for permit applications. If the Secretary fails to notify a decision within 28 days the Secretary is taken to have refused the permit (s 17(1)), subject to an exclusion while the Secretary awaits information from another agency (s 17(2)). Past litigation in other NSW regulatory contexts suggests that deemed refusals and time‑limit calculations can be litigated where agencies purport to rely on exclusions, but no such decisions are in the text.

Enforcement via penalty notices. Schedule 2 provides a framework for issuing penalty notices for defined offences. Challenges to penalty notices typically proceed through statutory appeal or by electing to have the matter dealt with by the courts. The regulation itself does not set out appeal routes for penalty notices, but Schedule 2 is applied under the Act’s section 74 mechanism. Practitioners facing penalty notices under Schedule 2 will need to consult the Act and the penalty notice provisions for appeal avenues, and then, if necessary, judicial review or statutory appeal mechanisms.

Potential future litigation subjects. Based on the regulation’s content, future disputes that could proceed to tribunals or courts include:

• Review of Secretary refusals or conditions on off‑venue authorisations (s 5; s 6).
• Disputes about whether an applicant provided information required by the Secretary, or whether the Secretary properly excluded time awaiting other agency information for deemed refusal calculations (s 17).
• Challenges to enforcement actions or penalty notices under Schedule 2, particularly where the facts involve complex recordkeeping arrangements under s 8(4) or disposal actions under s 15.
• Claims related to the Secretary’s exercise of discretion to waive or reduce fees under s 21, where financial hardship or special circumstances are claimed.

Because the instrument is new and contains explicit administrative review rights and enforcement options, it is likely that litigation or tribunal cases will develop over time in those areas. For current practice, however, there are no reported cases or judgments referenced in the regulation text to cite or rely upon.

This regulation contains several procedural traps and operational details that can trip up operators and advisers if not explicitly managed. The following are concrete items to watch for, all grounded in the regulation’s text.

1. Time limits for sharing arrangements and notifications. Under s 8, a supplier must not supply a paintball marker under a sharing arrangement for more than 14 consecutive days (s 8(1)). If the marker is returned within 14 days, the supplier is exempt from the Act’s notification requirement (s 8(2)). If the marker is not returned within 14 days the supplier’s period for notifying the Secretary under the Act becomes 21 days after supply (s 8(3)). Practically, a supplier that miscounts days, misinterprets receipt dates, or fails to track return dates may lose the exemption and trigger notification obligations. The statute draws a clear line at 14 days that changes other obligations; it is therefore a tight operational deadline that requires reliable daily recordkeeping.

2. Recordkeeping form and retention obligations. Section 8(4) requires that suppliers and recipients keep a written record “in a form suitable for inspection” and retain it for seven years, containing specific fields such as names, addresses, permit numbers, serial numbers (or sufficient identifying information), supply and return dates, and confirmations where not returned. The provision also includes practical examples of identifying information for markers without serial numbers. Failure to have the records in an inspectable form or misplacing records within the seven‑year period exposes suppliers and recipients to the maximum penalty specified for breaches of s 8(4).

3. Approved forms and Secretary approvals. Applications to the Secretary must be made in the “approved form” (s 4(2)(a)) and information about supply and disposal must be provided in a form approved by the Secretary (s 14(2)). The Secretary also approves training courses and approved entities (ss 10(c), 12(c)). That means the Secretary controls the shape of applications, notifications and training accreditation. Absent proactive publication of approved forms and approved course providers, applicants may be functionally unable to make compliant applications.

4. Deemed refusal pause for inter‑agency information. The 28‑day deemed refusal rule under s 17 is paused when the Secretary requires information from another agency (s 17(2)). Agencies often defer to other agencies for technical approvals such as planning. If the Secretary routinely requests inter‑agency evidence without timeframes, applications may stall but will not necessarily be deemed refused. Applicants should ensure the Secretary’s requests and anticipated timelines are recorded to avoid surprise outcomes.

5. Environmental planning proof required for venue permits. Section 16 permits the Secretary to refuse a paintball venue permit where the applicant has not provided information demonstrating that an approval under the Environmental Planning and Assessment Act 1979 required to use the premises as a paintball venue is in force. This is a hard gate for venue applicants. Operators who do not secure parallel planning approvals before applying for a venue permit risk refusal.

6. Disposal procedure detail. Authorised suppliers must sever the chassis of a marker, destroy serial numbers if present, and dispose of remaining parts safely and with care against causing injury (s 15). The act of severing a chassis or destroying serial numbers must be demonstrable. Improper disposal that leaves the marker potentially operable risks the maximum penalty of 50 penalty units.

7. Training provider constraints. The regulation restricts approved training to courses provided by or on behalf of the Secretary or by an “approved entity” (ss 10(c), 12(c)). If a commercial training provider is not an approved entity, permits may not be issued or conditions may be imposed. Operators should confirm that their training provider is explicitly approved.

8. Equivalent licence residency limit. Section 19 recognises interstate licences as equivalent authorisations but only while the licence holder has not resided in NSW for more than three months continuously (s 19(2)). Visitors may assume their interstate licence is indefinitely valid; in reality, residency beyond three months will end equivalence and require a NSW paintball marker permit.

9. Fee indexing and rounding. Fees are expressed in fee units and indexed annually by CPI (Schedule 1 Part 2, s 2). The fee unit for 2024-25 is $119.64 and rounding rules mean that fees are rounded to the nearest dollar with 50 cents rounded down (Schedule 1 Part 2, ss 2-3). Fee calculations that ignore rounding rules will produce slightly incorrect amounts. The Secretary is required to notify the Parliamentary Counsel and publish new fee amounts after CPI publication, but the indexing is effective regardless of the notification timing (Schedule 1 Part 2, s 4(2)).

10. Penalty notice exactness. Schedule 2 limits penalty notice issuance to particular provisions and sometimes to limited circumstances (Schedule 2(1)(2)). Regulators should not issue penalty notices for conduct not clearly captured by the table. Conversely, operators should not assume an absence of a penalty notice amount means immunity, because other enforcement mechanisms or higher penalty unit offences may still apply.

Each of these gotchas is concrete and actionable. Risk management requires documented procedures for day counting in sharing arrangements, robust record retention protocols, prior confirmation of planning approvals for venues, proactive engagement with the Secretary about approved forms and providers, and careful fee calculations in line with the indexed fee unit and rounding rules.

Compliance with the Paintball Regulation 2024 requires a programmatic approach across applications, training, safety, records, notifications, disposal and fees. Below are concrete steps and checklists derived directly from the regulation.

1. Applications and forms

• Use only approved forms when applying for authorisations to use paintball markers off authorised venues (s 4(2)(a)). Contact the Secretary’s office to obtain the approved form before preparing the application.
• Provide any information requested by the Secretary in completing the application (s 4(2)(b)). Keep copies of all supporting documents supplied.
• Pay the prescribed fee from Schedule 1 Part 1 item 6 for an authorisation to use a marker at a place other than an authorised venue (s 4(2)(c); Schedule 1 Part 1 item 6).

2. Understand Secretary decision criteria and prepare your case

• When applying, address the factors the Secretary must consider: the information the applicant provides, any disciplinary history under the Act, whether an authorised paintball venue can reasonably accommodate the proposed use, suitability of the nominated venue, venue size, location, geography, proximity to community facilities, public safety risk, and public interest (s 6). Prepare written submissions that specifically address these criteria.

3. Training and supervision

• Ensure all paintball marker permit applicants complete an approved course that addresses safe use and conduct, is approved by the Secretary and is delivered by or on behalf of the Secretary or by an approved entity (s 10).
• For employees at a paintball venue who do not hold marker permits, ensure they satisfactorily complete an approved training course with the same content and provider constraints (s 12).
• Maintain records of course completion and approvals, and retain these as part of compliance documentation.

4. Protective equipment and on‑site safety

• Require and enforce the wearing of protective covering for the eyes and face (for example, a paintball helmet or mask), enclosed shoes and other clothing that covers as much of the person as is reasonable when there is a paintball marker in the game area (s 11(1)-(2)). Include gear inspection checklists and signage on entry to game areas.

5. Sharing arrangements and recordkeeping

• If you supply or receive markers under a paintball marker sharing arrangement, do not exceed 14 consecutive days of supply (s 8(1)).
• Create a standard written record template suitable for inspection and include all fields required by s 8(4): supplier and recipient name, address and paintball venue permit number, marker serial number or other identifying information if no serial number, date of supply, date of return if returned within 14 days, and confirmation if not returned. Retain these records for seven years (s 8(4)).
• If a marker is not returned within 14 days, notify the Secretary within 21 days after the marker was supplied, consistent with the Act’s section 66(1) timeline as modified by s 8(3).

6. Register and notifications to Secretary

• Ensure that the Register information (either your obligation or the Secretary’s, as applicable under the Act) includes the details listed in s 13: identifying information for markers without serial numbers, permit holder address and storage address if different, and, for permit holders and former permit holders, details of cancellations, suspensions, disciplinary actions and convictions.
• Provide information about supply or disposal to the Secretary within seven days in a form approved by the Secretary (s 14(1)-(2)). Confirm the approved form with the Secretary to avoid late or defective notifications.

7. Disposal of markers

• If you are an authorised supplier disposing of a paintball marker, sever the chassis to make the marker permanently inoperable, destroy the serial number if present and dispose of the remaining parts safely with care to avoid injury (s 15). Document the disposal process with photos, witness statements or certificates, and retain these records in case of compliance checks.
• Be aware that s 15 carries a maximum penalty of 50 penalty units for non‑compliance.

8. Venue permits and planning approvals

• Before applying for a paintball venue permit, obtain and be prepared to show evidence that any required approval under the Environmental Planning and Assessment Act 1979 to use the premises as a paintball venue is in force; otherwise the Secretary may refuse the permit (s 16).
• Coordinate with planning authorities early in the process to avoid delays or refusals.

9. Fees, indexing and rounding

• Use the fee unit for 2024-25 at $119.64 for calculating dollar fees (Schedule 1 Part 2, s 2(1)(a)). Apply the rounding rules in Schedule 1 Part 2, s 3: round the fee to the nearest dollar, with 50 cents rounded down.
• Example calculations based on the 2024-25 fee unit:
  • Application for a paintball venue permit (5 fee units): 5 x $119.64 = $598.20, rounded to $598.
  • Application for a paintball marker permit (0.75 fee units): 0.75 x $119.64 = $89.73, rounded to $90.
  • Application for an authorisation to use a paintball marker at a place other than an authorised venue (0.95 fee units): 0.95 x $119.64 = $113.66, rounded to $114.
• Monitor the Secretary’s notifications and Parliamentary Counsel publications after the March quarter CPI for indexed fee updates (Schedule 1 Part 2, s 4). Remember the indexed fee is effective even if the Secretary’s notice is not yet published (s 4(2)).

10. Penalty notices and enforcement risk

• Review Schedule 2 for penalty notice amounts relevant to your operation and prioritise compliance for those listed provisions. Maintain auditable records that demonstrate ongoing compliance with training, safety, recordkeeping and notifications.
• Where an administrative penalty is issued, check the Act’s penalty notice appeal or election mechanisms and consider Tribunal review for decisions under s 5.

11. Special circumstances and fee relief

• If fee payment creates hardship, apply to the Secretary for waiver, reduction, postponement or refund under s 21, setting out financial hardship or special circumstances such as natural disaster recovery.

12. Interstate licences and residency

• If relying on an interstate licence recognised as an equivalent authorisation under s 19, keep a record of time spent in NSW. If you expect to reside in NSW for more than three months continuously, apply for a NSW paintball marker permit well before the three‑month residency threshold is reached to avoid a lapse in equivalence.

13. Internal compliance processes

• Institute a written compliance manual referencing the precise statutory obligations: training approval (ss 10, 12), safety equipment (s 11), sharing arrangement limits and records (s 8), notification timelines (s 14), disposal method (s 15) and planning approval evidence for venues (s 16).
• Assign an officer responsible for interactions with the Secretary for forms, approvals, approved entities and notifications, and maintain a calendar for fee indexing announcements and key dates such as return deadlines for sharing arrangements.

Following these steps, with documentary evidence for each compliance activity, will align operations with the regulation’s requirements. The Secretary is the principal administrative counterpart, so confirming the latest approved forms, lists of approved entities and the Secretary’s published notices is essential to maintain compliance.