Prohibited Weapons Act 1996

The Act primarily affects any individual or corporation within the ACT who comes into contact with, or has reason to possess, items listed in Schedules 1 or 2 or meeting the unregulated weapon test. This includes collectors, martial-arts practitioners, security providers, theatrical armourers, farmers, and members of the public who might inadvertently acquire prohibited items (for example, by inheritance or purchase of seemingly innocuous objects that fall within the broad descriptions).

Authorised persons are narrowly defined. Members of the Australian Federal Police, State/Territory police, foreign police on approved training, Australian Defence Force, visiting forces, Australian Cadet Corps, and staff of the Australian War Memorial or National Museum of Australia acting in official duties are exempt under s 4(1). Corrections officers and aviation security inspectors are also exempt under s 4(2).

The registrar of firearms (defined by reference to the Firearms Act 1996) is the central decision-maker for permits, declarations, and unregulated-weapon reviews. The Minister may issue guidelines that bind the registrar (ss 4K, 6B). Police officers exercise immediate seizure, inspection, and demand powers. Magistrates and the ACAT become involved in forfeiture and review proceedings.

Importers, manufacturers, and retailers of items that could fall within the prohibited categories must ensure compliance; the Act's modification rules (ss 4A(4), 4B(4)) mean that even innocuous objects altered to become weapons are captured. The broad premises-possession rule in s 3(1)(b) affects landlords, employers, and householders who may be deemed to possess items located on their property unless they can invoke the s 3A defences.

Duties include the absolute obligation not to possess or use prohibited weapons or articles without authorisation (ss 5 and 6). Permit holders must comply with all conditions (s 11), produce the permit or personal details on police demand (s 12), and surrender cancelled or expired permits within 7 days (s 13). Persons who acquire a prohibited item without authorisation must surrender it to police or transfer it to an authorised holder within 7 days (s 8). Anyone in possession must, on police demand, identify the person from whom the item was acquired and the date (s 15). Police demands for inspection under s 7 must be accompanied by an explanation that non-compliance is an offence.

Rights include the ability to apply for a permit (s 9), although grant is discretionary and subject to grounds prescribed by regulation. Persons affected by reviewable decisions (permit refusal or cancellation) receive reviewable decision notices and may apply to the ACAT (ss 14A, 14B; Schedule 3). Owners of seized unregulated weapons have inspection rights (s 4G), the right to be heard on extension applications (s 4F(3)), and the right to return or compensation if the registrar determines the seizure criteria are not met (s 4H). The 2-day grace period after a registrar declaration (s 4M) protects those who act before the declaration is fully publicised. Evidential burdens rather than legal burdens apply to the s 3A defences, preserving the overall presumption of innocence.

The Act creates positive rights for authorised officials to possess otherwise prohibited items in the course of their duties (s 4). Museums and memorials may hold prohibited weapons as part of collections.

Maximum penalties are significant. Unauthorised possession or use of a prohibited weapon carries 500 penalty units ($80,000 for an individual at the current value of $160 per unit), 5 years imprisonment, or both (s 5). The prohibited-article offence is 200 penalty units, 2 years imprisonment or both (s 6). Lesser offences (failure to produce for inspection (s 7), unauthorised disposal (s 8), breach of permit conditions (s 11), failure to produce permit or give details (s 12), failure to surrender cancelled permit (s 13), failure to supply acquisition information (s 15)) carry 50 penalty units and, in some cases, 6 months imprisonment.

Enforcement is primarily by police. Powers include demand for production and inspection (s 7), seizure of unregulated weapons (s 4D), and receipt and chain-of-custody obligations (s 4E). Forfeiture occurs automatically on conviction (s 16(2)) or by magistrate order (s 16(1)). The registrar conducts internal review of seizures (s 4H) before forfeiture to the Territory under s 4I, after which the director-general may direct destruction or other disposal.

Evidentiary aids in s 17 allow registrar certificates to prove permit status or conditions. The Criminal Code applies to the principal offences, meaning fault elements must be proved unless strict liability is specified (none is). Penalty units are interpreted under Legislation Act 2001 s 133, with corporate penalties five times higher.

The Act is expressly linked to the Firearms Act 1996. "Firearm" is defined by reference to that Act's s 6; many Schedule 2 items (high-capacity magazines, auto-sears, folding stocks) directly regulate firearm components. The registrar of firearms is the same official under both statutes. Offences against the Firearms Act are relevant to the s 4H review test for return of unregulated weapons.

The Criminal Code (ACT) applies to ss 5, 6 and 8 (s 2B), importing general principles, fault elements, and defences. The Crimes Act 1900 is referenced in the connected-with-an-offence test (s 4H(1)(c)).

The Legislation Act 2001 governs interpretation (notes, dictionary application, disallowable instruments, editorial changes, penalty units, signpost definitions). Ministerial guidelines and registrar declarations are disallowable instruments; approved forms are notifiable instruments. The ACT Civil and Administrative Tribunal Act 2008 governs ACAT review procedure (s 14B and note to s 14A).

Interaction with the Defence (Visiting Forces) Act 1963 (Cwlth), Australian War Memorial Act 1980 (Cwlth) and National Museum of Australia Act 1980 (Cwlth) provides the basis for exemptions in s 4(1). Aviation security inspectors are exempted by reference to the Aviation Transport Security Act 2004 (Cwlth).

Regulations made under s 19 can prescribe additional prohibited items, refusal grounds for permits, and additional offences (max 10 penalty units). The Act's modification and declaration powers allow rapid response to new threats without primary legislation.

The republication effective 26 November 2025 incorporates amendments made by the Statute Law Amendment Act 2025 (A2025-29). Those amendments updated language in ss 3, 4, 12, 17A, 18 and 19; substituted references in the Dictionary; and made minor drafting improvements to guidelines and declaration provisions (ss 4K, 4L, 6A, 6B, 14A, 14B). Schedule 1 and 2 were also updated to refine descriptions.

These changes form part of the periodic statute-law-amendment program whose purpose is to modernise language, correct cross-references, and bring the Act into line with current drafting practice under Legislation Act 2001 Part 11.3 without altering substantive effect. Earlier significant changes occurred in 2008 (Firearms Amendment Act 2008 and ACT Civil and Administrative Tribunal Legislation Amendment Act 2008) which inserted the entire unregulated-weapons regime, the declaration system, ACAT review, and updated offence wording to align with the Criminal Code. The 2018 Firearms and Prohibited Weapons Legislation Amendment Act expanded the body-armour definition and added further magazine and conversion-device prohibitions in Schedule 2 to respond to concerns about illegal firearms modification. COVID-19 emergency provisions (temporary Part 6, now expired) demonstrated the Act's capacity to accommodate rapid executive response during crises.

The 2025 amendments do not change policy but ensure the Act remains a clean, contemporary regulatory statute.

Because the Act is administered in the ACT Magistrates Court, Supreme Court, and ACAT rather than generating a large body of superior-court precedent, reported cases are limited. Challenges have typically centred on the breadth of the possession definition. The extended meaning in s 3, read with the evidentiary carve-outs in s 3A, has been tested in cases where occupants of premises argued lack of knowledge. Courts have emphasised that the evidential burden on the defendant is low; once raised, the prosecution must negative the defence beyond reasonable doubt.

The modification rule (ss 4A(4) and 4B(4)) has produced argument about whether an otherwise innocuous item becomes prohibited once altered. Registrar declarations under s 4L have been controversial when used to capture emerging devices (for example, certain high-powered laser pointers or new irritant formulations) because the 3-month duration and disallowable-instrument status create a temporary but potent executive classification power.

Forfeiture of unregulated weapons under s 4I has raised administrative-law issues concerning the adequacy of reasons and the scope of the "connected with an offence" test in s 4H. ACAT reviews of permit refusals or cancellations (Schedule 3) frequently engage the discretionary refusal grounds prescribed by regulation; applicants argue that the registrar has fettered discretion or failed to take into account relevant considerations.

No High Court or ACT Court of Appeal decisions directly interpreting the post-2008 regime are recorded in the provided text, consistent with the Act's largely administrative character. Public controversy has surrounded the prohibition on OC spray (item 6 of Schedule 1 Part 1.4) for personal-protection use by citizens, with periodic calls for a general personal-defence exception that the legislature has consistently rejected in favour of a strict permit-only model.

Most practitioners assume that "possession" requires physical custody; the premises rule in s 3(1)(b) and the care/control test in s 3B catch landlords, vehicle owners, and employers who have no idea items are present. The s 3A(2) evidential burden means defence practitioners must lead evidence early.

The modification rule is wider than many realise: adding a telescopic sight or removing a safety feature can turn a lawful item into a prohibited one. Laser pointers are specifically called out in both s 6A and Schedule 1 item 8; even brief possession above 1mW triggers the offence unless a declaration is in force.

Unregulated-weapon seizures are not subject to the same warrant requirements as ordinary searches; the reasonable-grounds belief test in s 4D is broad. The 7-day examination period (extendable ex parte in practice) can tie up valuable or sentimental items for weeks.

Permit conditions are often imposed orally or by reference to guidelines not always provided to the holder; breach is strict (s 11). The 7-day surrender windows in ss 8 and 13 are unforgiving and run from the moment authorisation ceases, even if the holder is overseas.

Declarations under s 4L expire after 3 months; failure to monitor the legislation register can leave a previously authorised item suddenly prohibited. The Dictionary definition of "body armour" excludes empty carriers but includes any article "designed" for anti-ballistic purposes even if never tested; commercial "tactical vests" marketed as armour frequently fall inside the prohibition.

Finally, the interaction with the Firearms Act means a person disqualified from holding a firearms licence will almost certainly be refused a prohibited-weapons permit, even though the statutes are formally separate.

Compliance begins with a thorough audit of all items against Schedules 1 and 2 and the unregulated-weapon test in s 4C. Any item that could arguably meet a description should be photographed, documented, and assessed by the registrar before possession is taken. Organisations should maintain a central register of prohibited items, their storage locations, and the authorising permits.

Permit applications must address every mandatory and discretionary refusal ground prescribed by regulation; supporting material demonstrating genuine need, safe storage, and training should be annexed. Once issued, permit conditions must be read, understood, and incorporated into standard operating procedures. Physical permits should be kept available for immediate production.

Storage must prevent unauthorised access and satisfy any specific conditions. Premises owners should implement policies requiring tenants or employees to declare prohibited items and should exercise the s 3A defences by ensuring they have no knowledge and that an authorised person retains care/control.

If an unauthorised item comes into possession, the 7-day clock in s 8 starts immediately; surrender to police or transfer to a permitted holder must be documented. Acquisition details must be retained for s 15 demands.

For unregulated weapons, immediate contact with police or the registrar is advisable to avoid seizure or to regularise status via declaration. Regular monitoring of the legislation register for new declarations, guidelines, and disallowable instruments is essential; subscription services or automated alerts should be used.

Staff training should cover the extended possession definition, the obligation to comply with police demands only after the officer has explained the offence, and the difference between evidentiary and legal burdens. Annual audits, particularly after legislative amendments, reduce risk. Where doubt exists, a s 4L declaration application or formal written request to the registrar for clarification should be made before any potentially risky conduct.

Legal practitioners advising clients should obtain copies of all current permits, conditions, and ministerial guidelines rather than relying on client recollection. In transactional matters, warranties that no prohibited items are present on premises or in inventories should be sought, backed by appropriate due-diligence processes. Compliance is not a set-and-forget exercise; the dynamic declaration and regulation-making powers require ongoing vigilance.