sec.2Application of Act

### sec.2 Application of Act This Act does not apply to a person— who is— a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when participating in the activities of the cadet force in which the person is a member; or Cadet Forces Regulations 1977 (Cwlth) , section 2 — cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets. member means an officer, instructor or cadet in a cadet force. The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth) , the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth) . who is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or who is an officer of Customs in the Australian Border Force in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or who is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner— in respect of the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of the person’s functions as a member of the Queensland police service; or while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or who is undergoing an approved training course in respect of the person’s possession or use of a weapon as part of the training course; or whilst, and to the extent, the person is actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or whilst, and to the extent, the person is engaged in scientific or experimental work in relation to a weapon, including in relation to the manufacture of a weapon, under an authority given by the Minister for this section; or being a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of— a licensed dealer; or the armed forces of the Commonwealth; or any authority of the Commonwealth or State; in respect of possession of merchandise consigned thereto or therefrom; or to whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions. This Act does not apply to a government service entity or an employee of a government service entity in relation to the entity’s or employee’s acquisition, possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of— the functions of the entity or employee; or if the functions of the entity or employee are prescribed under a regulation—those functions of the entity or employee that are prescribed. Subsection (2) does not exempt a government service entity or an employee of a government service entity from— the application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or the application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4) . The conditions are— for a government service entity— the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details— where the weapon is stored; the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and the entity issues the weapon to an employee only if it is satisfied— the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and the employee holds a firearms licence; and the employee is properly trained in the use of the weapon; and for an employee of a government service entity—the employee holds a firearms licence. An employee mentioned in subsection (4) (a) (iv) may possess any category of weapon in the performance of the employee’s functions even though the employee is not licensed to possess the category of weapon. The condition mentioned in subsection (4) (a) (iv) (B) does not apply to a prescribed service entity. The condition mentioned in subsection (4) (b) does not apply to an employee of a prescribed service entity. The operation of this section is subject to the Domestic and Family Violence Protection Act 2012 , section 83 . In this section— Australian Border Force see the Australian Border Force Act 2015 (Cwlth) , section 4 (1) . government service entity means— a department of Government of the State; or a museum under the control of the Government of the State or the Commonwealth; or another entity prescribed under a regulation that— is established under an Act or under State authorisation for a public or State purpose; or is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity; but does not include the Queensland Police Service. officer of Customs see the Customs Act 1901 (Cwlth) , section 4 (1) . prescribed service entity means an entity prescribed for the definition government service entity , paragraph (c) . s 2 amd 1991 No. 97 s 3 sch 1 ; 1994 No. 13 s 5 ; 1996 No. 41 s 4 ; 1997 No. 48 s 4 ; 1999 No. 9 s 3 sch ; 2002 No. 6 s 45 ; 2003 No. 37 s 4 ; 2004 No. 8 s 42 ; 2011 No. 37 s 4 ; 2012 No. 5 s 230 sch 1 pt 2 ; 2015 No. 27 s 16 ; 2026 No. 4 s 53 (sec.2-ssec.1) This Act does not apply to a person— who is— a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when participating in the activities of the cadet force in which the person is a member; or Cadet Forces Regulations 1977 (Cwlth) , section 2 — cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets. member means an officer, instructor or cadet in a cadet force. The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth) , the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth) . who is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or who is an officer of Customs in the Australian Border Force in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or who is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner— in respect of the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of the person’s functions as a member of the Queensland police service; or while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or who is undergoing an approved training course in respect of the person’s possession or use of a weapon as part of the training course; or whilst, and to the extent, the person is actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or whilst, and to the extent, the person is engaged in scientific or experimental work in relation to a weapon, including in relation to the manufacture of a weapon, under an authority given by the Minister for this section; or being a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of— a licensed dealer; or the armed forces of the Commonwealth; or any authority of the Commonwealth or State; in respect of possession of merchandise consigned thereto or therefrom; or to whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions. (sec.2-ssec.2) This Act does not apply to a government service entity or an employee of a government service entity in relation to the entity’s or employee’s acquisition, possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of— the functions of the entity or employee; or if the functions of the entity or employee are prescribed under a regulation—those functions of the entity or employee that are prescribed. (sec.2-ssec.3) Subsection (2) does not exempt a government service entity or an employee of a government service entity from— the application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or the application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4) . (sec.2-ssec.4) The conditions are— for a government service entity— the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details— where the weapon is stored; the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and the entity issues the weapon to an employee only if it is satisfied— the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and the employee holds a firearms licence; and the employee is properly trained in the use of the weapon; and for an employee of a government service entity—the employee holds a firearms licence. (sec.2-ssec.5) An employee mentioned in subsection (4) (a) (iv) may possess any category of weapon in the performance of the employee’s functions even though the employee is not licensed to possess the category of weapon. (sec.2-ssec.6) The condition mentioned in subsection (4) (a) (iv) (B) does not apply to a prescribed service entity. (sec.2-ssec.7) The condition mentioned in subsection (4) (b) does not apply to an employee of a prescribed service entity. (sec.2-ssec.8) The operation of this section is subject to the Domestic and Family Violence Protection Act 2012 , section 83 . (sec.2-ssec.9) In this section— Australian Border Force see the Australian Border Force Act 2015 (Cwlth) , section 4 (1) . government service entity means— a department of Government of the State; or a museum under the control of the Government of the State or the Commonwealth; or another entity prescribed under a regulation that— is established under an Act or under State authorisation for a public or State purpose; or is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity; but does not include the Queensland Police Service. officer of Customs see the Customs Act 1901 (Cwlth) , section 4 (1) . prescribed service entity means an entity prescribed for the definition government service entity , paragraph (c) . - (a) who is— (i) a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or (ii) a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or (iii) a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when participating in the activities of the cadet force in which the person is a member; or Editor’s notes— 1 Cadet Forces Regulations 1977 (Cwlth) , section 2 — cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets. member means an officer, instructor or cadet in a cadet force. 2 The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth) , the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth) . - (i) a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or - (ii) a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or - (iii) a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when participating in the activities of the cadet force in which the person is a member; or - 1 Cadet Forces Regulations 1977 (Cwlth) , section 2 — - cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets. - member means an officer, instructor or cadet in a cadet force. - 2 The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth) , the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth) . - (b) who is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or - (c) who is an officer of Customs in the Australian Border Force in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or - (d) who is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when performing the duties of an officer; or - (e) who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner— (i) in respect of the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of the person’s functions as a member of the Queensland police service; or (ii) while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or - (i) in respect of the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of the person’s functions as a member of the Queensland police service; or - (ii) while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or - (g) who is undergoing an approved training course in respect of the person’s possession or use of a weapon as part of the training course; or - (h) whilst, and to the extent, the person is actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or - (i) whilst, and to the extent, the person is engaged in scientific or experimental work in relation to a weapon, including in relation to the manufacture of a weapon, under an authority given by the Minister for this section; or - (k) being a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or - (l) who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of— (i) a licensed dealer; or (ii) the armed forces of the Commonwealth; or (iii) any authority of the Commonwealth or State; in respect of possession of merchandise consigned thereto or therefrom; or - (i) a licensed dealer; or - (ii) the armed forces of the Commonwealth; or - (iii) any authority of the Commonwealth or State; - (m) to whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions. - (i) a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or - (ii) a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of performance of duty as such member; or - (iii) a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, when participating in the activities of the cadet force in which the person is a member; or - 1 Cadet Forces Regulations 1977 (Cwlth) , section 2 — - cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets. - member means an officer, instructor or cadet in a cadet force. - 2 The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth) , the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth) . - (i) in respect of the person’s possession or use of a weapon, or possession or distribution of blueprint material for the manufacture of a firearm, as part of the performance of the person’s functions as a member of the Queensland police service; or - (ii) while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or - (i) a licensed dealer; or - (ii) the armed forces of the Commonwealth; or - (iii) any authority of the Commonwealth or State; - (a) the functions of the entity or employee; or - (b) if the functions of the entity or employee are prescribed under a regulation—those functions of the entity or employee that are prescribed. - (a) the application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or - (b) the application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4) . - (a) for a government service entity— (i) the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and (ii) the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details— (A) where the weapon is stored; (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and (iii) at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and (iv) the entity issues the weapon to an employee only if it is satisfied— (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and (B) the employee holds a firearms licence; and (C) the employee is properly trained in the use of the weapon; and - (i) the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and - (ii) the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details— (A) where the weapon is stored; (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and - (A) where the weapon is stored; - (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and - (iii) at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and - (iv) the entity issues the weapon to an employee only if it is satisfied— (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and (B) the employee holds a firearms licence; and (C) the employee is properly trained in the use of the weapon; and - (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and - (B) the employee holds a firearms licence; and - (C) the employee is properly trained in the use of the weapon; and - (b) for an employee of a government service entity—the employee holds a firearms licence. - (i) the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and - (ii) the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details— (A) where the weapon is stored; (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and - (A) where the weapon is stored; - (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and - (iii) at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and - (iv) the entity issues the weapon to an employee only if it is satisfied— (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and (B) the employee holds a firearms licence; and (C) the employee is properly trained in the use of the weapon; and - (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and - (B) the employee holds a firearms licence; and - (C) the employee is properly trained in the use of the weapon; and - (A) where the weapon is stored; - (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and - (A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and - (B) the employee holds a firearms licence; and - (C) the employee is properly trained in the use of the weapon; and - (a) a department of Government of the State; or - (b) a museum under the control of the Government of the State or the Commonwealth; or - (c) another entity prescribed under a regulation that— (i) is established under an Act or under State authorisation for a public or State purpose; or (ii) is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity; - (i) is established under an Act or under State authorisation for a public or State purpose; or - (ii) is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity; - (i) is established under an Act or under State authorisation for a public or State purpose; or - (ii) is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity;