sec.67Possessing and acquiring restricted items

### sec.67 Possessing and acquiring restricted items A person must not, without reasonable excuse, possess or acquire a restricted item. Maximum penalty—10 penalty units. However, subsection (1) does not apply if— the restricted item is a replica of a firearm; and the person is subject to a firearm prohibition order. See section 141Y for offences relating to the acquisition or possession of a firearm by a person subject to a firearm prohibition order. For subsection (1) , it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. It is a reasonable excuse for a person to possess or acquire a laser pointer if— each of the following apply— the person is a member of a recognised astronomical organisation or a person being personally supervised by a member of a recognised astronomical organisation; the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with astronomy; the laser pointer has a power output of less than 20 milliwatts; or both of the following apply— the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with a recognised occupation; the laser pointer has a power output of less than 20 milliwatts; or both of the following apply— the person holds a licence that authorises possession of a firearm in relation to which the laser pointer may be used; the laser pointer has a power output of less than 10 milliwatts. It is a reasonable excuse for a person to possess or acquire a restricted item that is a replica of a firearm if— both of the following apply— the person is a member of an association, whether or not incorporated, that provides recreational activities involving replicas of firearms and the activities are conducted other than in, and in a way not reasonably able to be seen from, a public place; the person’s reason for possession or acquisition of the replica of a firearm is to participate in the recreational activities; or both of the following apply— the person is the holder of a collector’s licence; the person’s reason for possession or acquisition of the replica of the firearm is for it to be part of the holder’s collection of weapons. It is a reasonable excuse for a person to possess or acquire a weapon that is permanently inoperable and would be, if it were not permanently inoperable, a category A, B or C weapon if— the person is the holder of a collector’s licence; and the person’s reason for possession or acquisition of the weapon is for it to be part of the holder’s collection of weapons. Subsections (4) to (6) do not limit what may be a reasonable excuse for subsection (1) . For subsection (9) , definitions recognised astronomical organisation and recognised occupation — an astronomical organisation or an occupation may only be published on the QPS website once and for not more than 6 months; and any publication of an organisation or occupation on the QPS website has no effect to the extent it does not comply with paragraph (a) . In this section— association see the Associations Incorporation Act 1981 . recognised astronomical organisation means an astronomical organisation— prescribed under a regulation; or published on the QPS website for this paragraph. recognised occupation means an occupation— prescribed under a regulation; or published on the QPS website for this paragraph. restricted item means an item prescribed as a restricted item under the Weapons Categories Regulation 1997 . s 67 amd 1994 No. 13 s 3 sch ; 1996 No. 41 s 3 sch 1 sub 1997 No. 48 s 27 amd 2011 No. 37 s 18 ; 2020 No. 23 s 62 ; 2024 No. 45 s 70 (sec.67-ssec.1) A person must not, without reasonable excuse, possess or acquire a restricted item. Maximum penalty—10 penalty units. (sec.67-ssec.2) However, subsection (1) does not apply if— the restricted item is a replica of a firearm; and the person is subject to a firearm prohibition order. See section 141Y for offences relating to the acquisition or possession of a firearm by a person subject to a firearm prohibition order. (sec.67-ssec.3) For subsection (1) , it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. (sec.67-ssec.4) It is a reasonable excuse for a person to possess or acquire a laser pointer if— each of the following apply— the person is a member of a recognised astronomical organisation or a person being personally supervised by a member of a recognised astronomical organisation; the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with astronomy; the laser pointer has a power output of less than 20 milliwatts; or both of the following apply— the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with a recognised occupation; the laser pointer has a power output of less than 20 milliwatts; or both of the following apply— the person holds a licence that authorises possession of a firearm in relation to which the laser pointer may be used; the laser pointer has a power output of less than 10 milliwatts. (sec.67-ssec.5) It is a reasonable excuse for a person to possess or acquire a restricted item that is a replica of a firearm if— both of the following apply— the person is a member of an association, whether or not incorporated, that provides recreational activities involving replicas of firearms and the activities are conducted other than in, and in a way not reasonably able to be seen from, a public place; the person’s reason for possession or acquisition of the replica of a firearm is to participate in the recreational activities; or both of the following apply— the person is the holder of a collector’s licence; the person’s reason for possession or acquisition of the replica of the firearm is for it to be part of the holder’s collection of weapons. (sec.67-ssec.6) It is a reasonable excuse for a person to possess or acquire a weapon that is permanently inoperable and would be, if it were not permanently inoperable, a category A, B or C weapon if— the person is the holder of a collector’s licence; and the person’s reason for possession or acquisition of the weapon is for it to be part of the holder’s collection of weapons. (sec.67-ssec.7) Subsections (4) to (6) do not limit what may be a reasonable excuse for subsection (1) . (sec.67-ssec.8) For subsection (9) , definitions recognised astronomical organisation and recognised occupation — an astronomical organisation or an occupation may only be published on the QPS website once and for not more than 6 months; and any publication of an organisation or occupation on the QPS website has no effect to the extent it does not comply with paragraph (a) . (sec.67-ssec.9) In this section— association see the Associations Incorporation Act 1981 . recognised astronomical organisation means an astronomical organisation— prescribed under a regulation; or published on the QPS website for this paragraph. recognised occupation means an occupation— prescribed under a regulation; or published on the QPS website for this paragraph. restricted item means an item prescribed as a restricted item under the Weapons Categories Regulation 1997 . - (a) the restricted item is a replica of a firearm; and - (b) the person is subject to a firearm prohibition order. Note— See section 141Y for offences relating to the acquisition or possession of a firearm by a person subject to a firearm prohibition order. - (a) each of the following apply— (i) the person is a member of a recognised astronomical organisation or a person being personally supervised by a member of a recognised astronomical organisation; (ii) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with astronomy; (iii) the laser pointer has a power output of less than 20 milliwatts; or - (i) the person is a member of a recognised astronomical organisation or a person being personally supervised by a member of a recognised astronomical organisation; - (ii) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with astronomy; - (iii) the laser pointer has a power output of less than 20 milliwatts; or - (b) both of the following apply— (i) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with a recognised occupation; (ii) the laser pointer has a power output of less than 20 milliwatts; or - (i) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with a recognised occupation; - (ii) the laser pointer has a power output of less than 20 milliwatts; or - (c) both of the following apply— (i) the person holds a licence that authorises possession of a firearm in relation to which the laser pointer may be used; (ii) the laser pointer has a power output of less than 10 milliwatts. - (i) the person holds a licence that authorises possession of a firearm in relation to which the laser pointer may be used; - (ii) the laser pointer has a power output of less than 10 milliwatts. - (i) the person is a member of a recognised astronomical organisation or a person being personally supervised by a member of a recognised astronomical organisation; - (ii) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with astronomy; - (iii) the laser pointer has a power output of less than 20 milliwatts; or - (i) the person’s reason for possession or acquisition of the laser pointer is to take part in activities associated with a recognised occupation; - (ii) the laser pointer has a power output of less than 20 milliwatts; or - (i) the person holds a licence that authorises possession of a firearm in relation to which the laser pointer may be used; - (ii) the laser pointer has a power output of less than 10 milliwatts. - (a) both of the following apply— (i) the person is a member of an association, whether or not incorporated, that provides recreational activities involving replicas of firearms and the activities are conducted other than in, and in a way not reasonably able to be seen from, a public place; (ii) the person’s reason for possession or acquisition of the replica of a firearm is to participate in the recreational activities; or - (i) the person is a member of an association, whether or not incorporated, that provides recreational activities involving replicas of firearms and the activities are conducted other than in, and in a way not reasonably able to be seen from, a public place; - (ii) the person’s reason for possession or acquisition of the replica of a firearm is to participate in the recreational activities; or - (b) both of the following apply— (i) the person is the holder of a collector’s licence; (ii) the person’s reason for possession or acquisition of the replica of the firearm is for it to be part of the holder’s collection of weapons. - (i) the person is the holder of a collector’s licence; - (ii) the person’s reason for possession or acquisition of the replica of the firearm is for it to be part of the holder’s collection of weapons. - (i) the person is a member of an association, whether or not incorporated, that provides recreational activities involving replicas of firearms and the activities are conducted other than in, and in a way not reasonably able to be seen from, a public place; - (ii) the person’s reason for possession or acquisition of the replica of a firearm is to participate in the recreational activities; or - (i) the person is the holder of a collector’s licence; - (ii) the person’s reason for possession or acquisition of the replica of the firearm is for it to be part of the holder’s collection of weapons. - (a) the person is the holder of a collector’s licence; and - (b) the person’s reason for possession or acquisition of the weapon is for it to be part of the holder’s collection of weapons. - (a) an astronomical organisation or an occupation may only be published on the QPS website once and for not more than 6 months; and - (b) any publication of an organisation or occupation on the QPS website has no effect to the extent it does not comply with paragraph (a) . - (a) prescribed under a regulation; or - (b) published on the QPS website for this paragraph. - (a) prescribed under a regulation; or - (b) published on the QPS website for this paragraph.