Weapons Control Act 2001 (Northern Territory)

The Weapons Control Act 2001 regulates non‑firearm weapons and body armour in the Northern Territory. Mechanically, it creates criminal prohibitions, a system of exemptions and written approvals, purchaser authorisations for restricted items, seller record‑keeping duties, inspection and seizure powers for police, and administrative powers for the Commissioner of Police to grant, suspend, vary or revoke approvals. The Act excludes firearms from its scope (s 4) and instead targets articles prescribed as prohibited weapons (s 3 definition and s 6), controlled weapons (s 3 definition), offensive weapons (s 3 definition and s 8), and body armour (detailed definition at s 3A and prohibition in s 9).

At the front end the Act makes it an offence to bring into, manufacture, sell, advertise for sale, purchase, possess, use or carry a prohibited weapon or body armour except where an exemption or an approval applies (s 6, s 9). It requires a specific purchase authority for each type of prohibited weapon or body armour to be bought (s 10(1), (2), (6) and (7)). Sellers must satisfy themselves that a purchaser has the required exemption or approval, preserve a prescribed record of the sale for three years and produce it to police on request (s 11(1)-(4)).

The approval regime is central. A person may apply for an approval to do otherwise prohibited acts (s 13(1)). The Commissioner decides applications, may grant approvals up to ten years (s 14(2)), may vary or revoke approvals (s 14(3)), and is given statutory grounds and criteria for refusal (s 15). Approvals are non‑renewable: a new application is required (s 14(2B)). Holders must comply with statutory duties such as secure storage (s 16(1)(a)), not permitting unauthorised use (s 16(1)(b)), and permitting police inspection (s 16(1)(c)). Holders must carry their approval when in possession of the weapon or body armour and produce it to police on request (s 18B(1)-(2)).

NORTHERN TERRITORY OF AUSTRALIA WEAPONS CONTROL ACT 2001 As in force at 3 May 2024 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 3A Meaning of body armour .................................................................. 2 4 Firearms excluded from this Act ...................................................... 3 5 Delegation ....................................................................................... 3 Part 2 Regulation of weapons and body armour 6 Prohibited weapons ......................................................................... 3 7 Controlled weapons – general ......................................................... 4 7A Controlled weapons – person under 18 years of age ...................... 5 8 Offensive weapons .......................................................................... 5 9 Body armour .................................................................................... 5 10 Authority to purchase prohibited weapons or body armour ............. 6 11 Sales of prohibited weapons and body armour................................ 8 11A Supply of crossbow or other controlled weapon to person under 18 years of age ...................................................................... 9 11B Interstate sale of crossbow or other controlled weapon ................... 9 Part 3 Exemptions and approvals 12 Exemptions for prohibited weapons and body armour................... 11 13 Person may apply for approval in relation to prohibited weapons and body armour ............................................................ 12 14 Approvals in relation to prohibited weapons and body armour ...... 13 15 Refusal of approvals ...................................................................... 14 16 Conditions of approvals ................................................................. 16 17 Breach of condition of exemptions and approvals ......................... 16 18 Review of decisions ....................................................................... 17 18A Matters to be notified ..................................................................... 18 18B Possession and production of approvals ....................................... 18 18C Police may require production of prohibited weapon or body armour ........................................................................................... 19 Part 3A Suspension and revocation of approval 18D Suspension of approval ................................................................. 20

Weapons Control Act 2001 ii 18E Suspension on making of interim domestic violence order or interim personal violence restraining order .................................... 20 18F Revocation of approval .................................................................. 21 18G Revocation on basis of criminal intelligence .................................. 23 18H Notice of suspension or revocation................................................ 24 18J Seizure .......................................................................................... 24 18K Voluntary surrender of approval .................................................... 24 18L Suspension by police officer .......................................................... 25 18M Restriction on further approvals ..................................................... 26 Part 4 Search without warrant and forfeiture 19 Search without warrant .................................................................. 27 20 Forfeiture by courts........................................................................ 27 21 Return of goods if prosecution does not occur .............................. 28 22 Procedure for return of goods if prosecution does not occur ......... 28 Part 5 Miscellaneous matters 23 Amnesty......................................................................................... 29 23A Immunity ........................................................................................ 30 23B Report to be made in certain circumstances.................................. 30 23C Disclosure of information ............................................................... 31 23D Approved training .......................................................................... 31 23E No review....................................................................................... 31 24 Duplicate approvals or specific purchase authorities ..................... 32 25 Regulations.................................................................................... 32 Part 6 Transitional matters for Firearms and Weapons Control Legislation Amendment Act 2023 26 Conditions of existing approvals .................................................... 32 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 3 May 2024

WEAPONS CONTROL ACT 2001 An Act to regulate weapons (other than firearms) and body armour Part 1 Preliminary matters 1 Short title This Act may be cited as the Weapons Control Act 2001. 2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette. 3 Definitions In this Act: approval means an approval in force under section 14. body armour, see section 3A. Commissioner means the Commissioner of Police. controlled weapon means: (a) a knife or axe, other than a knife or axe that is a prohibited weapon; or (b) an article that is prescribed by regulation to be a controlled weapon. criminal intelligence, see section 6 of the Serious Crime Control Act 2009. disqualifying offence, see section 3(1) of the Firearms Act 1997. firearm means a firearm as defined in section 3(1) of the Firearms Act 1997, but does not include an imitation or replica firearm. interim domestic violence order, means an interim DVO as defined in section 4 of the Domestic and Family Violence Act 2007.

Part 1 Preliminary matters Weapons Control Act 2001 2 interim personal violence restraining order, see section 3 of the Personal Violence Restraining Orders Act 2016. knife includes machete. night-time means the interval between 9 pm and 6 am. offence of violence, see section 3(1) of the Firearms Act 1997. offensive weapon means an article: (a) made or adapted to cause damage to property or to cause injury or fear of injury to a person; or (b) by which the person having it intends to cause damage to property or to cause injury or fear of injury to a person; but does not include a prohibited weapon, controlled weapon or body armour. prohibited weapon means an article prescribed by regulation to be a prohibited weapon. public place, see section 5 of the Summary Offences Act 1923. school, see section 5 of the Education Act 2015. Note for section 3 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. 3A Meaning of body armour (1) Body armour means an article that is designed: (a) for anti-ballistic or anti-fragmentation purposes; and (b) to be worn on, or cover, the human body. (2) However, body armour does not include the following articles: (a) a helmet; (b) an anti-ballistic or anti-fragmentation article designed for sight or hearing protection; (c) a vest or plate carrier designed to hold anti-ballistic or anti-fragmentation protection but without the anti-ballistic or anti-fragmentation protection included in the vest or plate carrier.

Part 2 Regulation of weapons and body armour Weapons Control Act 2001 3 (3) In this section: anti-ballistic means resistant to the penetration of a projectile discharged from a firearm. anti-fragmentation means resistant to the penetration of material discharged when an explosive device is detonated. 4 Firearms excluded from this Act This Act does not apply to a firearm. 5 Delegation (1) Subject to subsection (2), the Commissioner may delegate to a police officer or public sector employee any of the Commissioner's powers or functions under this Act. (2) The Commissioner's functions under sections 15(2B) and 18G(1) cannot be delegated. Part 2 Regulation of weapons and body armour 6 Prohibited weapons A person must not: (a) bring into the Territory; or (b) cause to be brought or sent into the Territory; or (c) manufacture, sell or purchase; or (d) display or advertise for sale; or (e) possess, use or carry; a prohibited weapon except if permitted to do so by an exemption under section 12 or an approval. Maximum penalty: If the offender is an individual – 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units.

Part 2 Regulation of weapons and body armour Weapons Control Act 2001 4 7 Controlled weapons – general (1) A person must not, without lawful excuse, proof of which is on the person, possess, carry or use a controlled weapon in a public place or school. Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. (2) A person must not carry a controlled weapon except in a safe and secure manner consistent with the reason for which it is possessed, carried or is to be used. Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. (2A) Subsections (1) and (2) do not apply to a person under 18 years of age and who possesses, carries or uses a weapon mentioned in section 11A. (3) Despite subsections (1) and (2), if a person is found guilty of an offence against subsection (1) or (2) committed at night-time, the person is liable to a maximum penalty of twice the penalty specified in subsection (1) or (2). (4) In this section, lawful excuse includes: (a) the pursuit of a lawful employment or lawful duty; and (b) participation in a lawful sport, lawful recreation, lawful entertainment or lawful activity; and (c) the legitimate collection, legitimate display or legitimate exhibition of weapons; but does not include for the purpose of self-defence. (5) In considering whether a person has a lawful excuse to possess, carry or use a controlled weapon, the court must have regard to the circumstances (including the time and location) of the incident.

Part 2 Regulation of weapons and body armour Weapons Control Act 2001 5 7A Controlled weapons – person under 18 years of age (1) A person under 18 years of age must not possess, carry or use a weapon mentioned in section 11A. Maximum penalty: 200 penalty units or imprisonment for 12 months. (2) However, if an offence against subsection (1) is committed at night- time in a public place or school, the person is liable to a maximum penalty of twice the penalty specified in the subsection. 8 Offensive weapons (1) A person must not, without lawful excuse, proof of which is on the person, possess, carry or use an offensive weapon. Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. (2) Despite subsection (1), if a person is found guilty of an offence against that subsection committed at night-time, the person is liable to a maximum penalty of twice the penalty specified in that subsection. (3) In this section, lawful excuse includes: (a) the pursuit of a lawful employment or lawful duty; and (b) participation in a lawful sport, lawful recreation, lawful entertainment or lawful activity; and (c) the legitimate collection, legitimate display or legitimate exhibition of weapons; but does not include for the purpose of self-defence. 9 Body armour A person must not: (a) bring body armour into the Territory; or (b) cause body armour to be brought or sent into the Territory; or (c) manufacture, sell or purchase body armour; or (d) possess or use body armour;

Part 2 Regulation of weapons and body armour Weapons Control Act 2001 6 except if permitted to do so by an exemption under section 12 or an approval. Maximum penalty: If the offender is an individual – 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units. 10 Authority to purchase prohibited weapons or body armour (1) A person must not purchase a prohibited weapon or body armour unless the person is: (a) the holder of a specific purchase authority granted under this section permitting the person to purchase the prohibited weapon or body armour; or (b) a prescribed person exempted under section 12(2) from the application of sections 6 and 9, or the employer of that person, and is purchasing the prohibited weapon or body armour for use by the prescribed person in the course of that person's duties; or (c) exempted under section 12(5) from the application of section 6, or the employer of that person, in relation to the purchase of the prohibited weapon; or (d) exempted under section 12(6) from the application of section 9, or the employer of that person, in relation to the purchase of the body armour. Maximum penalty: 400 penalty units or imprisonment for 2 years. (2) A separate specific purchase authority is required for each type of prohibited weapon or body armour to be purchased. (3) The holder of an approval to purchase may apply to the Commissioner for a specific purchase authority. (4) An application under subsection (3) is to be: (a) in a form approved by the Commissioner; and (b) accompanied by the prescribed fee.

Part 2 Regulation of weapons and body armour Weapons Control Act 2001 7 (5) A person must not, in an application under subsection (3), knowingly make a statement that is false or misleading in a material particular. Maximum penalty: If the offender is an individual – 100 penalty units. If the offender is a body corporate – 500 penalty units. (6) The Commissioner may, on receipt of an application under subsection (3), grant or refuse to grant a specific purchase authority to the applicant. (7) A specific purchase authority must specify the type and quantity of prohibited weapons or body armour the holder is permitted to purchase under the authority. (8) The Commissioner must not grant a specific purchase authority to a person in relation to a prohibited weapon or body armour unless the person holds an approval to purchase and possess a prohibited weapon or body armour of the type to which the authority relates. (9) The Commissioner may refuse to grant a specific purchase authority to a person if the Commissioner: (a) suspects on reasonable grounds that the person has, in the application for the authority, failed to supply material information or has supplied information that is false or misleading; or (b) is satisfied that it is not in the public interest to do so. (10) A specific purchase authority is valid for a period of 3 months from the date it is granted. (11) The Commissioner may, by written notice, revoke a specific purchase authority. (12) If a specific purchase authority is revoked under subsection (11), the person who was the holder of the authority must immediately surrender the revoked authority to a police officer. Maximum penalty: 50 penalty units or imprisonment for 6 months.

Part 2 Regulation of weapons and body armour Weapons Control Act 2001 8 11 Sales of prohibited weapons and body armour (1) A person must not sell a prohibited weapon or body armour to another person unless: (a) the purchaser provides proof that an exemption under section 12, or an approval, authorises the purchaser to purchase and possess the prohibited weapon or body armour or prohibited weapons or body armour generally; and (b) in the case of a specific purchase authority: (i) the purchaser gives the seller a specific purchase authority authorising the purchaser to purchase the prohibited weapon or the body armour; and (ii) the seller is satisfied on reasonable grounds that the purchaser is a person to whom the specific purchase authority relates. Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. (2) A person who sells a prohibited weapon or body armour must keep a record of the sale in accordance with this section. Maximum penalty: If the offender is an individual – 100 penalty units. If the offender is a body corporate – 500 penalty units. (3) A record under this section: (a) is to be in the form, and contain the information, prescribed by regulation; and (b) is to be kept for 3 years after the sale to which the record relates.

Part 2 Regulation of weapons and body armour Weapons Control Act 2001 9 (4) A person who is required under this section to keep a record must, at the request at any reasonable time of a police officer, produce the record for inspection by the officer. Maximum penalty: If the offender is an individual – 100 penalty units. If the offender is a body corporate – 500 penalty units. 11A Supply of crossbow or other controlled weapon to person under 18 years of age A person must not supply any of the following weapons to a person who is under 18 years of age: (a) a crossbow that is a controlled weapon; (b) any other controlled weapon prescribed by regulation for this section. Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. 11B Interstate sale of crossbow or other controlled weapon (1) A person (the receiver) must not receive into the Territory a prescribed weapon from another person (the sender) in a place within Australia if the receiver knows (or would be reasonably expected to know) the sender would be, because of sending the weapon or being in possession of it in the place from which it is sent, guilty of an offence under any law in force in the place. Maximum penalty: If the person is an individual – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. (2) It is a defence to a prosecution under subsection (1) if the defendant proves the weapon was sent to the defendant without the defendant's knowledge or approval. (3) A person (the procurer) must not direct or request another person (the sender), whether the sender is within or outside the Territory when the request is made, to send a prescribed weapon to a person in the Territory from a place within Australia if the procurer

Part 2 Regulation of weapons and body armour Weapons Control Act 2001 10 knows (or would be reasonably expected to know) the sender would be, because of sending the weapon or being in possession of it at the place from which it is sent, guilty of an offence under any law in force in the place. Maximum penalty: If the person is an individual – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. (4) A person is taken to have made a request under subsection (3) if the person accepts an offer made by another person within or outside the Territory to forward the weapon by mail to an address within the Territory. (5) A person (the sender) must not send out of the Territory a prescribed weapon to another person (the receiver) in a place within Australia if the sender knows (or would be reasonably expected to know) the receiver would be, because of receiving the weapon or being in possession of it at the place to which it is sent, guilty of an offence under any law in force in the place. Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. (6) In this section: prescribed weapon means: (a) a crossbow that is a controlled weapon; or (b) any other controlled weapon prescribed by regulation for this section; or (c) a part of a weapon mentioned in paragraph (a) or (b). send includes cause to be delivered.

Part 3 Exemptions and approvals Weapons Control Act 2001 11 Part 3 Exemptions and approvals 12 Exemptions for prohibited weapons and body armour (1) The following persons are prescribed persons for subsection (2): (a) a correctional officer (as defined in section 4 of the Correctional Services Act 2014); (b) a member of the Defence Force mentioned in Part 3, Division 1 of the Defence Act 1903 (Cth); (c) a police officer, a member of the Australian Federal Police or a member of a police force of a State or another Territory; (d) an officer of Customs as defined in section 4 of the Customs Act 1901 (Cth); (e) a member of the Australian Protective Service. (2) Sections 6 and 9 do not apply to a prescribed person acting in the course of his or her duties as a prescribed person in respect of a prohibited weapon or body armour that: (a) is supplied to him or her by his or her employer for the performance of his or her duties as a prescribed person; or (b) is seized by the prescribed person in the course of the performance of his or her duties as a prescribed person and is not dealt with except in the course of those duties. (3) Sections 6 and 9 do not apply (except in relation to the use of a prohibited weapon or body armour) to an employer of a prescribed person if the weapon or body armour is supplied, or is to be supplied, to a prescribed person for use in the course of the prescribed person's duties as a prescribed person. (3A) Sections 6 and 9 do not apply to a person who is undertaking a course of training in the use of a prohibited weapon or body armour for the purpose of becoming a prescribed person or a person exempt under subsection (5) or (6). (3B) Sections 6(e) and 9(d) do not apply to a person who is undertaking a course of training in the use of a prohibited weapon or body armour, that is: (a) approved by the Commissioner; and (b) conducted by and under the direction of an instructor approved by the Commissioner.

Part 3 Exemptions and approvals Weapons Control Act 2001 12 (4) Sections 6 and 9 do not apply to a person (except in relation to the manufacture, sale, purchase or use of a prohibited weapon or body armour by the person) if the prohibited weapon or armour: (a) is in the person's possession; and (b) is not the person's property; and (c) forms part of a consignment of goods in the person's possession as a common carrier. (5) The Administrator may, by Gazette notice, exempt a class of persons or class of prohibited weapons from the application of a provision of section 6. (6) The Administrator may, by Gazette notice, exempt a class of persons or class of body armour from the application of a provision of section 9. (7) A notice under subsection (5) or (6) may specify the conditions and limitations to which an exemption in the notice is subject. (8) The Administrator may vary or revoke a notice under subsection (5) or (6). 13 Person may apply for approval in relation to prohibited weapons and body armour (1) A person may apply to the Commissioner for an approval to do anything that is otherwise prohibited by section 6 or 9. (2) An application for approval is to: (a) be in the form approved by the Commissioner; and (b) contain the information required by the Commissioner; and (c) be accompanied by the prescribed fee; and (d) in accordance with the directions of the Commissioner, be accompanied by: (i) a recent photograph of the applicant or, in the case of a body corporate, the representative of the applicant; or (ii) a photograph of the applicant that the applicant permits to be taken by a person acting on behalf of the Commissioner.

Part 3 Exemptions and approvals Weapons Control Act 2001 13 (2A) For an application for approval under this section to possess and use a prohibited weapon prescribed by regulation for this section: (a) the applicant must be a person prescribed by regulation; and (b) the application must include evidence that the applicant completed a course of training, approved by the Commissioner, in the use of the prohibited weapon; and (c) if the applicant is a body corporate – the applicant must nominate an employee of the applicant, who would be eligible to be granted an approval, to be the representative of the applicant. (3) A person must not, in an application under subsection (1), knowingly make a statement that is false or misleading in a material particular. Maximum penalty: If the offender is an individual – 100 penalty units. If the offender is a body corporate – 500 penalty units. (4) A person must not provide a photograph to the Commissioner for inclusion on an approval if the photograph is not a photograph of the applicant, or the representative of the applicant, for the approval. Maximum penalty: If the offender is an individual – 100 penalty units. If the offender is a body corporate – 500 penalty units. (5) A person must not permit a photograph to be taken for inclusion on an approval unless the photograph is of the applicant, or the representative of the applicant, for the approval. Maximum penalty: 100 penalty units. 14 Approvals in relation to prohibited weapons and body armour (1) Subject to section 15, the Commissioner may grant an approval to a person to do anything that is otherwise prohibited by section 6 or 9. (2) The Commissioner may grant an approval for a period not exceeding 10 years.

Part 3 Exemptions and approvals Weapons Control Act 2001 14 (2A) Subject to this Act, an approval expires 3 months after the holder of the approval ceases to reside permanently in the Territory, except in relation to an approval to provide training in the use of a prohibited weapon or body armour. (2B) An approval is not renewable and a new application must be made for the grant of a new approval as required. (3) The Commissioner may vary or revoke an approval. (4) An approval is to be in writing in the form approved by the Commissioner and is to contain a photograph of the applicant. (5) A person must not alter a photograph on an approval or replace a photograph on an approval with a photograph of another person. Maximum penalty: If the offender is an individual – 100 penalty units. If the offender is a body corporate – 500 penalty units. 15 Refusal of approvals (1) The Commissioner must not grant an approval to a person if the Commissioner has reasonable cause to believe that the person has, in relation to his or her application for approval, failed to supply material information or has supplied information that is false or misleading. (2) The Commissioner must not grant an approval to a person unless the Commissioner is satisfied that the person: (a) has not, within the period of 10 years before the application for the approval was made, been found guilty in the Territory or elsewhere of a disqualifying offence; and (b) has not, within the period of 5 years before the application for the approval was made, been found guilty in the Territory or elsewhere of an offence of violence; and (c) does not have a final domestic violence order in force against him or her and has not, within the period of 5 years before the application for the approval was made, had a final domestic violence order in force against him or her; and (ca) does not have a personal violence restraining order in force against him or her; and

Part 3 Exemptions and approvals Weapons Control Act 2001 15 (d) is not subject to an order, made in the Territory or elsewhere, to keep the peace. (2A) Without limiting subsection (2), the Commissioner must not grant an approval to a person who: (a) was found guilty of an offence against this Act or the Firearms Act 1997 within 2 years prior to the day of the application; or (b) was sentenced to custody following being found guilty of an offence against this Act or the Firearms Act 1997 and less than 5 years have elapsed since the later of the following: (i) the day the person was released from custody; (ii) the day the person was found guilty of the offence. (2B) Without limiting subsections (2) and (2A), the Commissioner must not grant an approval if the Commissioner is of the opinion, having regard to any criminal intelligence or other information the Commissioner holds about the applicant, that: (a) the applicant is a risk to public safety; and (b) the holding of the approval by the applicant would be contrary to the public interest. (2C) The Commissioner is not, under this or any other Act or law, required to give reasons for refusing an approval on the grounds mentioned in subsection (2B). (2D) Without limiting subsections (2), (2A) and (2B), the Commissioner must not grant an approval in relation to a prohibited weapon or body armour if the Commissioner believes on reasonable grounds that the applicant may not personally exercise continuous and responsible control over the prohibited weapon or body armour because of: (a) the applicant's way of living or domestic circumstances; or (b) any attempt by the applicant to commit suicide or cause a self- inflicted injury; or (c) the applicant having intemperate habits or being of unsound mind.

Part 3 Exemptions and approvals Weapons Control Act 2001 16 (3) The Commissioner may refuse to grant an approval to an applicant because: (a) he or she is satisfied that it is not in the public interest to do so; (b) the applicant is not a fit and proper person for the grant of an approval; or (c) the applicant is under 18 years of age. 16 Conditions of approvals (1) An approval is subject to the following conditions: (a) the holder must store the prohibited weapon or body armour in respect of which the approval was granted safely and securely in accordance with the requirements prescribed by regulation; (b) the holder must not permit any other person to possess or use the prohibited weapon or body armour in respect of which the approval was granted if that other person does not have an approval or exemption to possess or use it; (c) the holder must permit a police officer to inspect, at any reasonable time, the holder's facilities for the safe and secure storage of any prohibited weapon or body armour in respect of which the approval was granted in the holder's possession; (d) any other condition imposed by this Act or prescribed by regulation; (e) any conditions specified by the Commissioner on the approval. (2) An approval is not transferable. 17 Breach of condition of exemptions and approvals A person must not breach a condition of an exemption under section 12(5) or (6), or an approval, that applies to the person. Maximum penalty: If the offender is an individual – 200 penalty units. If the offender is a body corporate – 1 000 penalty units.

Part 3 Exemptions and approvals Weapons Control Act 2001 17 18 Review of decisions (1) A person may apply to the Commissioner for a review by the Commissioner of a decision under section 14, 15 or 16 or Part 3A made by a delegate of the Commissioner. (2) An application under subsection (1) is to be made within 28 days after the date of the decision to which the application relates. (3) An application under subsection (1) is to be in writing and is to specify: (a) the decision that the applicant wants the Commissioner to review; and (b) the matters that the applicant thinks the Commissioner should take into account in reviewing the decision. (4) An application under subsection (1) is to be accompanied by the prescribed fee. (5) The Commissioner must, within 28 days after receiving an application under subsection (1) in relation to a decision, review the decision and decide to: (a) uphold the original decision; or (b) make, in substitution for the original decision, a new decision under the section of this Act under which the original decision was made. (6) The Commissioner is to make the Commissioner's decision under subsection (5) after considering: (a) the matters that the applicant specified in the application under subsection (1); and (b) any other matters the Commissioner thinks fit. (7) The Commissioner is to give notice in writing to the applicant of the Commissioner's decision under subsection (5), specifying the reasons for the decision.

Part 3 Exemptions and approvals Weapons Control Act 2001 18 18A Matters to be notified (1) The holder of an approval must, if there is a change to the holder's name or address, notify the Commissioner, in writing, not later than 10 business days after the change. Maximum penalty: 10 penalty units or imprisonment for 3 months. (2) The holder of an approval must, by written notice, notify the Commissioner of the loss or theft of a prohibited weapon or body armour in respect of which the approval was granted not later than 2 business days after becoming aware of the loss or theft. Maximum penalty: 50 penalty units or imprisonment for 12 months. (3) If there is a change in the particulars specified in an application for an approval, the applicant or holder must, without delay, notify the Commissioner in writing of the change. Maximum penalty: 10 penalty units or imprisonment for 3 months. (4) If an approval is lost or stolen, the holder must notify the Commissioner, in writing, not later than 2 business days after becoming aware of the loss or theft. Maximum penalty: 5 penalty units or imprisonment for 14 days. 18B Possession and production of approvals (1) The holder of an approval must, when in possession of a prohibited weapon or body armour in respect of which the approval was granted: (a) carry the approval; and (b) when requested by a police officer, produce the approval for inspection by the officer. Maximum penalty: 17 penalty units or imprisonment for 6 months.

Part 3 Exemptions and approvals Weapons Control Act 2001 19 (2) When requested by a police officer, the holder of an approval who is in possession of a prohibited weapon or body armour in respect of which the approval was granted must produce the approval to a police officer not later than the time, and at the place, that the police officer specifies. Maximum penalty: 17 penalty units or imprisonment for 6 months. 18C Police may require production of prohibited weapon or body armour (1) A police officer may, by written notice, require the holder of an approval to produce the prohibited weapon or body armour in respect of which the approval was granted at a time and place specified in the notice for the purpose of inspecting the prohibited weapon or body armour to determine whether or not it complies with, and is held in compliance with, this Act. (2) A person must comply with the requirement of a notice under subsection (1). Maximum penalty: 100 penalty units or imprisonment for 12 months. (3) It is a defence to a prosecution for an offence against subsection (2) if the defendant: (a) did not reasonably know the whereabouts of the prohibited weapon or body armour; or (b) was otherwise unable to reasonably comply with the requirement to produce the prohibited weapon or body armour. (4) All approvals held by the person specified in a notice under subsection (1) are automatically suspended from the day specified in the notice to produce the prohibited weapon or body armour until 28 days after the later of the following: (a) the day on which the prohibited weapon or body armour is produced; (b) the day on which the person provides information to the satisfaction of the Commissioner as to why the prohibited weapon or body armour was not produced as required. (5) The Commissioner may reduce the period of suspension mentioned in subsection (4) if the Commissioner considers the circumstances warrant it.

Part 3A Suspension and revocation of approval Weapons Control Act 2001 20 (6) All approvals held by a person specified in a notice under subsection (1) are automatically revoked if the person has not, within 28 days after the day specified in the notice: (a) complied with the requirement; or (b) satisfied the Commissioner as to why the requirement was not complied with. Part 3A Suspension and revocation of approval 18D Suspension of approval (1) The Commissioner may, by written notice, suspend an approval if satisfied there may be reasonable grounds for revoking the approval. (2) An approval is suspended for the period, not longer than 28 days, specified in the notice. (3) The holder of an approval suspended under subsection (1) is not authorised to possess or use any prohibited weapon or body armour in respect of which the approval was granted during the period of the suspension. (4) If an approval is suspended by the Commissioner under subsection (1), the holder of the approval must immediately surrender to a police officer: (a) the suspended approval; and (b) any prohibited weapon or body armour in respect of which the approval was granted. Maximum penalty: 50 penalty units or imprisonment for 6 months. 18E Suspension on making of interim domestic violence order or interim personal violence restraining order (1) An approval is automatically suspended on the making of an interim domestic violence order or interim personal violence restraining order against the holder of the approval and the suspension remains in force until the order is confirmed, replaced or revoked.

Part 3A Suspension and revocation of approval Weapons Control Act 2001 21 (2) If an approval is automatically suspended under subsection (1), the holder of the approval must immediately surrender to a police officer: (a) the suspended approval; and (b) any prohibited weapon or body armour in respect of which the approval was granted. Maximum penalty: 50 penalty units or imprisonment for 6 months. 18F Revocation of approval (1) An approval is automatically revoked: (a) on a final domestic violence order, a personal violence restraining order or an order to keep the peace being made against the holder of the approval; or (b) on the holder being found guilty of a disqualifying offence, an offence of violence or an offence against this Act or the Firearms Act 1997. (2) If an approval is revoked automatically under subsection (1), the person who was the holder must immediately surrender to a police officer: (a) the revoked approval; and (b) any prohibited weapon or body armour in respect of which the approval was granted. Maximum penalty: 50 penalty units or imprisonment for 6 months. (3) The Commissioner must, by written notice, revoke an approval if satisfied that: (a) the holder fails to comply with a condition of the approval imposed under this Act or prescribed by regulation; or (b) the loss or theft of any prohibited weapon or body armour possessed under the approval, was due to the negligence or fraud of the holder. Note for subsection (3) The Commissioner is also required to revoke an approval in the circumstances mentioned in section 18G.

Part 3A Suspension and revocation of approval Weapons Control Act 2001 22 (4) The Commissioner may, by written notice, revoke an approval if: (a) the holder would be refused an approval of the same type; or (b) the holder supplied information that was false or misleading in a material particular in connection with the application for the approval; or (c) the holder is found guilty of an offence against a law in force in the Territory, a State or another Territory, (whether committed before or after the grant of the approval) relating to a prohibited weapon or body armour or any other offence that, in the opinion of the Commissioner, would render the holder not a fit and proper person to possess or use a prohibited weapon or body armour; or (d) the holder contravenes a condition of the approval; or (e) the Commissioner is of the opinion that the holder is no longer a fit and proper person to hold the approval. (5) The revocation of an approval under subsection (3) or (4) takes effect when notice is served on the holder or on a later date specified in the notice, whether or not an application is lodged for review of the decision to revoke the approval. (6) If an approval is revoked by the Commissioner under subsection (3) or (4), the person who was the holder must surrender: (a) the revoked approval to a police officer immediately; and (b) any prohibited weapon or body armour in respect of which the approval was granted to a police officer either: (i) immediately after receiving the notice under subsection (3) or (4); or (ii) if the notice allows the person time to surrender the prohibited weapon or body armour to a police officer – within the time allowed in the notice. Maximum penalty: 50 penalty units or imprisonment for 6 months. (7) In this section: domestic violence order, see section 4 of the Domestic and Family Violence Act 2007.

Part 3A Suspension and revocation of approval Weapons Control Act 2001 23 final domestic violence order means: (a) a domestic violence order other than an interim domestic violence order; or (b) a registered external order. personal violence restraining order means: (a) a personal violence restraining order made under the Personal Violence Restraining Orders Act 2016; or (b) a similar order made in a State or another Territory. registered external order, means an external order as defined in section 4 of the Domestic and Family Violence Act 2007, that is registered, as defined in section 4 of that Act. 18G Revocation on basis of criminal intelligence (1) The Commissioner must, by written notice, revoke an approval if the Commissioner is of the opinion, having regard to any criminal intelligence or other information the Commissioner holds about the holder of the approval that: (a) the holder is a risk to public safety; and (b) the holding of the approval would be contrary to the public interest. (2) The Commissioner is not, under this or any other Act or law, required to give reasons for revoking an approval on the grounds mentioned in subsection (1). (3) If an approval is revoked by the Commissioner under subsection (1), the person who was the holder must surrender: (a) the revoked approval to a police officer immediately; and (b) any prohibited weapon or body armour in respect of which the approval was granted to a police officer either: (i) immediately after receiving the notice under subsection (1); or

Part 3A Suspension and revocation of approval Weapons Control Act 2001 24 (ii) if the notice allows the person time to surrender the prohibited weapon or body armour to a police officer – within the time allowed in the notice. Maximum penalty: 50 penalty units or imprisonment for 6 months. 18H Notice of suspension or revocation (1) If an approval is suspended or revoked under a provision of this Act, other than section 18G, the Commissioner must cause written notice of the suspension or revocation to be served personally on the holder of the approval. (2) The notice mentioned in subsection (1) must: (a) state that the approval is suspended or revoked and the reasons for suspending or revoking it; and (b) in the case of a suspension – request the holder to provide the Commissioner with reasons why the approval should not be suspended; and (c) in the case of a revocation – specify the time when the prohibited weapon or body armour in respect of which the approval was granted must be surrendered. 18J Seizure At the time of serving a notice suspending or revoking an approval under a provision of this Act or after an automatic revocation under section 18F(1), a police officer may, without a warrant and using the force that is necessary and with any necessary assistance, enter premises, a vessel, vehicle, aircraft or other place to search for and seize any prohibited weapon or body armour in the possession of the holder of the approval that was suspended or revoked. 18K Voluntary surrender of approval (1) The holder of an approval may, by written notice to the Commissioner, surrender the approval. (2) The holder must include with the notice under subsection (1): (a) the approval; or (b) a statutory declaration setting out the reasons why the approval is not accompanying the notice.

Part 3A Suspension and revocation of approval Weapons Control Act 2001 25 (3) Immediately after giving a notice under subsection (1), the holder must surrender any prohibited weapon or body armour possessed under the approval. (4) The surrender of an approval under subsection (1) takes effect when the notice is received by the Commissioner. (5) After an approval is surrendered under subsection (1), a police officer may, without a warrant and using the force that is necessary and with any necessary assistance, enter premises, a vessel, a vehicle, an aircraft or any other place to search for and seize any prohibited weapon or body armour in the possession of the holder of the approval that was surrendered. 18L Suspension by police officer (1) A police officer in charge of a police station or of or above the rank of Senior Sergeant may, by written notice served on the holder of an approval, suspend the approval if: (a) the holder requests the suspension; or (b) the holder is charged with an offence against a law in force in the Territory, a State or another Territory relating to a prohibited weapon or body armour in respect of which the approval was granted (or any other offence that, in the opinion of the Commissioner would, if the holder is found guilty, render the holder not a fit and proper person to possess or use a prohibited weapon or body armour) and is awaiting the hearing of the charge; or (c) the police officer believes on reasonable grounds that the holder is suffering from a physical or mental infirmity or incapacity and, as a result of possessing the prohibited weapon or body armour in respect of which the approval was granted, may be a danger to the safety of the holder or to another person, or to property; or (d) the police officer receives a report under section 23B; or (e) the police officer believes on reasonable grounds that the holder made a statement that is false or misleading in a material particular in the application for the approval; or (f) the police officer suspects on reasonable grounds that a condition of the approval was contravened. (2) The suspension under subsection (1) may be for a specified period or until conditions specified in the notice are complied with.

Part 3A Suspension and revocation of approval Weapons Control Act 2001 26 (3) The holder of the approval must, immediately after receiving a notice under subsection (1) or (2), or not later than the period specified in the notice, surrender to a police officer: (a) the approval; and (b) any prohibited weapon or body armour to which the approval relates. Maximum penalty: 50 penalty units or imprisonment for 6 months. (4) If the holder does not comply with the notice, a police officer may, without a warrant: (a) enter any place where the officer believes on reasonable grounds any prohibited weapon or body armour to which the approval relates may be found; and (b) search the place and seize any prohibited weapon or body armour. (5) The police officer may exercise the powers in subsection (4) with the assistance, and using the force, that is reasonably necessary in the circumstances. 18M Restriction on further approvals (1) If the Commissioner refuses to grant or revokes an approval, the applicant or the holder may not apply for a further approval: (a) until any conditions specified in the notice of refusal or revocation are met; or (b) during the period specified in the notice. (2) A person must, immediately after receiving a notice under subsection (1) or not later than the period specified in the notice, surrender to a police officer: (a) the approval; and (b) any prohibited weapon or body armour to which the approval relates. Maximum penalty: 50 penalty units or imprisonment for 6 months.

Part 4 Search without warrant and forfeiture Weapons Control Act 2001 27 Part 4 Search without warrant and forfeiture 19 Search without warrant (1) Subsection (2) applies in relation to a person in a public place or school if: (a) a police officer has reasonable grounds to suspect that the person is carrying, or has in his or her possession, a prohibited weapon, controlled weapon, offensive weapon or body armour contrary to this Act; and (b) the officer informs the person of the grounds for his or her suspicion. (2) A police officer may without warrant: (a) search a person to whom this subsection applies for a prohibited weapon, controlled weapon, offensive weapon or body armour; and (b) search a vehicle, vessel, package or thing in the person's possession or under the person's control for a prohibited weapon, controlled weapon, offensive weapon or body armour; and (c) seize and detain a prohibited weapon, controlled weapon, offensive weapon or body armour that the officer finds on the person or on or in the vehicle, vessel, package or thing. (3) Nothing in this section limits or prevents the exercise of a power granted to a police officer under any other Act. 20 Forfeiture by courts (1) If a person is found guilty of an offence against section 6, 7, 8, 9, 10, 13 or 14(5): (a) the court may order that the weapon or body armour to which the offence relates be returned to a specified person; or (b) if the court does not make an order under paragraph (a) – the weapon or body armour to which the offence relates is forfeited to the Territory. (2) The court may only make an order under subsection (1)(a) if: (a) the person to whom the weapon or body armour is to be returned is not the person found guilty of the offence; and

Part 4 Search without warrant and forfeiture Weapons Control Act 2001 28 (b) the person to whom the weapon or body armour is to be returned is, in the opinion of the court, the owner of the weapon or body armour; and (c) the court is satisfied that the person to whom the weapon or body armour is to be returned is authorised to possess the weapon or body armour under this Act. (3) The Commissioner may destroy or dispose of an object forfeited under subsection (1)(b) as the Commissioner thinks fit. (4) If a person is found guilty of an offence in relation to an object that has been forfeited under subsection (1)(b), the object is not to be destroyed or disposed of: (a) until the period for an appeal against the finding of guilt in relation to the offence has elapsed; or (b) if an appeal against the finding of guilt in relation to the offence is lodged – unless the appeal is dismissed. 21 Return of goods if prosecution does not occur (1) Subsection (2) applies to a prohibited weapon, controlled weapon, offensive weapon or body armour that has been seized by a police officer in relation to an alleged offence by a person against this Act, if it has not been destroyed under section 116KM of the Police Administration Act 1978. (2) The Commissioner must return a weapon or body armour to which this subsection applies to the person from whom it was seized or, if the lawful owner is known to be another person, the lawful owner if: (a) proceedings for the alleged offence are not commenced within 6 months after the seizure; or (b) a decision is made within 6 months after the seizure not to bring proceedings for the alleged offence. (3) Subsection (2) does not apply to a prohibited weapon or body armour unless there is in force an exemption under section 12, or an approval, authorising the person to whom under that subsection the weapon or body armour is required to be returned to possess the prohibited weapon or body armour. 22 Procedure for return of goods if prosecution does not occur (1) The Commissioner or a person authorised by the Commissioner must notify in accordance with subsection (2) a person to whom section 21(1) applies.

Part 5 Miscellaneous matters Weapons Control Act 2001 29 (2) The notice must specify that the person to whom the notice relates may, within 7 days after the notice is given, apply to the Commissioner or authorised person for the return of the prohibited weapon, controlled weapon, offensive weapon or body armour specified in the notice. (3) If a person does not apply within 7 days after notice is given under subsection (1) for the return of an object specified in the notice, the object is forfeited to the Territory. (4) If a person applies within 7 days after notice is given under subsection (1) for the return of the object specified in the notice, the Commissioner or a person authorised by the Commissioner must, if required by this Act to return the object, give the person notice in accordance with subsection (5). (5) The notice must specify that the object to which the notice relates may be collected by the person specified in the notice from the police station specified in the notice within 21 days after the notice is given. (6) An object may only be returned to a person under this section by being collected by the person from the police station at which it is kept within the time specified in the notice under subsection (4). (7) An object must not be returned under this section to a person under 18 years of age unless the person's parent or guardian is with him or her when it is returned. (8) Notice under this section may be given in person, by telephone or by post. Part 5 Miscellaneous matters 23 Amnesty (1) The Commissioner may, by Gazette notice, declare that a provision of this Act or the Regulations does not apply in relation to an object, or a class of objects, specified in the declaration, for the period specified in the declaration. (2) A declaration under subsection (1) may be subject to the conditions specified in the declaration.

Part 5 Miscellaneous matters Weapons Control Act 2001 30 (3) A provision of this Act or the Regulations that is specified in a declaration under subsection (1) does not apply to a person for the period specified in the declaration: (a) in relation to the object or class of objects specified in the declaration; or (b) if a condition is specified in the declaration – in relation to the object or class of objects specified in the declaration, if the person complies with and does not contravene the condition. 23A Immunity (1) The Commissioner and police officers are not civilly liable for an act done or omitted to be done by them in good faith in the exercise of a power or performance of a function under this Act. (2) The Commissioner and police officers are not criminally responsible for an offence against this Act or the Criminal Code if: (a) the Commissioner or police officer is, at the time of the offence, exercising a power or performing a function under this Act; and (b) the conduct is reasonable in the circumstances for exercising that power or performing that function. (3) Subsections (1) and (2) do not affect any liability the Territory would, apart from those subsections, have for the act or omission. (4) In this section: exercise of a power includes the purported exercise of the power. performance of a function includes the purported performance of the function. 23B Report to be made in certain circumstances (1) A health practitioner or a professional counsellor or social worker who believes on reasonable grounds that, in the interests of public safety, a person is not a fit and proper person to possess or use a prohibited weapon or body armour must report to a police officer the belief and the material facts on which the belief is based.

Part 5 Miscellaneous matters Weapons Control Act 2001 31 (2) If a person, acting in good faith, makes a report under or in purported compliance with subsection (1): (a) the report is not to be taken to be a breach of confidence or of professional etiquette or ethics or of a rule of professional conduct; and (b) no civil or criminal liability is incurred by reason only of the making of the report. (3) In this section: health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession, other than as: (a) a diagnostic radiographer in the diagnostic radiographer division of the medical radiation practice profession; or (b) a student. 23C Disclosure of information (1) If the Commissioner or a court suspends or revokes an approval granted in relation to (or conditional on) the employment of the holder of the approval, the Commissioner must inform the relevant employer of the holder of the suspension or revocation. (2) No civil or criminal liability arises from the provision of information under this section. 23D Approved training The Commissioner may approve training courses and instructors for training related to prohibited weapons and body armour. 23E No review Despite any other law of the Territory, in relation to a decision of the Commissioner under section 15(2B) or 18G(1): (a) no person or body is entitled to investigate, inquire into, review or otherwise call into question the decision; and (b) no proceedings for an appeal, an injunction, a declaration or an order for prohibition or mandamus are to be brought in relation to the decision.

Part 6 Transitional matters for Firearms and Weapons Control Legislation Amendment Act 2023 Weapons Control Act 2001 32 24 Duplicate approvals or specific purchase authorities (1) If an approval or a specific purchase authority is lost, damaged or destroyed, the holder of the approval or authority may apply to the Commissioner for the issue of a duplicate approval or authority. (2) An application under subsection (1) is to: (a) be on the approved form; and (b) be accompanied by the prescribed fee. (3) The Commissioner may, if he or she receives an application under subsection (1), issue to the applicant a duplicate of the approval or authority issued under this Act. 25 Regulations The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. Part 6 Transitional matters for Firearms and Weapons Control Legislation Amendment Act 2023 26 Conditions of existing approvals (1) An approval that is in force immediately before the commencement is subject to the conditions mentioned in section 16 as inserted by the amending Act. (2) In this section: amending Act means Firearms and Weapons Control Legislation Amendment Act 2023. commencement means the commencement of Part 3 of the amending Act.

ENDNOTES Weapons Control Act 2001 33 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Weapons Control Act 2001 (Act No. 25, 2001) Assent date 19 July 2001 Commenced 8 August 2001 (Gaz G31, 8 August 2001, p 8) Statute Law Revision Act 2003 (Act No. 12, 2003) Assent date 18 March 2003 Commenced 18 March 2003 Weapons Control Amendment Act 2005 (Act No. 48, 2005) Assent date 14 December 2005 Commenced 1 February 2006 (Gaz G5, 1 February 2006, p 3) Justice and Other Legislation Amendment Act 2011 (Act No. 25, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5) Penalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5) Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) Assent date 4 September 2014 Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2) Education Act 2015 (Act No. 28, 2015) Assent date 10 December 2015 Commenced pt 6, divs 2 and 4 and pt 7: 1 April 2016; pt 3: 1 July 2016; rem: 1 January 2016 (s 2)

ENDNOTES Weapons Control Act 2001 34 Local Court (Repeals and Related Amendments) Act 2016 (Act No.9, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (Gaz S34, 29 April, 2016) Personal Violence Restraining Orders Act 2016 (Act No. 10, 2016) Assent date 29 April 2016 Commenced pt 4, div 5: 29 April 2016; rem: 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Firearms and Weapons Control Legislation Amendment Act 2016 (Act No. 27, 2016) Assent date 13 July 2016 Commenced 12 October 2016 (Gaz G41, 12 October 2016, p 2) Weapons Control Amendment Act 2021 (Act No. 3, 2021) Assent date 5 March 2021 Commenced 6 March 2021 (s 2) Police Legislation Further Amendment Act 2023 (Act No. 18, 2023) Assent date 17 August 2023 Commenced 21 September 2023 (Gaz S67, 20 September 2023) Firearms and Weapons Control Legislation Amendment Act 2023 (Act No. 32, 2023) Assent date 6 December 2023 Commenced pt 3: 3 May 2024 (Gaz S35, 2 May 2024) (Gaz S35 published 2 May 2024, revokes the commencement notice dated 8 April 2024 and published in Gaz G9, 26 April 2024); rem: 7 December 2023 (s 2(1)) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 12 and 15. 4 LIST OF AMENDMENTS pt 1 hdg amd No. 25, 2011, s 21 s 3 amd No. 12, 2003, s 13; No. 48, 2005, s 4; No. 25, 2011, s 21; No. 28, 2015, s 195; No. 3, 2021, s 4; No. 18, 2023, s 15; No. 32, 2023, s 38 s 3A ins No. 3, 2021, s 5 s 5 amd No. 25, 2011, s 21; No. 32, 2023, s 39 s 6 amd No. 25, 2011, s 21; No. 27, 2011, s 4 s 7 amd No. 48, 2005, s 5; No. 25, 2011, s 21; No. 27, 2011, s 4 s 7A ins No. 48, 2005, s 6 amd No. 25, 2011, s 21; No. 27, 2011, s 4 ss 8 – 9 amd No. 25, 2011, s 21; No. 27, 2011, s 4 s 10 amd No. 25, 2011, s 21; No. 27, 2011, s 4; No. 32, 2023, s 40 s 11 amd No. 25, 2011, s 21; No. 27, 2011, s 4; No. 32, 2023, s 41 ss 11A – 11B ins No. 48, 2005, s 7 amd No. 25, 2011, s 21; No. 27, 2011, s 4 s 12 amd No. 25, 2011, s 21; No. 27, 2014, s 57; No. 27, 2016, s 7; No. 32, 2023, s 42 s 13 amd No. 25, 2011, s 21; No. 27, 2011, s 4; No. 32, 2023, s 43

ENDNOTES Weapons Control Act 2001 35 s 14 amd No. 25, 2011, s 21; No. 27, 2011, s 4; No. 27, 2016, s 8; No. 32, 2023, s 44 s 15 amd No. 25, 2011, s 20; No. 9, 2016, s 160; No. 10, 2016, s 43; No. 32, 2023, s 45 s 16 rep No. 32, 2023, s 46 s 17 amd No. 25, 2011, s 21; No. 27, 2011, s 4 s 18 amd No. 32, 2023, s 47 ss 18A – 18C ins No. 32, 2023, s 48 pt 3A hdg ins No. 32, 2023, s 48 ss 18D – 18M ins No. 32, 2023, s 48 s 19 amd No. 48, 2005, s 8; No. 25, 2011, s 21 s 20 amd No. 25, 2011, s 21 s 21 amd No. 25, 2011, s 21; No. 18, 2023, s 16 s 22 amd No. 25, 2011, s 21 pt 5 hdg amd No. 25, 2011, s 21 s 23 amd No. 25, 2011, s 21 ss 23A – 23E ins No. 32, 2023, s 49 pt 6 hdg ins No. 32, 2023, s 50 s 26 ins No. 32, 2023, s 48

1 Weapons Control Act 2001

The Act organises risk and compliance around a set of statutory categories, administrative instruments and police powers. The principal concepts, as expressed in the text, are:

Prohibited weapon: an article prescribed by regulation to be a prohibited weapon (s 3 definition). The core offence prohibits bringing into the Territory, causing to be brought, manufacturing, selling, purchasing, displaying for sale, possessing, using or carrying a prohibited weapon except under an exemption or an approval (s 6). Maximum penalties are significant (s 6).
Controlled weapon: defined in s 3 to mean a knife or axe (other than ones that are prohibited) or an article prescribed by regulation. Controlled weapons attract different, generally lower, public‑place restrictions and safe‑carriage requirements (s 7). The Act also provides special rules for persons under 18 in relation to certain controlled weapons (s 7A, s 11A).
Offensive weapon: defined at s 3 by purpose or intent, distinct from prohibited and controlled weapons. Possession, carriage or use without lawful excuse is an offence (s 8). The Act defines lawful excuse for controlled and offensive weapon offences to include lawful employment, sport, recreation, entertainment, legitimate collection or exhibition, but expressly excludes self‑defence (s 7(4) and s 8(3)).
Body armour: defined in s 3A(1) as articles designed for anti‑ballistic or anti‑fragmentation purposes and worn on or covering the body. Exclusions include helmets, sight or hearing protective anti‑ballistic articles, and empty plate carriers (s 3A(2)-(3)). The Act prohibits bringing, manufacturing, selling, purchasing, possessing or using body armour except by exemption or approval (s 9).
Approval and specific purchase authority: The Act separates a general approval to possess or use (grantable under s 14 and applied for under s 13) from a specific purchase authority required to buy a particular type or quantity of prohibited weapon or body armour (s 10(1), (2), (6)-(8)). A separate specific purchase authority is needed for each type (s 10(2)). Applications require prescribed forms, fees and photographs (s 10(4), s 13(2)(c)-(d)).
Exemptions: The Administrator may exempt classes of persons or classes of prohibited weapons or body armour by Gazette notice, and specify conditions and limitations (s 12(5)-(8)). Statutory exemptions exist for prescribed officers such as police, defence, customs and correctional officers acting in the course of duties (s 12(1)-(3)) and for persons undertaking approved training (s 12(3A)-(3B)).
Decision criteria and discretionary power: The Commissioner has broad decision‑making authority. Mandatory refusal criteria include convictions within statutory lookback periods for disqualifying offences and offences of violence, and the existence of final domestic violence orders or personal violence restraining orders (s 15(2)). The Commissioner must also refuse if information supplied in the application was materially false (s 15(1)). The Commissioner may refuse on public interest or fitness and propriety grounds (s 15(3)). The Commissioner may rely on criminal intelligence to refuse or revoke without being required to state reasons (s 15(2B), s 15(2C), s 18G(1)-(2)).
Suspension and revocation mechanics: The Act provides for administrative suspension (s 18D), automatic suspension on interim DVOs or interim personal violence restraining orders (s 18E), automatic revocation on final orders or certain convictions (s 18F(1)), revocation where neglect or breach occurs (s 18F(3)-(4)), and revocation on criminal intelligence grounds (s 18G). Suspensions and revocations require surrender of the approval and the weapons in many circumstances (ss 18D(4), 18E(2), 18F(2), 18G(3)).
Police powers and procedural obligations: Police can require production of approvals and weapons for inspection (s 18C), inspect storage facilities (s 16(1)(c)), search a person, vehicle, vessel or package without warrant in public places or schools where reasonable suspicion exists and the officer informs the person of the grounds (s 19(1)-(2)), and seize and detain weapons found (s 19(2)(c)). Police may enter and seize without warrant when serving notices of suspension or revocation or after automatic revocation (s 18J) and may enter without warrant to search and seize if a person fails to comply with a suspension notice (s 18L(4)).
Administrative safeguards and limits: Applicants may seek a review to the Commissioner of delegate decisions within 28 days (s 18(1)-(7)). However, the Commissioner need not provide reasons for decisions based on criminal intelligence under s 18G(2), and certain decisions under s 15(2B) or s 18G(1) are expressly insulated from external review or challenge (s 23E).
Records, reporting and amnesty: Sellers must keep sale records in a prescribed form for three years and produce them to police on request (s 11(2)-(4)). Health practitioners and certain counsellors must report to police if they reasonably believe a person is not fit and proper to possess or use prohibited weapons or body armour (s 23B). The Commissioner may declare an amnesty by Gazette for specified objects for a specified period (s 23).

Those concepts are supplemented by regulation‑making powers (s 25), transitional provisions for the 2023 amendments (s 26), and detailed penalty structures for individual and corporate contraventions throughout the Act.

The Act allocates duties, rights and sanctions across a range of actors. The principal affected groups are:

Individual applicants and approval holders: Any natural person who wishes to possess, purchase, use or otherwise deal with a prohibited weapon or body armour must apply for and hold an approval (s 13, s 14). Approval holders must carry their approval when in possession of the item and produce it on request (s 18B(1)-(2)), inform the Commissioner of changes to name or address within 10 business days (s 18A(1)), notify loss or theft within 2 business days (s 18A(2)), and comply with storage and access conditions (s 16(1)(a)-(c)). Approvals are non‑renewable and expire in some circumstances such as ceasing permanent residency in the Territory (s 14(2A), (2B)).
Body corporates seeking approvals: Corporations may apply for approvals and specific purchase authorities. Corporate applications must nominate a representative who would be eligible to be granted an approval (s 13(2A)(c)). Corporates face separate penalty scales (for example s 6, s 9, s 7), typically higher penalty units than natural persons.
Sellers and retailers: Persons selling prohibited weapons or body armour must not sell unless the purchaser provides proof of a relevant exemption or approval and, in the case of specific purchase authorities, provides the authority and satisfies the seller of the purchaser’s entitlement (s 11(1)). Sellers must keep a prescribed form of record for three years and produce records to police on request (s 11(2)-(4)). Failure to keep records or to verify purchaser entitlement attracts penalties (s 11).
Prescribed public officials and employers: The Act defines a class of prescribed persons (s 12(1)) that includes correctional officers, Defence Force members of certain categories, police, customs officers, and Australian Protective Service members. These prescribed persons are exempt from sections 6 and 9 when acting in the course of duties or when supplied equipment by their employer for duty use (s 12(2)-(3)). Employers who supply prohibited weapons or body armour to prescribed persons are covered by limited exemptions for supply and possession (s 12(3)).
Persons under 18: The Act places additional restrictions on people under 18. A person under 18 must not possess, carry or use weapons listed in s 11A (s 7A(1)), and supply of crossbows and other prescribed controlled weapons to persons under 18 is prohibited (s 11A). Penalties double when offences are committed at night‑time in public places or schools (s 7A(2)).
Police and the Commissioner: The Commissioner is the primary decision maker for approvals and purchase authorities (s 14, s 10). The Commissioner may delegate many functions to police officers or public sector employees with exceptions (s 5(1)-(2)). Police exercise inspection, search, seizure and suspension powers at statutory thresholds (ss 16(1)(c), 18C, 18J, 18L, 19). Police are given immunity from civil or criminal liability for acts done in good faith in the exercise of powers under the Act (s 23A).
Health practitioners and counsellors: Under s 23B a registered health practitioner or a professional counsellor or social worker who believes on reasonable grounds that a person is not fit and proper to possess or use a prohibited weapon or body armour must report the belief and material facts to police. The reporter is protected from breach of confidence and civil or criminal liability for making the report in good faith (s 23B(2)).
Interjurisdictional actors: The Act affects senders and receivers of weapons within Australia. Section 11B makes it an offence for a receiver to receive a prescribed weapon into the Territory where the sender would be guilty under the law of the place from which it was sent. It is an offence for a person to procure another to send such a weapon into the Territory in similar circumstances (s 11B(1)-(3)). The definition of prescribed weapon for interstate restrictions is in s 11B(6).
Employers and training providers: Employers who supply weapons or body armour to prescribed persons are subject to limited exemptions (s 12(3)). Training providers must be approved by the Commissioner if training in use of prohibited weapons or body armour is to attract the training exemptions in s 12(3B). The Commissioner may approve training courses and instructors (s 23D).
The wider public and institutions: Schools and public places are focal points for police search without warrant where reasonable grounds exist (s 19). Courts are participants in forfeiture and return processes and determine whether seized objects should be returned or forfeited on conviction (s 20).

Who pays and who decides: Applicants pay prescribed fees for approvals and specific purchase authorities (s 13(2)(c), s 10(4)(b)). The Commissioner of Police makes approvals, specific purchase authority decisions and internal reviews of delegate decisions (s 14, s 10(6), s 18). The Administrator (an executive office) has the power to make Gazetted exemptions and regulations (s 12(5)-(8), s 25).

The Act creates a set of enforceable duties for persons who manufacture, sell, purchase, possess, use or carry the relevant types of weapons and body armour, and it also establishes administrative rights and processes. Key duties and rights are described below with statutory references.

Duties imposed on individuals and sellers

Not to possess, use, carry, bring into, manufacture, sell or purchase prohibited weapons or body armour except under an exemption or approval (s 6 and s 9). These are primary criminal prohibitions.
To obtain a specific purchase authority before purchasing a prohibited weapon or body armour, with a separate authority required for each type (s 10(1)-(2)). Applications must be on an approved form and accompanied by prescribed fee (s 10(3)-(4)).
Sellers must verify that a purchaser has an exemption or approval and, where relevant, be satisfied the purchaser is the person named in the specific purchase authority before completing a sale (s 11(1)). Sellers must maintain prescribed records of sales for three years and produce them to police on request (s 11(2)-(4)).
Holders of approvals must store weapons or body armour safely and securely in accordance with requirements prescribed by regulation (s 16(1)(a)), must not permit unauthorised persons to use the items (s 16(1)(b)), and must allow police to inspect storage facilities at any reasonable time (s 16(1)(c)).
Approval holders must notify the Commissioner of changes of name or address within 10 business days (s 18A(1)), report loss or theft of a prohibited weapon or body armour within two business days (s 18A(2)), and notify changes in application particulars without delay (s 18A(3)). If an approval is lost, the holder must notify the Commissioner within two business days (s 18A(4)).
When in possession of a weapon or body armour for which the approval was granted, the holder must carry the approval and produce it for inspection when requested by a police officer (s 18B(1)-(2)).
Persons served with a written notice under s 18C must produce the prohibited item for inspection at the specified time and place (s 18C(1)-(2)). Failure to comply is an offence, subject to a defence if the defendant did not reasonably know the whereabouts of the item (s 18C(3)).

Duties imposed on police and the Commissioner

The Commissioner is to process applications, grant, vary, suspend and revoke approvals in accordance with the Act (ss 14, 15, 18D-18G). The Commissioner may delegate many but not all functions (s 5). Some decisions based on criminal intelligence are explicitly non‑reviewable (s 23E). The Commissioner must provide written notice when suspending or revoking an approval under most provisions, stating reasons (s 18H(1)-(2)), though not where revocation is under s 18G (s 18G(2)).
Police may search without warrant in public places and schools with reasonable grounds and after informing the person of the grounds (s 19(1)-(2)), may seize and detain items found (s 19(2)(c)), and may enter premises to seize items when serving suspension or revocation notices or under other specified powers (s 18J, s 18L(4)).

Rights and procedural protections

Right to apply for an approval and to make the application in an approved form and with required materials (s 13(1)-(2)). Corporate applicants seeking approval to possess prescribed weapons must nominate a representative eligible to hold an approval (s 13(2A)(c)).
Right to a Commissioner review of a decision made by a delegate under ss 14, 15, 16 or Part 3A within 28 days (s 18(1)-(7)). The Commissioner must decide to uphold or substitute a new decision and must notify the applicant in writing with reasons (s 18(5)-(7)).
Limited right to reasons: the Commissioner is not required to give reasons for refusal under s 15(2B) or revocation under s 18G(1) where criminal intelligence is the basis, and decisions under those provisions are insulated from external review or proceedings (s 15(2C), s 18G(2), s 23E).
Right to apply for a duplicate approval or specific purchase authority where the original is lost or destroyed (s 24(1)-(3)).
Judicial and administrative relief: the Act allows courts to order return of items to an owner following conviction under listed provisions (s 20(1)(a)) and otherwise provides for return of seized items under time limits and conditions where prosecutions are not commenced (s 21-22).

Other notable duties and constraints

Approvals are not transferable (s 16(2)).
Specific offences create strict documentation and honesty obligations: applicants must not make false or misleading statements in applications (s 13(3), s 10(5)), and must not alter the photograph on an approval (s 14(5)).
There are time‑sensitive surrender obligations when approvals are suspended or revoked, and offences for failure to surrender (s 18D(4), s 18F(2)-(6), s 18L(3), s 18M(2)).
Health practitioners and certain counsellors must report concerns about fitness to possess weapons (s 23B), and are protected from liability for making such reports in good faith (s 23B(2)).

Collectively these duties and rights structure how private actors interact with the state, how police enforce statutory standards, and how the Commissioner exercises administrative discretion subject to a limited internal review process.

The Act sets a graduated penalty regime and a suite of enforcement powers for police and courts. The penalties apply to individuals and body corporates with higher monetary penalties for corporates. Enforcement tools include search without warrant, seizure, mandatory surrender, suspension and revocation of approvals, forfeiture, and criminal prosecution.

Major penalty amounts and offences

Prohibited weapons and body armour: possessing, using, carrying, bringing into, manufacturing, selling, purchasing, displaying for sale a prohibited weapon (s 6) or body armour (s 9) is a criminal offence. Maximum penalty for individuals is 400 penalty units or imprisonment for 2 years, and 2 000 penalty units for a body corporate (s 6; s 9).
Controlled and offensive weapons in public places or schools: possessing, carrying or using a controlled weapon in a public place or school without lawful excuse attracts a maximum penalty for individuals of 200 penalty units or imprisonment for 12 months, and 1 000 penalty units for body corporates (s 7(1)). A similar maximum applies to offensive weapons under s 8(1). Penalties are doubled if the offence occurred at night‑time (s 7(3), s 8(2)).
Purchase control and false statements: purchasing a prohibited weapon or body armour without the required authority is a maximum 400 penalty units or 2 years imprisonment (s 10(1)). Knowingly making a false or misleading statement in an application for a specific purchase authority is an offence with a maximum penalty of 100 penalty units for individuals and 500 for corporates (s 10(5)). Providing or allowing a false photograph for an approval is similarly penalised (s 13(4)-(5)).
Seller obligations and record keeping: selling a prohibited weapon or body armour contrary to s 11(1) incurs a maximum penalty of 200 penalty units or 12 months imprisonment for individuals, 1 000 penalty units for corporates. Failure to keep prescribed sale records or produce them to police carries fines (s 11(2)-(4)).
Breach of conditions and surrender obligations: breach of an exemption condition or approval condition is punishable by up to 200 penalty units for individuals and 1 000 for corporates (s 17). Failure to surrender a suspended or revoked approval and related items attracts up to 50 penalty units or imprisonment for 6 months in many surrender provisions (s 18D(4), s 18F(2), s 18G(3), s 18K(3), s 18L(3), s 18M(2)).
Administrative small penalties: some notification duties carry smaller penalties, for example change of name or address failure is 10 penalty units or imprisonment for 3 months (s 18A(1)), loss/theft notification 50 penalty units or 12 months (s 18A(2)), and failure to carry or produce an approval attracts 17 penalty units or 6 months imprisonment (s 18B(1)).

Enforcement mechanisms and police powers

Search without warrant: In a public place or school, where a police officer has reasonable grounds to suspect a person is carrying or in possession of a prohibited, controlled, offensive weapon or body armour contrary to the Act and after informing the person of the grounds, the officer may search the person and any vehicle, vessel, package or thing in the person's possession or control and seize and detain the item (s 19(1)-(2)). The officer must inform the person of the grounds for suspicion (s 19(1)(b)).
Inspection notices and compliance: A police officer may issue a written notice under s 18C requiring an approval holder to produce the weapon or body armour at a specified time and place for inspection. Failure to comply is an offence (s 18C(2)) with statutory defences if the defendant reasonably did not know the whereabouts of the item (s 18C(3)). All approvals are automatically suspended for up to 28 days if the person does not comply until the item is produced or satisfactory information provided (s 18C(4)-(5)), and approvals may be revoked if the person does not comply within 28 days (s 18C(6)).
Administrative suspension and revocation: The Commissioner may suspend an approval for up to 28 days if satisfied reasonable grounds for revocation may exist (s 18D). Approvals are automatically suspended on the making of an interim domestic violence order or interim personal violence restraining order and suspended until the order is resolved (s 18E). Automatic revocation occurs on a final domestic violence order or upon being found guilty of specified offences (s 18F(1)). The Commissioner must revoke an approval if satisfied a holder has failed to comply with conditions or the loss/theft is due to negligence or fraud (s 18F(3)), and the Commissioner must revoke where criminal intelligence shows the holder is a risk to public safety (s 18G(1)). Revocation takes effect on service of notice (s 18F(5)).
Entry and seizure without warrant: At the time of serving a notice suspending or revoking an approval, or after an automatic revocation, a police officer may without warrant and using necessary force enter premises, vehicles or other places to search for and seize prohibited items (s 18J). If a holder fails to surrender on a suspension notice, a police officer may enter and seize without a warrant (s 18L(4)). Police may also seize items under s 19 searches.
Forfeiture and return: On conviction for listed offences the court may order return of the weapon to a third party or, failing that, the object is forfeited to the Territory and may be destroyed or disposed of by the Commissioner (s 20(1)-(3)). Seized items must be returned to the person from whom seized if proceedings are not commenced within six months or a decision is made within six months not to bring proceedings, subject to there being an exemption or approval permitting possession (s 21(2)-(3)). The Commissioner must notify and provide a seven day period to apply for return, and a further 21 day collection period (s 22).

Immunity and limits

Police and Commissioner immunity: The Commissioner and police officers are not civilly liable for acts done in good faith in exercising powers under the Act, and are not criminally responsible for offences under certain conditions where conduct is reasonable for the exercise of power (s 23A(1)-(2)). Subsections do not affect other Territory liability (s 23A(3)).
Non‑reviewable decisions: The Act expressly prevents judicial or external review of Commissioner decisions under s 15(2B) or s 18G(1) (decisions based on criminal intelligence or related grounds) (s 23E). The Commissioner is not required to provide reasons for refusals on criminal intelligence grounds (s 18G(2)).

Taken together the penalty and enforcement regime combines criminal sanctions for non‑compliance, administrative controls over approvals that can be swiftly suspended or revoked, and robust police powers of search, entry and seizure without warrant in statutory circumstances.

The Act is explicitly cross‑referential and designed to operate alongside Territory and Commonwealth statutes. The Act both borrows definitions from and defers certain interactional outcomes to other instruments.

Firearms Act 1997 and related definitions

Firearms excluded: The Act expressly excludes firearms from its operation by providing that a firearm is as defined in the Firearms Act 1997 and the Weapons Control Act does not apply to a firearm (s 4). The concepts of disqualifying offences and offences of violence refer back to the Firearms Act 1997 definitions (s 3). This allocates firearms regulation to the separate statutory framework and uses the Firearms Act’s criminal history thresholds when assessing eligibility for approvals (s 15(2)).

Domestic and personal violence regimes

Interim and final orders as triggers: The Act interacts with domestic violence and personal violence restraining order regimes. An interim domestic violence order under the Domestic and Family Violence Act 2007 or an interim personal violence restraining order under the Personal Violence Restraining Orders Act 2016 automatically suspend approvals (s 18E(1)). Final domestic violence orders, personal violence restraining orders, and orders to keep the peace automatically revoke approvals (s 18F(1)(a)). These cross‑references create immediate administrative consequences in weapons control where other protective orders are made.

Correctional Services, Defence, Customs and Commonwealth agencies

Prescribed persons: The Act recognises occupational exemptions for correctional officers (referencing the Correctional Services Act 2014), Defence Force members (referencing the Defence Act 1903), police officers, Customs officers under the Customs Act 1901, and Australian Protective Service members (s 12(1)). These statutory links allow the Act to coordinate with operational arrangements of other Commonwealth and Territory agencies.

Police Administration Act and evidential handling

Seized goods management: Section 21(1) disapplies the return obligation for seized weapons destroyed under section 116KM of the Police Administration Act 1978, tying custodial disposal to police administrative procedures in that Act.

Health practitioner regulation and reporting obligations

Mandatory reports by health practitioners, counsellors and social workers are linked to the Health Practitioner Regulation National Law in defining who is a "health practitioner" (s 23B(3) and definition). The Act provides that such professionals must report to police if they reasonably believe a person is not fit and proper to possess prohibited weapons or body armour (s 23B(1)).

Administrative law and review

Internal review and limits on external review: The Act provides for internal review by the Commissioner of delegate decisions (s 18(1)-(7)), but s 23E displaces external avenues for particular Commissioner decisions (those under s 15(2B) and s 18G(1)), stating no person or body is entitled to investigate or review such decisions and that no proceedings for appeal, injunction, declaration or orders are to be brought in relation to them. This creates an interaction with administrative law remedies by narrowing reviewability in specific, enumerated circumstances.

Regulations and Gazette powers

The Administrator may exempt classes of persons or weapons by Gazette notice (s 12(5)-(8)), and the Administrator may make regulations necessary or convenient to carry out the Act (s 25). Both instruments will likely specify prescribed weapons, controlled weapon categories, record formats, fees, storage standards, and other operational material that is not in the Act itself.

Interstate law and procurement

Section 11B creates a statutory interaction with the laws of other States and Territories by making it an offence to receive into the Territory a prescribed weapon from a sender in another Australian place if the sender would be guilty under that place’s law, and by penalising procuring or directing a sender to forward such weapons in like circumstances. This recognises and enforces interjurisdictional compliance with external laws.

Transitional amendments

The Firearms and Weapons Control Legislation Amendment Act 2023 amended multiple provisions and inserted Part 3A and related sections (refer to s 26 transitional provision). Transitional provision s 26 applies conditions of newly inserted s 16 to existing approvals from the commencement of Part 3 of the amending Act. Readers must consider the Act as read with these amendments where commencement dates and transitional provisions apply.

Interpretation Act and statutory construction

The Act notes that the Interpretation Act 1978 contains definitions and other relevant provisions (note to s 3). Standard interpretative rules and time calculations therefore apply to the operation of this Act.

In practice, compliance and enforcement under the Act depend heavily on subordinate instruments, cross‑statutory definitions, and parallel regimes that govern firearms, domestic violence orders, and occupational duties. Legal advisors and compliance officers must read the Act alongside the Firearms Act 1997, Domestic and Family Violence Act 2007, Personal Violence Restraining Orders Act 2016, Police Administration Act 1978, Correctional Services Act 2014 and the relevant Commonwealth Acts referenced by s 12 to obtain the complete legal picture.

The Act’s endnotes and omnibus amendment entries in the reprint set out its legislative evolution. The principal legislative milestones and how they altered the Act are recorded in the reprint’s endnotes and schedule of amendments.

Foundation and early amendments

Weapons Control Act 2001 (Act No. 25 of 2001) received assent on 19 July 2001 and commenced 8 August 2001. It established the original regulatory framework.
Statute Law Revision Act 2003 made formal amendments to s 3.
Weapons Control Amendment Act 2005 (Act No. 48 of 2005) (assent 14 December 2005; commenced 1 February 2006) inserted s 7A and ss 11A-11B, among other adjustments, creating offences relating to supply to under‑18s and interstate sales (see amending note under ss 7A and 11A-11B).
Justice and Other Legislation Amendment Act 2011 (Act No. 25 of 2011) made multiple formal amendments across Part 1 and Part 2 provisions.
Penalties Amendment (Chief Minister's and Other Portfolios) Act 2011 adjusted penalty structures.

Sectoral and cross‑referential amendments

Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27 of 2014) updated references such as the definition of correctional officer in s 12(1)(a).
Education Act 2015 amendments updated the cross‑reference to the statutory definition of "school" used in the weapons Act.
Firearms and Weapons Control Legislation Amendment Act 2016 (Act No. 27 of 2016) made amendments including to s 14 and related provisions, aligning parts of weapons control and firearms regulation.

Recent and structural amendments

Weapons Control Amendment Act 2021 (Act No. 3 of 2021) inserted s 3A (definition of body armour) (see endnote list showing s 3A inserted by No. 3, 2021, s 5) and made other changes.
Police Legislation Further Amendment Act 2023 (Act No. 18 of 2023) made amendments commencing 21 September 2023 and affected cross‑references (see list).
Firearms and Weapons Control Legislation Amendment Act 2023 (Act No. 32 of 2023), assent 6 December 2023, introduced a substantial package of amendments. Key points from the reprint’s list of amendments include:
- Insertion of new sections and a new Part 3A containing suspension and revocation mechanics (ss 18D-18M) (ins No. 32, 2023, s 48). These provisions are central to the modern suspension and revocation architecture.
- Amendments to s 10, s 11, s 12, s 13, s 14, s 15 and other sections to change application requirements, Commissioner powers, and operational detail (s 40-45). The reprint notes s 16 was repealed by No. 32, 2023, s 46 in the amendment list even where a conditions provision appears in the main text of the reprint; transitional s 26 addresses conditions of existing approvals following the amendments.
- Part 3 of the amending Act commenced on 3 May 2024 (Gaz S35, 2 May 2024), and s 26 of the Act provides that existing approvals are subject to the conditions mentioned in s 16 as inserted by the amending Act (see Part 6 Transitional matters).

Transitional mechanism

Section 26 in Part 6 is a transitional provision stemming from the Firearms and Weapons Control Legislation Amendment Act 2023. It states that approvals in force immediately before commencement of Part 3 of the amending Act become subject to the conditions mentioned in s 16 as inserted by the amending Act (s 26(1)). The amending Act is defined in s 26(2) as the Firearms and Weapons Control Legislation Amendment Act 2023. The commencement date for Part 3 of the amending Act is 3 May 2024 (noted in the endnotes).

Practical reading of amendments

The reprint’s list of amendments at the back provides section‑by‑section amendment history up to the 2023 amending Act. Practitioners should check commencement notices in the Gazette for precise dates where multiple parts of amending Acts commenced at different times, because the 2023 amending Act has specific commencement entries (endnotes indicate part 3 commenced 3 May 2024).
The Act contains multiple cross‑references to other legislation that absorbed later terminological or structural changes; for example definitions and references to domestic violence and personal violence restraining orders were adjusted following the Personal Violence Restraining Orders Act 2016 and local court amendments.

In short, the Act has been subject to iterative amendment. The most significant recent structural change was the 2023 amending Act that added Part 3A (suspension and revocation), adjusted application and approval processes, and introduced transitional measures to bring existing approvals under the new conditions. Practitioners must consult the reprint and Gazette commencement notices to confirm which provisions and amendments apply to a given fact pattern.

The reprinted Act and its endnotes do not cite any judicial decisions or litigation history. The text contains provisions that limit avenues of external review for particular Commissioner decisions. Specifically:

Section 23E declares that decisions of the Commissioner under s 15(2B) or s 18G(1) are not subject to external investigation, inquiry or review, and that no proceedings for appeal, injunction, declaration or orders for prohibition or mandamus may be brought in relation to those decisions. This provision curtails judicial and administrative review rights for decisions made under those subsections.
Section 15(2C) and s 18G(2) state the Commissioner is not required to give reasons for refusing an approval or revoking an approval on grounds mentioned in those subsections where criminal intelligence or other confidential information is relied upon.

Because the reprint does not include case law, there is no in‑text litigation record to report. If litigation has occurred on the operation or interpretation of the Act, that material is not contained in the statutory reprint provided. Practitioners seeking case law that interprets the Act must consult legal databases and court reports for any decisions addressing: the scope of "reasonable grounds" for searches (s 19), the reach of non‑reviewability (s 23E), use of criminal intelligence in administrative decision‑making (s 15(2B), s 18G), the limits of police powers to enter and seize without a warrant (ss 18J, 18L, 19), or the standard for "lawful excuse" under s 7 and s 8.

The Act itself does create structural constraints that intersect with administrative law remedies. Section 23E places express statutory limits on review that could be litigated for compatibility with higher‑order legal principles; absent case law in the reprint, however, the statute records the legislature’s intent to insulate certain decisions from ordinary judicial processes for the specified grounds.

The Act contains several operational and legal traps that often lead to compliance failures or surprise enforcement outcomes. Below are concrete points a practitioner or compliance officer should flag, with statutory anchors.

Non‑renewable approvals and residency expiry

Approvals are not renewable; a new application must be made for a new approval when the term ends (s 14(2B)). Practitioners must diarise expiry dates because administrative renewal is not available.
Approvals expire automatically three months after the holder ceases to reside permanently in the Territory, except approvals to provide training in the use of prohibited weapons or body armour (s 14(2A)). Moving outside the Territory can inadvertently terminate rights.

Photograph and identity formalities carry criminal penalties

Applications must include or permit the taking of a recent photograph of the applicant or the applicant’s representative (s 13(2)(d)). Supplying a photograph that is not of the applicant (s 13(4)) or permitting a photograph to be taken that is not of the applicant for the approval (s 13(5)) are separate offences carrying 100 penalty units for individuals and 500 for body corporates. Altering a photograph on an approval is also an offence (s 14(5)).

Specific purchase authorities and seller verification

A separate specific purchase authority is required for each type of prohibited weapon or body armour to be purchased (s 10(2)). Sellers must obtain proof of exemption or approval and, where applicable, the specific authority before selling (s 11(1)). Failure to verify or keep required records is an offence (s 11(2)-(4)).

Automatic suspension and revocation, and immediate surrender

An interim domestic violence order or interim personal violence restraining order automatically suspends approvals and requires immediate surrender of the approval and items (s 18E(1)-(2)). A final domestic violence order or certain convictions automatically revoke approvals and require immediate surrender (s 18F(1)-(2)). These are mandatory statutory actions; holders should be aware that even before any criminal conviction, protective orders can remove authority and trigger immediate surrender obligations.

Limited reason‑giving and non‑reviewable decisions

The Commissioner need not provide reasons for revocations or refusals when relying on criminal intelligence or certain grounds (s 18G(2), s 15(2C)). Decisions under s 15(2B) and s 18G(1) are insulated from external review and judicial challenge (s 23E). This limits procedural remedies and complicates legal challenge strategies.

Police entry, seizure and force without warrant

Police may enter premises without warrant to search and seize when serving suspension or revocation notices, or to enforce failure to comply with a suspension notice, and may use necessary force (s 18J, s 18L(4)). Police may conduct searches without warrant in public places and schools where reasonable grounds exist, but must inform the person of the grounds (s 19(1)-(2)). These provisions create operational risk at the point of police contact.

Return of seized items is conditional

Seized items will be returned only if proceedings are not commenced within six months or a decision is made within six months not to bring proceedings, and only if the person to whom the items would be returned has an exemption or approval authorising possession (s 21(2)-(3)). Owners should not assume automatic return if their legal entitlement to possess the item is unsettled.

Regulation dependence and prescribed lists

The Act relies on regulations to prescribe classes of prohibited and controlled weapons, record formats, storage requirements, fees and other operational matters (s 25, s 3, s 11(3), s 16(1)(a)). Compliance therefore requires checking the current Regulations and any Gazette notices for exempt classes issued by the Administrator (s 12(5)-(8)). A weapon’s legal status can change through subordinate instruments without an amending Act.

Transitional complexity from 2023 amendments

The Firearms and Weapons Control Legislation Amendment Act 2023 made substantive changes, including inserting Part 3A. Transitional s 26 applies conditions to existing approvals as of the commencement of Part 3 on 3 May 2024. Practitioners must confirm which version of the Act and which conditions apply to existing approvals at any given time.

Duty to report by health practitioners

Health practitioners and certain counsellors have a mandatory reporting duty if they believe on reasonable grounds a person is not fit and proper to possess or use prohibited weapons or body armour (s 23B(1)). There is statutory protection for reports made in good faith (s 23B(2)), but the mandatory duty may intersect with confidentiality obligations under other laws or professional codes and requires considered handling.

Interstate transactions risk

Section 11B makes receiving, sending, or procuring a prescribed weapon into the Territory criminal where the sender would be guilty under the law of the place from which it was sent. This intertwines interstate law compliance with local obligations and can catch private sellers or buyers who rely on cross‑border shipping.

Surrender duties and short timelines

Suspension notices and revocation notices frequently impose immediate or very short timelines for surrender (s 18D(4), s 18F(2), s 18G(3), s 18L(3), s 18M(2)). Failure to act promptly can attract criminal penalties and allow police to enter and seize.

Record retention and production obligations

Sellers must keep sale records for three years (s 11(3)) and produce them on request (s 11(4)). Failure attracts penalties and can be used as evidence of non‑compliance.

Practical surprises

Approvals are not transferable (s 16(2)), so corporate restructures, asset transfers or staff changes must be planned so that approvals align with the person who will maintain continuous and responsible control (s 15(2D), which authorises refusal where the Commissioner believes the applicant may not personally exercise continuous and responsible control because of domestic circumstances or intemperate habits).

In sum, the Act contains tight documentary, notification and surrender obligations, discretionary administrative powers that may be exercised on privileged intelligence, and quick operative consequences triggered by protective orders and criminal convictions. Compliance requires active management of approvals, record systems, insurance of storage standards, and an eye on subordinate instruments.

Compliance under the Weapons Control Act 2001 requires an administrative and operational programme that addresses approvals, purchase authorities, storage, record keeping, reporting and interaction with police. The steps below map statutory requirements to practical actions. Citations indicate the statutory provision imposing the duty.

Identify whether the item is regulated and under which category

Check the Regulations and Gazette notices for lists of prohibited weapons, controlled weapons and prescribed weapons for s 11B (s 3 definitions; s 25; s 12(5)-(8)). The Act’s classifications determine whether approvals, specific purchase authorities or exemptions are required (s 6, s 9, s 10, s 11).

If possession or purchase is intended, obtain the correct approval and purchase authority

Apply for an approval under s 13 in the Commissioner’s approved form, include required photographs and pay the prescribed fee (s 13(2)(a)-(c), (d)). For some regulated weapons, applications must include evidence of completion of Commissioner‑approved training (s 13(2A)(b)). If buying a prohibited weapon or body armour, obtain a specific purchase authority , a separate authority is required for each type (s 10(1)-(2), (3), (6)-(7)). Keep the specific purchase authority with purchase records.

Ensure suitability under the statutory eligibility criteria before applying

Review criminal history timeframes and order restrictions. The Commissioner cannot grant an approval if the applicant has certain convictions within statutory lookback periods (s 15(2), (2A)). The applicant must not have final domestic violence orders in force and must not be subject to certain restraining orders (s 15(2)(c), (ca)). The Commissioner will also consider criminal intelligence and fitness and propriety (s 15(2B), (2C), (2D)).

Meet photograph and identity requirements exactly

Provide a recent photograph of the applicant or representative as part of the application, or permit the Commissioner’s designated person to take one (s 13(2)(d)). Do not supply a third‑party photograph or alter photographs on approvals (s 13(4)-(5); s 14(5)).

Comply with storage, access and inspection requirements

Store weapons and body armour safely and securely in accordance with what is prescribed by regulation and any conditions on the approval (s 16(1)(a), (e)). Permit police to inspect storage facilities at any reasonable time (s 16(1)(c)) and respond promptly to written production notices under s 18C. Non‑compliance is an offence (s 18C(2)) and may trigger automatic suspension or revocation (s 18C(4)-(6)).

Carry and be ready to produce the approval when in possession

When in possession of the regulated item, carry the approval and produce it to police on request (s 18B(1)-(2)). If required to produce an item for inspection under s 18C, comply within the time and place specified or notify the Commissioner and explain why you could not comply. Failing to comply can result in suspension and possible revocation.

Maintain accurate sale records if selling regulated items

Sellers must obtain proof of the purchaser’s exemption or approval and any specific purchase authority, and keep prescribed sale records for three years (s 11(1)-(3)). Produce records to police on request at any reasonable time (s 11(4)). Adopt a record retention policy that meets the regulations’ prescribed form.

Implement notification and loss/theft procedures

Notify the Commissioner in writing within 10 business days of changes of name or address (s 18A(1)); notify the Commissioner of loss or theft of a prohibited weapon or body armour within two business days (s 18A(2)). Keep logbooks or incident reporting systems to evidence timely notifications.

Train staff and ensure corporate representative eligibility

If a body corporate seeks an approval, nominate an employee representative eligible for an approval (s 13(2A)(c)). Ensure training courses and instructors meet any Commissioner approval if relying on training exemptions (s 12(3A)-(3B); s 23D).

Prepare for interaction with police and immediate surrender requirements

Understand immediate surrender obligations in the event of an interim or final domestic violence order, suspension or revocation (s 18D(4), s 18E(2), s 18F(2)). Establish protocols for immediate delivery to police if required, and ensure senior management has contingency plans for custody transfer.

Monitor criminal intelligence and conduct risk assessments

The Commissioner may rely on criminal intelligence and other confidential information to refuse or revoke (s 15(2B), s 18G(1)). For higher risk individuals or functions, establish periodic reviews and document risk mitigation and supervision to demonstrate continuous and responsible personal control (s 15(2D)).

Keep records of approvals and apply for duplicates where necessary

If an approval or specific purchase authority is lost or destroyed, apply for a duplicate on the approved form and pay the prescribed fee (s 24(1)-(3)). Keep copies of the approval in secure files and consider scanned backups for administrative continuity.

Understand the limits on review and plan accordingly

Recognise that decisions under s 15(2B) and s 18G(1) are not externally reviewable (s 23E) and the Commissioner is not required to give reasons under certain subsections (s 15(2C), s 18G(2)). Where possible, focus on pre‑emptive compliance and documentation rather than litigation.

For interstate transactions, check sender/receiver legal status

Prior to receiving or procuring the shipment of a regulated weapon from elsewhere in Australia, ensure the sender would not be guilty under the sending place’s laws (s 11B). Contracts and logistics should include warranties and verification steps.

Maintain compliance with Regulations and Gazette notices

The Act delegates significant detail to regulations and Gazette exemptions (s 25; s 12(5)-(8)). Regularly review the Regulations, any Gazette notices under s 12, and the Commissioner’s published guidance or approved forms. Implement compliance reviews after each legislative or regulatory update, especially following the 2023 amending Act and the s 26 transitional arrangements.

For health and counselling professionals: make timely, well‑documented reports

When a health practitioner or professional counsellor reasonably believes a person is not fit and proper to possess weapons or body armour, report to police and document the material facts supporting the belief (s 23B(1)-(2)). Follow organisation reporting protocols and confidentiality exceptions provided in s 23B(2).

Compliance requires administrative discipline: document approvals, photo ID and application materials, storage practices and inspection logs, sale records, loss/theft incident reports, and communication with police and the Commissioner. Regularly review Regulation updates and Gazette exemptions, and build notification and surrender workflows so immediate statutory obligations can be met without delay.

Weapons Control Act 2001

Plain English Summary

Deep Dive

What it does

Current sections

Weapons Control Act 2001

Source text: opening excerpt

1 Weapons Control Act 2001

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply