Weapons Prohibition Act 1998
6Application of Act
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6 Application of Act
6 Application of Act
(1) This Act binds the Crown in right of New South Wales and, so far as the legislative power of Parliament permits, the Crown in all its other capacities (except as otherwise provided by this section).
(2) A person is not guilty of an offence under this Act or the regulations only because of something done by the person while acting in the ordinary course of the person’s duties—
(a) as a police officer (or as a student police officer), or
(a1) as a special constable within the meaning of section 82L of the Police Act 1990 who is exercising functions of a police officer, or
(b) as a correctional officer employed in the Department of Corrective Services, or
(c) as a member of the police force, or as a custodial officer (however described), of the Commonwealth or of another State or Territory, or
(d) as a member of the armed forces of the Commonwealth, or of any government that is allied or associated with the Commonwealth in any war or joint military exercise in which the Commonwealth is engaged.
(3) A person is not guilty of an offence under Part 2 only because of possessing a prohibited weapon—
(a) that is being conveyed or stored in the ordinary course of the person’s duties in the business of a carrier or warehouse operator, or
(b) that has been seized by the person, under the authority of any Act or other law, in the course of the person’s duties as an employee or officer of a government agency or public authority, or
(c) while acting in the ordinary course of the person’s duties as a member (other than a police officer) of the NSW Police Force.
(4) The regulations may exempt any person or class of persons from the operation of any provision or requirement of this Act in such circumstances, and subject to such conditions, as may be specified in the regulations. Any such regulation may create offences in relation to a failure to comply with a condition prescribed in relation to an exemption.
s 6: Am 2008 No 62, Sch 2.62; 2011 No 62, Sch 3.41; 2013 No 56, Sch 3.10.