Weapons Regulation 2016
sec.159Modifying firearm to make it permanently inoperable
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sec.159 Modifying firearm to make it permanently inoperable
For section 7 (1) of the Act , the way to modify a firearm to make it incapable of being discharged is— the way mentioned in schedule 4 for the firearm; or the way approved under subsection (2) for— the firearm; or the type of firearm the firearm is. An authorised officer may, on written application, give the applicant written approval to make a particular firearm or type of firearm incapable of being discharged, in a stated way. However, the authorised officer must be satisfied the way proposed to be approved gives at least the same level of inoperability as compliance with schedule 4 would give for the firearm or type of firearm. Despite subsection (1) , if a warfare firearm has been imported under the Customs Act 1901 (Cwlth) , the way to make the warfare firearm permanently inoperable is the way required under that Act to have enabled the Minister under that Act to give written permission for the importation of the warfare firearm on the grounds the importation complied with the collectors and non-government museum test. In this section— collectors and non-government museum test see the Customs (Prohibited Imports) Regulations 1956 (Cwlth) , schedule 13 , part 1 , item 7. warfare firearm means— a rifle that has a calibre of more than .50; or a machine gun that has a calibre of more than .50; or a field gun, mortar or launcher mentioned in schedule 4 , section 14A (1) ; or a flamethrower. s 159 amd 2019 SL No. 43 s 10 (sec.159-ssec.1) For section 7 (1) of the Act , the way to modify a firearm to make it incapable of being discharged is— the way mentioned in schedule 4 for the firearm; or the way approved under subsection (2) for— the firearm; or the type of firearm the firearm is. (sec.159-ssec.2) An authorised officer may, on written application, give the applicant written approval to make a particular firearm or type of firearm incapable of being discharged, in a stated way. (sec.159-ssec.3) However, the authorised officer must be satisfied the way proposed to be approved gives at least the same level of inoperability as compliance with schedule 4 would give for the firearm or type of firearm. (sec.159-ssec.4) Despite subsection (1) , if a warfare firearm has been imported under the Customs Act 1901 (Cwlth) , the way to make the warfare firearm permanently inoperable is the way required under that Act to have enabled the Minister under that Act to give written permission for the importation of the warfare firearm on the grounds the importation complied with the collectors and non-government museum test. (sec.159-ssec.5) In this section— collectors and non-government museum test see the Customs (Prohibited Imports) Regulations 1956 (Cwlth) , schedule 13 , part 1 , item 7. warfare firearm means— a rifle that has a calibre of more than .50; or a machine gun that has a calibre of more than .50; or a field gun, mortar or launcher mentioned in schedule 4 , section 14A (1) ; or a flamethrower.