Weapons Regulations 1999

The Regulations rely on a small set of recurring legal mechanics and concepts that determine how the Act will be applied in practice. Those concepts are classification, definition, exception, administrative approval and prescribed circumstance.

Classification: The first core mechanism is classification by schedule. The Regulations prescribe specific articles as prohibited weapons (Sch 1), controlled weapons (Sch 2), and edged weapons for the Act’s edged-weapon definition (Sch 3). Entries in the schedules combine a short name with an operative description. For example, “airsoft gun” is defined by appearance and function (Sch 1 item 1A); “gel blaster” is defined by its projectile and is a prohibited weapon (Sch 1 item 11B); “capsicum spray weapon” is placed in the controlled weapons list (Sch 2 item 3A) while “spray weapon (other than capsicum)” remains prohibited (Sch 1 item 15). The schedules therefore effect substantive classification outcomes that tie back to the Act’s offence provisions referenced across the Regulations.

Definition: The Regulations supply definitions that determine the reach of schedule entries and the Act’s language. “Missile” is a broad term covering arrows, bolts, bullets, darts, knives, shot, spears or any article made or modified to be discharged from another article so as to injure or disable (r 3). “Injure or disable” expressly excludes administering surgical or medical treatment in good faith (r 3). “Baton” is defined by purpose and construction and specifically includes “police nightstick” (r 3). These definitions can change whether a seemingly innocuous object is captured: for example a “toy” that has the appearance of a firearm but is not clearly a toy may be an “imitation firearm” in Sch 2 item 10.

Exception and authorised carriage: The Regulations create tightly defined exceptions to Act offences. Exceptions are given to people performing particular functions (prison officers, custodial officers, federal/interstate police, aviation or maritime security inspectors) or participating in specified activities (security officers with endorsed licences, participants in archery or disabled-sports events). Relevant provisions are reg 10, 10A, 12, 12A, 8, 11 and 14. The shape of each exception is distinct: some are role-based (e.g. prison officer in reg 10), some are activity-based (e.g. participant in an “exempt event” for blow pipes, reg 11), some are conditional on having pre-existing qualification or membership (e.g. exempt arbalests as Archery Australia members with possession before 1 July 2011, reg 14(6)). Many exceptions require approvals or endorsements to be recorded publicly by Gazette or by written notice (for example Commissioner or Minister notices in regs 6, 8, 9, 13, 14).

Administrative approval and publication: Multiple powers to permit, approve and withdraw authorisations rest with the Minister or Commissioner of Police. The Minister approves types of electric shock cases by Gazette notice (r 6(1)(b)), may declare exempt collectors and exempt arbalests by written notice (regs 9(4), 14(6)), and the Commissioner of Police may issue production exemption notices for dramatic productions (r 13(2)-(3)). Approvals for baton types are made by the Commissioner of Police by Gazette under powers imported from the Security and Related Activities (Control) Act 1996 (r 8). Notice mechanisms are specified, including that a cessation notice must not be less than 30 days after the notice is given (regs 9(5), 13(7), 14(7)). The Regulations therefore make administrative publication an operational necessity for lawful carriage and manufacture in many instances.

Security, safe manufacture and disposal: For exemptions that permit otherwise-prohibited activity (for example manufacturing a prop weapon or keeping a collector’s items), the Regulations require evidence that “adequate arrangements exist to keep the collection secure” (reg 9(4)(c)), that weapons manufactured for productions will be manufactured safely (reg 13(3)(c)), and that prohibited weapons specified for productions will be disposed of lawfully and as specified in the exemption notice (reg 13(5)). These are conditions attached to exemptions and authorisations.

Defensive possession: The Regulations specify narrowly phrased defensive possession rights. For approved electric shock cases and capsicum spray weapons, the Regulations permit carriage or possession for lawful defence where the person has “reasonable grounds to apprehend” the circumstances (r 6(2); r 7). Those provisions do not authorise use that would otherwise be unlawful under the Act or other criminal laws; they are limited to possession or carriage for defensive purposes and hinge on the objective reasonableness of the apprehension.

Interlocking statutory references: The Regulations do not stand alone; they are built to work with other legislation. They expressly rely on the Act’s sections for offences and definitions (see r 4, r 5, r 5A and references to Act ss 3, 3A, 5A, 6, 6A, 7, 8, 10(3)), borrow administrative mechanisms from the Security and Related Activities (Control) Act 1996 for baton approvals (r 8), and carve out exceptions for people acting under the Prisons Act 1981, Court Security and Custodial Services Act 1999, Young Offenders Act 1994, cross-border and Commonwealth security statutes (regs 10, 10A, 12, 12A). Practitioners must therefore read the Regulations together with the Act and the other statutes they reference to understand duties and permissions.

These concepts determine legal outcomes by (a) putting named weapons inside the Act’s prohibition/control categories; (b) supplying the technical meaning of the Act’s language; (c) enabling or disabling carriage, manufacture, sale and disposal through narrowly prescribed exemptions; and (d) assigning administrative decision-making to the Minister and the Commissioner of Police with publication and notice as the delivery mechanism.

The Regulations affect a range of actors directly and indirectly by classifying articles and by creating statutory exceptions that attach to roles, activities or approvals. The principal affected groups are owners and sellers of named articles, licensed security personnel and trainers, custodial and correctional officers, law enforcement officers (state, interstate and federal), producers and suppliers to dramatic productions, recognised sporting participants and their suppliers, collectors who claim exemption status, and regulatory decision-makers (Minister and Commissioner of Police).

Owners and sellers of specified articles: If an article appears in Schedule 1 as a prohibited weapon (for example airsoft guns (Sch 1 item 1A), gel blasters (Sch 1 item 11B), electric shock weapons (Sch 1 item 8), certain spray weapons (Sch 1 item 15)), ordinary private possession, carriage, manufacture and supply will attract the Act’s prohibitions unless a specific exception applies. Schedule 2 controlled weapons restrict different behaviour in the Act; controlled items cover capsicum spray weapons (Sch 2 item 3A), approved electric shock cases (Sch 2 item 1), bows (Sch 2 item 3), imitation firearms (Sch 2 item 10) and light pointers (Sch 2 item 10AA). Sellers, importers and manufacturers must classify products against these lists to determine whether the Act criminalises their activity or requires compliance with licensing regimes under the Act.

Licensed security officers and trainers: Regulation 8 prescribes circumstances in which extendable batons may be carried by a person who holds a security officer’s licence issued under the Security and Related Activities (Control) Act 1996, provided the licence is endorsed and the baton type is approved by the Commissioner and published in the Gazette. Training providers and supply chains for approved training are also covered by r 8(1a)-(1b) and (1b). Those in the private security industry are therefore subject to an endorsement and approval regime that sits across both weapons and security licensing statutes.

Custodial, prison and court staff: Prison officers and persons authorised under specified Court Security and Custodial Services Act powers are exempted from offences under the Act for things done in performance of their functions (r 10). Custodial officers under the Young Offenders Act are explicitly permitted to carry capsicum spray weapons in the course of their duties (r 10A(2)-(3)). These provisions directly affect how correctional and custodial services staff arm themselves and the legal protection for weapons they carry in official functions.

Police and inspectors: The Regulations create role-based exemptions for members of the Australian Federal Police, other States’ and Territories’ police forces, and some cross‑border police under the Cross-border Justice Act 2008 (r 12). Aviation and maritime security inspectors (as defined by Commonwealth Acts) are similarly excepted for functions performed in those roles (r 12A(2)). These exemptions mean that certain officers are not criminally culpable under the Act for possession or carriage done in performance of their duties.

Collectors and historic owners: The Minister may designate “exempt collectors” for specified prohibited weapons if the person was a genuine collector before the relevant date, is fit and proper, and adequate security exists (r 9(4)-(6)). The Regulations therefore affect collectors of older or historic weapons by allowing a process for lawful retention, transfer and disposal subject to ministerial notice and revocation rules.

Producers and suppliers to dramatic productions: Producers may apply to the Commissioner of Police for an exemption notice permitting use, manufacture, carriage, sale and disposal of a specified prohibited weapon if the Commissioner is satisfied about necessity for the production, fitness of the producer, safety of manufacture, safe use and secure storage (r 13(2)-(5)). That affects film, television and theatrical industries that use replica or real weapons on set.

Archers and crossbow participants: Schedule 1 item 7A makes crossbows a prohibited weapon unless an “exempt arbalest” regime applies. The Minister can designate exempt arbalests (r 14(6)) if the person was a member of Archery Australia (Inc.) before 1 July 2011 and possessed a crossbow for participation in crossbow events or competition before that date, and meets fitness and secure storage requirements. The exemption also allows persons to sell or supply crossbows to exempt arbalests. Archery participants and suppliers are directly affected if they wish to rely on historic possession exemptions.

Sporting associations and disabled-sport participants: Regulation 11 creates an exception for people who take part in exempt events organised by the WA Disabled Sports Association (Inc.) or its member clubs, allowing possession, carriage, purchase, manufacture and supply of blow pipes in that regulated sporting context. That affects both participants and organisers of such events.

Decision-makers and publishers: The Minister and the Commissioner of Police are primary decision-makers. The Regulations require Gazette publication for certain approvals (approved electric shock cases and approved baton types) and written notices for other exemptions (exempt collectors, exempt arbalests, and exemption notices for dramatic productions). The Gazette and written notice mechanisms are the operational instruments that determine who may lawfully act under the exceptions.

Indirectly affected parties: Retailers, importers, transporters, insurers and event organisers will be indirectly affected because classification affects supply chains, import controls and insurance underwriting. Media and props suppliers will face administrative compliance costs for productions that require exemption notices and safe-manufacture arrangements. Security and training providers must adapt course content and documentation to ensure only approved baton types and endorsed staff handle extendable batons under reg 8.

In short, the Regulations impose classification rules that determine the legal status of particular articles, and they allocate permissions and exceptions primarily by role, activity and administrative approval. Who pays and who decides is clear: regulated persons pay compliance costs (licensing, endorsement, secure storage, applying for approvals) and the Minister and Commissioner decide eligibility and approve or revoke privileges by published notice (regs 6, 8, 9, 13, 14).

The Regulations do not set out offence elements or penalties in full; they operate to classify weapons and to create duties, qualifications and limited rights that modify the application of the Act. Key duties and rights under these Regulations fall into definitional duties, duties to obtain and maintain approvals/endorsements, duties to ensure security and safe manufacture/disposal for exemptions, and limited defensive carriage rights.

Definitional duties and legal status: Users, sellers and importers must determine whether an article falls within the terms of the schedules and definitions. That requires applying the Regulations’ definitions in r 3 and the schedule descriptions. For example, an object that “has the appearance of being a firearm” and is not “clearly a toy” may be an “imitation firearm” (Sch 2 item 10). A spray weapon that discharges anything other than oleoresin capsicum is a prohibited “spray weapon” (Sch 1 item 15). The practical duty here is to classify the article before sale, carriage or manufacture to ensure compliance with the Act’s criminal prohibitions referenced in the Regulations (see r 4-5, Schs 1-3).

Duty to obtain approvals, licences and endorsements: Several permissions are conditional on licences, endorsements or ministerial/commissioner approvals. For extendable batons to be lawfully carried by a security officer, the person must hold a security officer’s licence issued for the purpose of section 16 of the Security and Related Activities (Control) Act 1996, the licence must be endorsed under s 26(3) of that Act to permit possession of a baton, and the baton must be of a type approved by the Commissioner and published in the Gazette (r 8(1)). Trainers providing approved baton courses or those undergoing the course must also operate within the approved types (r 8(1a)-(1b)). The duty rests on the security officer and the training provider to ensure licences, endorsements and approvals align.

Duties connected with exemptions: Exempt collectors, exempt arbalests and producers of dramatic productions are subject to duties tied to the grant of the exemption. The Minister’s power to designate an exempt collector is contingent on satisfaction that the person was a genuine collector before the relevant date, is fit and proper and that adequate security arrangements exist (r 9(4)). Once granted, the Minister may revoke with at least 30 days’ written notice (r 9(5)). Producers must apply in writing to the Commissioner, and the Commissioner’s grant requires satisfaction that the weapon is required only for the production, the producer is fit and proper, manufacture will be safe, use will be only for the production and in a safe manner, and adequate secure storage will be arranged; grant and revocation rules are stated in r 13(2)-(7). Those duties create ongoing compliance obligations for the exempt holder.

Security and safe manufacture/disposal duties: Where the Regulations allow otherwise-prohibited activity for specific purposes, they impose duties to keep items secure and to dispose of specified weapons in accordance with the exemption notice. Regulation 13(5) requires an exemption notice to specify lawful disposal procedures and requires that the specified weapon be lawfully disposed of after it ceases to be required for the production. Regulation 9 requires “adequate arrangements” to keep a collector’s collection secure (r 9(4)(c)). Regulation 14(6)(d) has a similar requirement for exempt arbalests. Those are substantive duties: failure to meet them may lead to revocation of the exemption and exposure to the Act’s offences.

Limited defensive possession rights: The Regulations create limited rights to carry specified items for lawful defence. Regulation 7 permits a person to carry or possess a capsicum spray weapon if carried for the purpose of lawful defence in circumstances the person reasonably apprehends may arise. Regulation 6 permits carrying an approved electric shock case for lawful defence if approved by the Minister and carried for a purpose of lawful defence where the person has reasonable grounds (r 6(1)-(2)). These are rights in the narrow sense: they do not confer a general right to use force, they hinge on “reasonable grounds to apprehend” and they apply only to specified items as approved or as capsicum.

Role-based immunities: Regulation 10 gives role-based exceptions from offences under s 6, 6A, 7 and 8 of the Act to prison officers and persons authorised under particular court security statutes when they are performing their functions. Regulation 12 provides the same excepting effect for certain interstate and federal police officers and certain cross-border police under the Cross-border Justice Act 2008 when performing their functions. Regulation 12A does the same for aviation and maritime security inspectors, with the maritime exception conditioned on written permission by the Secretary under the Commonwealth statute (r 12A(3)). The duty on those officials is to act only in performance of their functions to be covered by the exception.

Publication, notice and revocation duties: Approvals and exemptions are given by Gazette notices (for Minister and Commissioner approvals) or written notices (for exempt collector/arbalest and production exemptions) and may be revoked on written notice with at least 30 days’ lead time (regs 6(1)(b); 8; 9(5); 13(7); 14(7)). The administrative duty on the Minister and Commissioner is to publish or give written notice; the duty on regulated persons is to monitor those notices and any conditions attached.

Interaction with other statutory obligations: The Regulations repeatedly cross-reference other statutes (Security and Related Activities (Control) Act 1996, Prisons Act 1981, Court Security and Custodial Services Act 1999, Young Offenders Act 1994, Aviation Transport Security Act 2004 and Maritime Transport and Offshore Facilities Security Act 2003). Rights under these Regulations for some roles are conditional on compliance with duties and endorsements in those other statutes (for example licence endorsement under s 26 of the Security and Related Activities (Control) Act 1996 for baton carriage, r 8). Practitioners must treat those external requirements as concurrent duties.

In summary, the Regulations create duties of classification, licensing/endorsement, secure storage and safe manufacture/disposal attendant to exemptions. Rights are narrow and conditional: defensive carriage rights for capsicum and approved electric shock cases depend on “reasonable grounds”, and role-based exceptions apply only when acting in performance of official functions. Decision-makers (Minister; Commissioner) publish approvals and may revoke with set notice periods, producing an administrative compliance architecture for affected persons.

The Weapons Regulations 1999 are primarily classificatory and permissive instruments; they do not themselves set out the primary criminal penalties for unlawful conduct. Instead, the Regulations operate in conjunction with the Weapons Act 1999, and they repeatedly reference Act provisions that create the core offences (for example, regs 4, 5, 5A link to Act s 3 and s 3A; regs 6-14 repeatedly refer to Act ss 5A(2), 6, 6A, 7, 8, 10(3)). Therefore, enforcement and penalties for non-compliance with the prohibitions and restrictions are those in the Act, not the Regulations. The Regulations affect enforcement primarily by:

• Identifying which articles are captured by the Act’s offence provisions: the schedules list prohibited, controlled and edged weapons (r 4-5A; Schs 1-3). The Act’s offence provisions therefore apply to those items; the penalties and enforcement mechanisms for contravening the Act are triggered where the Regulations classify an item as prohibited or controlled.

• Creating exceptions and authorisations that narrow criminal exposure: the Regulations prescribe circumstances in which otherwise-prohibited conduct will not be an offence (for example, prison officers, custodial officers, authorised police and inspectors, exempt collectors, producers with exemption notices, security officers with endorsements, and particular sporting participants) (regs 9-14). Enforcement agencies must therefore check for relevant approvals, licences and endorsement evidence before charging or seizing.

• Delegating administrative discretion to the Minister and the Commissioner: many permissions require ministerial or commissioner approval via Gazette or written notice (regs 6, 8, 9, 13, 14). Enforcement includes administrative decision-making about granting or revoking those permissions. The Regulations set procedural constraints on revocation , a revocation notice must specify a day not less than 30 days after the notice is given (regs 9(5), 13(7), 14(7)). That imposes an administrative enforcement tempo.

• Requiring compliance conditions as a basis for exemptions: after issuing an exemption for collectors or productions, the Minister or Commissioner may revoke the exemption if no longer satisfied about fitness, security or safe manufacture/use (regs 9(5), 13(7)). Enforcement therefore has an administrative pathway that can convert a lawful possession into an offence on revocation.

Operationally, the Regulations create visible enforcement signals: Gazette orders and written notices that name approved items or designated exempt persons. Regulators and enforcement officers will rely on Garda-style verification of those public records.

What the Regulations do not do as to penalties: they do not state fines, imprisonment terms or enforcement procedures such as seizure powers. They also do not define enforcement agency responsibilities beyond the Minister and Commissioner’s powers to publish approvals, grant or revoke exemptions. For substantive penalties, one must consult the Weapons Act 1999 and any ancillary enforcement statutes. The Regulations’ role is to determine what conduct is in scope of the Act and to set exceptions and administrative mechanics that enforcement officers must observe.

Enforcement burden and risk: Because the Regulations delegate significant discretion to the Minister and the Commissioner (Gazette notices, written notices, endorsement processes for licences), enforcement practice will require police and regulatory officers to check multiple public registers and to assess whether a person falls within a prescribed exception. That creates operational work for enforcement agencies and for regulated persons who must retain evidence of endorsements, membership or exemption notices. Failure to maintain or produce such documentation will expose the person to the Act’s penalties even if they previously held an exemption that has since lapsed.

Revocation and transition: Where the Minister or Commissioner revokes an exemption, the regulation requires a minimum notice period of 30 days (regs 9(5), 13(7), 14(7)). Enforcement may therefore be deferred for the notice period, but after that day enforcement may proceed. Practitioners should note the administrative nature of that transition: revocation does not automatically validate possession after the notice date.

Inter-agency enforcement: The Regulations expressly except federal and interstate police and cross-border police when performing functions (r 12), and except aviation and maritime security inspectors (r 12A) for functions performed under their Commonwealth Acts. That means enforcement by state police must observe those role-based immunities where applicable and may involve inter-agency communication to verify function or permission.

In short, penalties come from the Act; the Regulations determine who is in scope, who has an exception, and the administrative process to obtain and lose exemptions. Enforcement will therefore focus on classification checks, verification of Gazette or written notices, and confirmation of endorsement or licence status where the Regulations create conditional rights.

The Regulations are constructed to operate as subsidiary instruments to the Weapons Act 1999 and to interact with several other Western Australian and Commonwealth statutes. They do so by referencing statutory definitions and administrative powers in those other Acts and by conditioning certain permissions on compliance with provisions of those Acts. The Regulations should be read alongside the Weapons Act and the other referenced statutes to determine the full legal effect.

Primary interaction with the Weapons Act 1999: The Regulations expressly implement and give effect to parts of the Weapons Act. They prescribe “prohibited weapons” and “controlled weapons” for the Act’s definitions (r 4-5), and they prescribe “edged weapons” for the purposes of the Act’s s 3A edged-weapon definition (r 5A). The Regulations also implement s 5A(2) of the Act by prescribing approved electric shock cases and by specifying the circumstances in which a person may carry such cases for lawful defence (r 6). The Regulations repeatedly refer to offences in the Act (for example s 6, 6A, 7 and 8 in regs 10-12A); their role is to define scope and exceptions but not to set the offence elements and maximum penalties, which remain in the Act.

Security and Related Activities (Control) Act 1996: Regulation 8 incorporates the licensing and endorsement regime of the Security and Related Activities (Control) Act 1996. Extendable baton carriage by security officers is lawful only when the security officer holds a licence under s 16 of that Act, the licence is endorsed under s 26(3) to permit possession of a baton, and the baton type is approved by the Commissioner and published in the Gazette under s 26(2)(b) of the Security Act (r 8(1)). Trainers and trainees are similarly regulated (r 8(1a)-(1b)). Practically, this makes lawful baton carriage contingent on satisfying a distinct licensing and endorsement framework in a separate statute.

Prisons Act 1981 and Court Security and Custodial Services Act 1999: Regulation 10 provides that prison officers (as defined in the Prisons Act 1981) and persons authorised under specific divisions and Schedules of the Court Security and Custodial Services Act 1999 do not commit offences under the Weapons Act for things done in performance of their functions. That interaction creates role-based exceptions that protect certain correctional and court security functions from criminal liability under the Weapons Act.

Young Offenders Act 1994: Regulation 10A uses the Young Offenders Act 1994’s definition of “custodial officer” and excepts them from s 7(1) and s 7(2) of the Weapons Act in relation to capsicum spray weapons when acting in the performance of their functions (r 10A). This cross-reference limits or expands the scope of legal carriage for a specific role based on another statute’s definition.

Cross-border Justice Act 2008: Regulation 12 includes as an excepted class police officers of this State, South Australia and the Northern Territory acting under the Cross‑border Justice Act 2008 s 7(1), and it also includes Australian Federal Police and interstate police. That gives statutory recognition to cross-border law enforcement operations.

Commonwealth aviation and maritime security legislation: Regulation 12A defines aviation and maritime security inspectors by reference to Commonwealth Acts (Aviation Transport Security Act 2004 s 9; Maritime Transport and Offshore Facilities Security Act 2003 s 10) and excepts them from s 6, 6A, 7 and 8 of the Weapons Act when performing their functions (r 12A(2)). The maritime exception is further conditioned on written permission by the Secretary under the Commonwealth maritime Act (r 12A(3)). This integration recognises Commonwealth inspectors’ specialised functions and their interaction with state weapons law.

Other statutory interactions: The Regulations also require approvals and notices to be published in the Gazette (for example Minister’s approval of electric shock cases r 6(1)(b); Commissioner’s approval of baton types r 8). They therefore interact with the government’s publication regime and statutory instruments practice.

Administrative law implications: Because key permissions (exempt collector designation, production exemption notices, approval of approved electric shock cases and baton types) are administrative acts (written notices, Gazette orders) made by the Minister or the Commissioner, these decisions will (subject to statutory immunities and procedural constraints) be reviewable under administrative law principles. The Regulations specify minimum procedural constraints for revocation (30 days’ notice in several places), but they do not specify detailed decision-making criteria beyond the statutory satisfaction tests (for example fit and proper, adequate security arrangements).

Practical cross-licensing requirements: Practitioners must therefore check at least three sources to determine lawful possession or use: (1) the Weapons Act 1999 for offence elements and penalties; (2) these Regulations for classification, exceptions and definitions; and (3) any other referenced statute where a licence, endorsement or role-defining condition is required (Security and Related Activities (Control) Act 1996, Prisons Act 1981, Court Security and Custodial Services Act 1999, Young Offenders Act 1994). The Regulations make compliance an interlocking multi-statute exercise.

In summary, these Regulations intentionally interlock with other state and Commonwealth statutes: they operationalise the Weapons Act’s classifications and exceptions and make some permissions conditional on approvals under separate licensing statutes or Commonwealth Acts. The practical implication is that permissions and exemptions are cross-cutting and require attention to several legislative frameworks.

The Regulations have been amended repeatedly since their initial publication in 1999. The compilation table at the end of the instrument gives dates and amending instruments. Below are the concrete amendment milestones recorded in the Regulations’ compilation table and marginal notes, presented in chronological order and with the substantive changes that the Regulations themselves note.

Initial enactment and early amendments:

• Weapons Regulations 1999 (Gazette 31 Aug 1999, came into operation 1 Sep 1999) , initial regulation and schedules (r 1-3, Schs 1-2).
• Weapons Amendment Regulations 2000 series: amendments published 29 Feb 2000 (commenced 1 Mar 2000), 10 Mar 2000, 9 Jun 2000, 28 Jul 2000. These early amendments inserted reg 8 (prescribed circumstances for extendable batons) and reg 9 (exempt collectors), and reg 10 (prison officers and others) (see marginal notes to regs 8-10), among other administrative updates.

2004-2012 amendments:

• Weapons Amendment Regulations 2004 (1 Oct 2004).
• Weapons Amendment Regulations (No. 2) 2006 (12 Sep 2006).
• Weapons Amendment Regulations 2007 (11-12 Sep 2007).
• Weapons Amendment Regulations 2008 (29 Feb-1 Mar 2008) including insertion of reg 11 (blow pipe exemptions for WA Disabled Sports Association) (Gazette 29 Feb 2008 p. 693).
• Weapons Amendment Regulations (No. 2) 2008 (11 Apr 2008).
• Weapons Amendment Regulations 2010 (12-13 Mar 2010) added reg 12 (federal and interstate police exceptions).
• Weapons Amendment Regulations 2011 (8 Apr-1 Jul 2011) and Weapons Amendment Regulations (No. 2) 2011 (16-17 Sep 2011) inserted or updated entries including crossbow-related exemptions (Sch 1 item 7A), and changed relevant dates in the exemptions (reg 9(6), reg 14(6)).
• Weapons Amendment Regulations 2012 (13-14 Mar 2012).

2016, 2019 and 2021:

• Police Regulations Amendment (Captive Bolt Guns) Regulations 2016, Pt. 3 (29 Nov 2016) added or adjusted captive bolt gun entries (Sch 2 item 4).
• Weapons Amendment Regulations 2019 (22-23 Oct 2019) inserted reg 12A (aviation and maritime security inspectors exceptions) (Gazette 22 Oct 2019 p. 3719).
• Weapons Amendment Regulations 2021 (2-3 Jul 2021) made further list and definitional amendments (SL 2021/120).

Recent 2024-2025 amendments:

• Weapons Amendment Regulations 2024 (SL 2024/267) (11-12 Dec 2024) included amendments to regulation 3 definitions (marginal note indicates amendments r 3 amended: SL 2024/267 r. 4) and amendments to schedules (Sch 1, Sch 2).
• Police Regulations Amendment (Edged Weapons and Move On Orders) Regulations 2024 (SL 2024/282) (18-20 Dec 2024) inserted regulation 5A (edged weapons prescribed, Sch 3) and many consequential amendments (reg 5A inserted; reg 6, reg 7, reg 10 amended; Schs 1-3 updated). Schedule 3 (edged weapons) was inserted by SL 2024/282 r 15 (Sch 3).
• Police Regulations Amendment (Firearms) Regulations 2024 (SL 2024/296) (21 Dec 2024) contains amendments that commence on 31 Mar 2025 (see SL 2024/289 cl. 2). The compilation table notes SL 2024/296 Pt. 3 with later commencement.

Schedule amendments: The schedules show specific amendments across years: Schedule 1 entries were amended in 2007, 2011, 2021 and 2024 (marginal note: Sch 1 amended multiple times, and recent SL 2024/267 and SL 2024/282 r. 13; SL 2024/296 r. 17). Schedule 2 was amended in 2004, 2008, 2011, 2016 and 2024 (marginal note: Sch 2 amended; SL 2024/267 r. 8; SL 2024/282 r. 14). Schedule 3 was newly inserted in 2024 (SL 2024/282 r. 15).

Deleted items: The schedules show several historical deletions and renumberings (for example items marked “[deleted]” in Sch 1 and Sch 2). The Regulations’ marginal notes identify the amending instruments that effected those deletions.

Key content changes by subject matter:

• Edged weapons: Schedule 3, defining “edged weapon” items (dagger, halberd, sword, throwing blade, throwing star, hand/foot claws), was added by the 2024 Police Regulations Amendment (Edged Weapons and Move On Orders) Regulations (SL 2024/282). This is a material addition to how edged weapons are defined under the Act (r 5A).
• Capsicum and electric shock devices: The Regulations add controlled status for capsicum spray weapons (Sch 2 item 3A) and controlled/approved status for electric shock cases (Sch 2 item 1) while retaining prohibitions on other electric shock weapons and non-capsicum spray weapons (Sch 1 items 8 and 15). The 2024 instruments amended the definitional reg 3 and created or amended the defence-carry permissions (regs 6-7).
• New role-based exceptions: The 2019 and 2024 amendments added exceptions for aviation and maritime security inspectors (r 12A) and expanded custodial allowances for capsicum spray weapons (r 10A inserted SL 2024/267 r 6).

Administrative change features: Many amendments use Gazette notice mechanisms and written notice authorisations, and the Regulations retain the procedural structure allowing the Minister and Commissioner to make and revoke exemptions subject to notice periods (30 days minimum where specified) (regs 9(5), 13(7), 14(7)).

Compilation table: The instrument’s compilation table at the end lists every amending instrument and the dates of publication and commencement that apply to specific parts of the Regulations. That table is the authoritative record for when each amendment took legal effect.

In practice, the amendment history shows a pattern of incremental updating: new items added to schedules (e.g. gel blasters and airsoft gun entries), new role-based exemptions or inclusions (aviation/maritime inspectors, custodial officers), and an expansion of definitional coverage (the 2024 edged weapons schedule). Practitioners should consult the compilation table and the Gazette notices referenced in the Regulations to identify the precise commencement dates and to trace the content changes for specific schedule items.

The text of the Weapons Regulations 1999 as provided contains no reported litigation history, no case citations and no judicial decisions. The Regulations themselves reference only administrative acts and statutory powers; they do not include any annotated case notes or judicial interpretations.

Consequently, there is no litigation history recorded within this instrument to illuminate how courts have interpreted particular schedule entries, the definitional phrases in regulation 3, or the statutory tests such as “fit and proper” or “reasonable grounds to apprehend” as used in regs 6-7 and regs 9, 13 and 14. Any judicial treatment of the Act’s offence provisions, or of these Regulations’ exceptions and administrative decisions (for example judicial review of a ministerial or commissioner decision to grant or revoke an exemption), would need to be identified by researching case law databases and unreported decisions outside the text provided.

Practitioners requiring precedent on interpretation or enforcement outcomes will need to search relevant Western Australian decisions, High Court or Federal Court decisions, and any administrative law reviews concerning ministerial or Commissioner notices under these Regulations. The Regulations’ administrative discretion provisions (granting or revoking exemptions, assessing “fit and proper”, requiring “adequate arrangements” for security) are the kinds of executive decisions that could be subject to judicial review on traditional grounds such as legality, rationality or procedural fairness, but no such litigation is provided or summarised in the instrument itself.

Therefore, within the materials provided there are no named cases, reported appeals, or judicial constructions to cite. Any analysis of litigation risk or precedent must be supplemented by external case-law research.

The Regulations contain several features that create traps for the unwary. Below are concrete points to watch, grounded in the text.

1. Classification by description, not only name: The schedules often use functional descriptions as the decisive test. For example, an “airsoft gun” is defined by appearance and by the projectile it discharges (Sch 1 item 1A). A “missile” definition in r 3 is broad, covering items such as knives or knives modified to be discharged. This means that small technical modifications to an item may bring it within a schedule entry. Sellers and owners who rely on superficial appearance risk misclassification if the function or modification changes the item’s legal status.

2. Capsicum vs other spray weapons: The schedules draw a precise line. “Capsicum spray weapon” is a controlled weapon (Sch 2 item 3A) and the Regulations permit people to carry or possess capsicum spray weapons for lawful defence if they have reasonable grounds (r 7). But “spray weapon (other than a capsicum spray weapon)” is a prohibited weapon (Sch 1 item 15). That means a product containing a non-oleoresin capsicum incapacitant will be prohibited, while capsicum-containing sprays are controlled but not categorically banned. Practically, this distinction matters for importers, manufacturers and retailers: labelling and chemical composition determine legal status.

3. “Approved electric shock case” vs “electric shock weapon”: The Regulations split electric shock devices. An “electric shock weapon” is prohibited (Sch 1 item 8), but an “approved electric shock case” is a controlled weapon when approved by the Minister (Sch 2 item 1). The Minister approves the standard or type by notice in the Gazette (r 6(1)(b)). A briefcase/suitcase modified to discharge electric current for theft deterrence may be permitted if the Minister publishes it as approved; otherwise it is a prohibited item. Sellers of “shock” briefcases must check the Gazette for Ministerial approval before relying on a defence to a prohibition.

4. Defensive possession is conditional and narrowly framed: Both regs 6(2) and 7 permit carrying for lawful defence where the person has “reasonable grounds to apprehend” the circumstances. These are possession permissions, not blanket rights to use force. The reasonableness test is objective; no statutory safe harbour is provided beyond the wording. Practitioners should note that the Regulations do not remove other criminal-law or tort obligations related to use of force (the Act’s s 5A is referenced but not reproduced here).

5. Endorsement and approval traps for security personnel: Extendable batons may be carried only in very specific conditions: a security officer must have a licence and a specific endorsement under the Security and Related Activities (Control) Act 1996, and the baton must be of a type specifically approved by the Commissioner and published in the Gazette (r 8(1)). Trainers and trainees are similarly constrained (r 8(1a)-(1b)). The interplay with a separate licensing Act means errors in endorsement or baton type approval will remove the exception and expose the person to the Act’s offences.

6. Time-based historic exemptions: Exempt collectors and exempt arbalests require historic possession or membership on or before a relevant date (reg 9(6) defines “relevant date” for certain items; reg 14(6)(a)-(b) requires Archery Australia membership and possession “on or before 1 July 2011” for exempt arbalests). Those temporal locks mean that post‑cut‑off acquisitions cannot rely on the historic-exemption route. Ownership that began before the relevant date is a precondition, and the Minister must be satisfied about it.

7. Narrow sporting or association-based exemptions: Regulation 11 allows possession of blow pipes only in the context of “exempt events” organised and supervised by the WA Disabled Sports Association (Inc.) or its member clubs, and members of those clubs have particular rights as organisers and participants. That means a blow pipe used in a different club, private setting or commercial event is not covered by the exemption.

8. Production exemptions require multiple satisfactions: For producers to get an exemption notice the Commissioner must be satisfied of several elements (necessity for the production and no other purpose, fit and proper producer, safe manufacture, safe manner of use, secure arrangements when not used) and the exemption notice must specify lawful disposal arrangements (r 13(3)-(6)). Failure to follow the disposal or storage procedure specified in the notice will remove legal cover and could result in an offence.

9. Publication dependency: Many approvals and approvals-of-type are made by Gazette notice (r 6(1)(b) Minister approval of electric shock cases; r 8 reliance on Commissioner’s Gazette order for baton types). Regulated persons must monitor the Gazette for approvals and amendments; relying on an oral approval or internal memo without Gazette publication risks non-compliance.

10. Revocation and notice mechanics: The Minister or Commissioner may revoke exemptions if no longer satisfied about the conditions; revocation takes effect on a day the notice specifies, being at least 30 days after the notice is given (regs 9(5), 13(7), 14(7)). Practically, regulated persons need to track the revocation timeline and plan disposal or reclassification accordingly.

11. Overlap with Commonwealth and interstate law: The Regulations except certain Commonwealth inspectors and interstate police when performing functions. That means an enforcement officer must identify the individual’s role and function before seizing or charging; misapplying the exception could lead to cross-agency disputes. The Maritime exception is further limited to functions permitted in writing by the Secretary under the Commonwealth maritime Act (r 12A(3)).

12. Edged weapons list is new and specific: Schedule 3 (inserted in 2024) specifically lists edged-weapons by name (dagger, halberd, hand/foot claws, sword, throwing blade, throwing star). Practitioners must check whether an edged item falls into the newly inserted schedule and adjust compliance and stock accordingly. The edged weapons schedule is a legal test point for any conduct that hinges on the Act’s edged-weapon definition.

13. “Injure or disable” excludes medical treatment: Regulation 3 explicitly states that “injure or disable does not include administer, in good faith and with reasonable care and skill, surgical or medical treatment.” That can matter where an implement might be used in medical settings; because the definition is narrow, medical use should not be criminalised under the Act’s “injure or disable” language.

14. Ambiguity on “toy” and imitation firearms: Sch 2 item 10 characterises imitation firearms as articles that “have the appearance of being a firearm” but are “not being an article that is clearly a toy.” So whether a replica is “clearly a toy” may determine whether it is a controlled imitation firearm or falls into a different category. Retailers should be cautious about marketing and labelling.

15. Multiple, overlapping categories: Some items are treated differently depending on detail: electric-shock briefcases (controlled if approved) vs electric shock weapons (prohibited) (Schs 1,2); capsicum vs other spray weapons (Schs 1,2). That makes packaging, product descriptions and technical design crucial to legal classification.

Each of the above “gotchas” arises directly from the text of the Regulations (r 3; r 4-8; regs 9-14; Schs 1-3). Practitioners should treat classification, approval publication, endorsement and historic possession rules as the main operational compliance hazards.

Compliance under these Regulations requires a two-track approach: (A) correctly classify an article against the schedules and definitions; and (B) where an exception or permission is desired, secure the required administrative approvals, licences or endorsements and meet the security, safety and documentary conditions set by the Regulations.

A. Classify before you act

1. Read and apply definitions: Use regulation 3 to test whether an item falls within a schedule description. Key definitions: “baton”, “capsicum spray weapon”, “approved electric shock case”, “catapult”, “missile”, “spray weapon”, and “injure or disable” (r 3). Check that the article matches the functional description in the applicable schedule item (Sch 1, Sch 2 or Sch 3).

2. Check the appropriate schedule: If the article is listed by name, treat it as falling within that schedule unless there is a reasoned argument to the contrary (for example a distinguishing factual feature that removes it from the schedule’s description). Note that Schedule 3 (edged weapons) was inserted in 2024 (r 5A; SL 2024/282).

3. Consider borderline or modified items: When an item is modified to discharge a missile or to perform an injurious function (see “missile” in r 3), the modification may change its classification. Manufacturers and retailers must test modifications and chemical composition (capsicum vs other substances) against the schedule language.

B. Obtain licences, approvals and endorsements where required

1. Security officers and extendable batons: If you are a security officer, ensure you hold a security officer’s licence issued under s 16 of the Security and Related Activities (Control) Act 1996 and that your licence is endorsed under s 26(3) to permit possession of a baton (r 8(1)). Only carry extendable batons of types approved by the Commissioner and published in the Gazette (r 8(1)). Trainers and training providers must ensure they and their supplied weapons are approved and stored as specified in r 8(1a)-(1b).

2. Approved electric shock cases: If you wish to rely on the regulated permitted class of electric shock cases, check the Gazette for a Minister’s approval notice specifying the approved types and standards (r 6(1)(b)). Only carry an approved electric shock case for lawful defence where you have reasonable grounds to apprehend the circumstances (r 6(2)).

3. Capsicum spray weapons: If carrying capsicum spray for defence, ensure the product is oleoresin capsicum and note that the Regulations permit possession for lawful defence where you have reasonable grounds (r 7). Retailers should ensure chemical composition is accurately described and that purchasers are advised of applicable legal limitations.

4. Exempt collectors and arbalests: Collectors seeking exemption must apply to the Minister (or satisfy the Minister) that they were genuine collectors before the relevant date, are fit and proper, and have adequate secure storage (r 9(4)-(6)). Archers seeking exempt arbalest status must satisfy the Minister about Archery Australia membership and possession on or before 1 July 2011 and secure storage (r 14(6)). Maintain documentation proving historic possession, membership and storage arrangements.

5. Dramatic productions: Producers must apply in writing to the Commissioner of Police for an exemption notice (r 13(2)). Prepare evidence that the weapon is needed only for the production, that you are fit and proper, that manufacturing will be safe, that use will be confined to the production and used safely, and that secure storage arrangements exist (r 13(3)). The Commissioner’s exemption notice must specify lawful disposal procedures; comply with those disposal requirements when the production ceases to require the weapon (r 13(5)-(6)).

6. Aviation and maritime inspectors and police: If you are a Commonwealth aviation or maritime security inspector, or an interstate/federal police officer, ensure your role and function are documented if you rely on the reg 12/reg 12A exceptions (r 12-12A). For maritime inspectors, ensure written permission by the Secretary under the Commonwealth maritime Act is held where required (r 12A(3)).

C. Security, manufacture and disposal duties

1. Secure storage: Where an exemption is granted (collector, arbalest, production), the grant condition commonly includes “adequate arrangements exist to keep the collection secure” or equivalent language (r 9(4)(c); r 14(6)(d); r 13(3)(e)). Maintain a documented security plan and physical measures (secure storage facility, controlled access logs) to evidence compliance.

2. Safe manufacture and use: For weapons to be manufactured for productions, keep records and evidence that manufacture complies with safety standards and that use is confined to production and undertaken safely (r 13(3)(c)-(d)). Ensure props are marked or catalogued and disposed of as the exemption notice prescribes (r 13(5)-(6)).

D. Documentation, monitoring and publication

1. Monitor Gazette notices and written notices: Many approvals require Gazette publication (approved electric shock cases, approved baton types) (r 6(1)(b); r 8). Keep a process for monitoring the Gazette and maintaining copies of relevant notices. For written exemptions, retain the Minister’s or Commissioner’s written notice and any conditions.

2. Keep licences and endorsements current: Security officers must hold current licences and endorsements under the Security and Related Activities (Control) Act 1996 (r 8). If those licences or endorsements lapse, the reg 8 exception will not apply.

3. Plan for revocation: Each administrative exemption can be revoked; regs 9(5), 13(7) and 14(7) require the Minister or Commissioner to give not less than 30 days’ notice of cessation. Have contingency plans to lawfully dispose of or reclassify items if revocation occurs.

E. Commercial and product compliance

1. Product descriptions and labelling: For retailers and importers, ensure product labelling and technical descriptions reflect whether a product is capsicum-based, or whether it discharges a gel, BB pellet, or other projectile described in the schedules (airsoft, gel blaster, spud gun). Mislabelling can change a product’s legal status and expose suppliers.

2. Toys, imitation firearms and marketing: For imitation firearms, confirm whether an item is “clearly a toy” or not; if it has the appearance of being a firearm and is not clearly a toy, it may be a controlled imitation firearm (Sch 2 item 10). Marketing and packaging that emphasise realistic appearance may alter legal classification.

F. Administrative review and legal advice

1. Seek the relevant written approval where necessary: When in doubt about whether an activity or possession will be lawful, apply for the relevant exemption or approval (Ministerial or Commissioner’s notice) so that the risk of enforcement action is reduced. For producers and collectors, an exemption notice is a safe route.

2. Legal and administrative review avenues: Administrative decisions (granting or revoking exemptions or approvals) are discretionary; retain records of applications and decisions in case of administrative review or challenge.

G. Practical checklist for common scenarios

• Retailer of pepper spray: verify chemical composition (oleoresin capsicum); ensure sale policies and purchaser information align with reg 7; check for any licensing obligations under the Act.
• Security firm providing batons: ensure each officer has a security licence and endorsement under the Security and Related Activities (Control) Act 1996; procure only baton types published by the Commissioner’s Gazette order (r 8).
• Film prop supplier: obtain Commissioner’s exemption notice; document safe manufacture, storage and disposal arrangements required by the notice (r 13).
• Collector of historic crossbows: confirm pre-1 July 2011 possession/membership; apply for Ministerial designation as an exempt arbalest and maintain secure storage (r 14).
• Seller of gel blasters or airsoft: recognise that Sch 1 lists these as prohibited (Sch 1 items 1A; 11B); unless an exemption applies, sale and supply will likely be in breach.

Complying with the Regulations is a combination of accurate technical classification, securing the correct statutory approvals and endorsements, documenting security and disposal arrangements, monitoring Gazette and written notices, and maintaining the relevant licences and records. Where regulatory discretion is involved, practitioners should obtain and retain written approvals rather than rely on informal assurances.