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©State of Queensland
B I AUTHOR1 I Y
S. R. HAMPSOh, GOVERNMEbT PRlN [ER, QUEE,hSLkNR-1988
Collective title conferred by Act s f 1984, No. 39, s. 1 (3).
ay 1980 (Proc.
PART II-LICENCES
01 Club Shooter’s Licence;
Division 8-Restricfed ~ ~ r e u r ~ ~ i ~ ~ ~ c ~ ~
~ i v ~ s i o n ~ - ~ i r e a r ~ Lieen
PART ~~~~~~
PART VIP-OFFENCES;
PART PART
SCHEDULES.
ails. The ~ c t s
as and to the extent indicate^ therein*
Act shall ~ontinue in force and effect and shall, so far as is this Act, be deemed to been o ~ ~ n a t e d the p u ~ o s e s of this il it expires by
e or is cancelled, suspended, surrendered or
(b)
every person who, imme~ately prior to the commencement dealer under and subject t o otherwise dealt with under this Act;of this Act was the holder of a ~ ~of ~ ~ t e dealer issued to him under Firearm
shall be deemed to b sions of this
member of the armed forces of the ~ o ~ m o n w e a l t h , y g o v e r ~ e n t w ~ c h is allied or associated with Her ty’s f o r ~ s , or of the police force (including a person appointed a special constable pursuant to The Police Act of 1937) or prison the ~ o m ~ o n w e a l t h , this State or any other State or of the ~ o m ~ o ~ w e a l t h , in respect of his possession perform an^ of his duty as such member of any firearm, conversion unit, ammunition, dangerous article, or protective body vest or handcuffs or other similar restr~ints of a type approved for use by m e ~ b e r s of the police force or any other law enforcement agency or security service in Queensland provided for the use of such forces, service or person or used or carried or acquired in the performance of his duty as such ember;
(b) whilst actually engaged in the ~ a n u f a c t u ~ , assembly of handling of any firearms, conversion units, ammunition or dan~rous articles for or on behalf of the ~ o v e ~ e n t of the
~ommonwealth or any State or territory of the ~ o m m o n w e a l ~ ; (c) whilst engaged in scientific OT experimental work with any
nition or dangerous article granted by the Mini
s and conditions imposed tion of Act.
This
Act does not apply to any person-authority ;
(d) being over the age of 14 years and a member of a rifle or gun club in respect of his possession of a firearm (other than a concealable firearm, restricted firearm, machine gun or sub- machine gun) or ammunition whilst-
(i) under the supervision of and in the presence of
a
club cap or range officer; and(ii) a c t u ~ ~ y engaged as a m with target shooting:
rovided that an autho
such club in OE i r has given approv persons of the age of that person to be members of that club;
being over the age of 12 years and it member of an A u s ~ r a ~ ~ det Corps pursuant to the
respect of his posses
c rearm
or r ~ t ~ c t e dision of and in the p ~ e s e n ~ of a drill instructor; and
(ii)actually engaged as a member of such CO
connexion with target s h o o t ~ g , $rill or o ~ a s i o n s ;
(0
being an employ^ of and at a ~ u s e u m under the ~ o n ~ o l of the ~ o v e ~ m e n t of the ~ommonwealth or of this State in respect of a firearm, conversion unit, ammunition, dangerous article or protective body vest held at the museum, whilst actually engaged in the p e r f o ~ a n c e of his duty at the m u ~ u ~ ;ointed p u ~ u a n t to The ~ o Z ~ c e Act of 1 9 ~ 7 by the member of the police force, t actually ~ n ~ e r ~ o i n g supervised t r ~ in the use of firearms; ~ n ~
(h)
being over the age of 18 years, is the owner, lessee, hirer or licensee of any boat, ship or aircraft in respect of his possession on board or in connexion with, such boat, ship or aircraft of a recognized safety device, signalling a p p ~ a t u s or amommissioner to ~ n t e ~ into tr for appointment as
(i) to ~ h o m an authorized oficer in writing has gran exemption from the application of those provisions
Act specified therein (such authorized officer being hereb authorized so to do) in respect of the a p p ~ ~ a t i o ~ of
tho
~rovisions; or
u)to ~ h the Q ~ OE in unci^ has by Order i Council granted an exemption from the application of those provisions of this Act specified therein (the Governor in Council being hereby authorized so to do) in respect of the appgeation of those provisions.
As amended bv Act of 1984, No, 39, s, 2.
s . 7 FIREARMS AND OFFBNSIW WEAPONS ACT 1979-1984
(1)
In
this Act, unless the contrary intention6 U ammunition ” includes anything manufactured and any
ponent which is or which may be made, designed or intended to discharge from a firearm and includes a grenade, bomb, other missile or part thereof which. may be discharged or projected by or with a firearm: The term also includes any blank c e, primer or cap designed for firing in a b l a ~ k fire fir
‘‘
antique concealable firearm’’
includes- (a) a con~ea~able firearm desifiring by flint ;
(b) a conce~able f i r ~ ~ m in respect of which ~ m u ~ t i o n is not commercially available and has been approved by an authorized officer as being an antique concealable firearm;
’‘
approved pistol club ” means a club or orga~zation approved pwsuant to Part 111 as a pistol club;‘‘
arrest ” when used with ~ f e r e n c e to persons means arrest w i ~ o ~ t any warrant other than this Act and the taking of such person to a police establish.ment, there to be detained (unless he is released upon recognizance) until he can be brought before a court to be dealt with according to law;“ attendance card ” ndance card of a member of an approved pistol
‘‘
~ ~ t h o r i z e d officer ” means the member of the police force for the time being appointed by the Commissioner as an authorized officer pursuant to s e ~ ~ o n 8: The term includes thed for ~ u loadin ~ e
able ea^ ” includes a c o ~ ~ a l a b l e that is capable of firing blank cartridges;
‘‘
chief range officer ” in relation to an approved pistol club means the person for the time being appointed as such by the governing body of that club;~ ~ s s i o n e r ” means the Commissioner of Police ~ t ~ n the meaning of The PoZice Act of 1937, and includes any
person who for the time being occupies the office or p e r f o ~ s the duties of the Commissioner;
*‘
c~ m mis s io n e~ officer ” means the ~ o ~ m i s s i o ~ e r , the Deputy Comm~ssioner and every Assist ant Com~ssioner, su~erjntendent (including Chief Superintendent), inspector, p ~ n c i p a l technical officer and p r i n c i p ~ scientific officer appointed as such by the Governor in Council pursuant t o The Police Act of 1937;‘‘
concealable firearm ” includes any firearm designed, adapted or modified so as to be reasonably capable of being fired from the one hand: The term includes-(a) any firearm which is less than 75 centimetres in overdl length ;
capable of causing any bodily harm;
cted so that whilst the may be ~ e l e ~ s ~ ~ by that
or other cutting or
~~) a device commonly known consisting of a container o and which device is e whether that means of
other device, a fuse or a chemical substance;
with a ~ e a n s of i ~ ~ i t i o n , is a wick, an explosive or (i) my explosive device known as or similar to a bomb
losive3 Act 1952-1978, or containing any corrosive, noxious, irritant or chemical
any d a ~ a g ~ or injury to p
~ ~harm; ~ i ~ y
62
FIREARMS AND OFFENSIVE WEAPONS ACT 1979-1984 6
device, c ~ n ~ or t converted, c o n t ~ ~ n i n ~ ~ ~ t ~ ~ any
ssive, INX+L~QUS or irritant c ~ e ~ ~ a l , or other ~ a n g ~ ~ Q ~ s or explosive s u ~ s t a n ~ ~ c ~ ~ ~ ~ l e of causing damage or
n 01- other ~ ~ ~ p s ~ -
(i) that is ~ p a ~ l ~ of ~ ~ o p e ~ ~ n ~ ia ~ r ~ j e c ~ ~ ~ explosive ;
X AND OFFENSIVE W ~ A ~ O N S ACT 1979-1984 7 7
(i) a power head or similar device designed 01 i n t ~ ~ ~ e d for use in, ~ h r o ~ g ~ or under water,
a trigger or other simil
for use in, through or under water;
''
weapon''
includes any thing which though not ~ r d ~ n a r i ~ y regarded as a weapon is used offensively against any person.son of any ~ a c i ~ t y m
~~~s~~~ and with the
As amended by Act of 1984, No. 39, s. 3.
FIREARMS AND OFFENSIVE WEAPONS ACT 1979-1984 12, 13 f
(b} require, at any time prior to the termination of the appliGatio the f ~ n i s h i ~ g by the applicant of any i n ~ o r ~ a t i o n , further information, authority, certificate, form, photograph, finger print, palm print or foot print;
(GI
make such use as he sees fit of any such infor~atjon, furth i ~ f o r ~ a t i o n , a u t h o ~ i t ~ , c e ~ i ~ ~ ~ t e , form, photo finger ~ ~ i ~ t , pal^ print or(d) furnish any report relev
ot paint so o ~ t a i n e ~ ~
to such applicant, a p ~ l ~ c ~ t ~ o ~ or he thinks proper.
or where another licence is issued on that other licence.
lj~ation for renewa~ 5f rearm, conversio~ unit, a n t i ~ u e conc
souvenir: c o n c e ~ l a ~ ~ e firearm, restricted firearm, souvenir machine gun or s ‘r sub-machine gun, an applicant shall produce for inspection
t arm or conversion unit the subject of the a ~ ~ ~ ~ ~ a ~ i o n .
e considers necessary.
EARMS AND O ~ ~ E ~ S I V E WEAPONS ACT 1979-1984 SS. 19-22 13
As amended by Act of 1984, No, 39, S . 4.
6209
14 SS. 23-26 FIREARMS AND OFFENSIVE WEAPONS ACT 1979-1984
evocation of licence. (1) An authorized officer may, in his absolute discretion, revoke any licence by serving upon the licensee a notice of revocation in or to the effect of the prescribed form,
(2) A licence shall be revoked on and from the date specified in the notice of revocation being a date not prior to the date of service of the notice.
ear^^ or licences. (1) If, at any time during the currency of a lic e it is revoked, cancelled, deemed by this Act to be void, surre~dered or in any other manner is alid, an authorized officer shall cause a surrender notice (2) A surrender notice shall state the time and date upon which, erson to whom it is directed shall surrender the licence and the firearm r conversion unit specified therein (if any).
(3) When a surrender notice is to have effect forth~ith, service (4) Upon. service a s u r r e n ~ e ~ notice, the ers so^ to whom re the time and date and at the place indicated 24, Surrender notice: in relation to
of the prescribed form to be s e ~ e d on the licensee.
the member of the police force to w h and the pla ~ ~
shall be effected personally.
it i s directed shall on or
therein s ~ r e n d ~ r to the member of the police force ind~cated therein- the document which had been a licence; and
the f i r e ~ m or conve~sion unit (if an^),
rovided that if any m or conversion unit has already bee:^
surrendered to a member e police force, or delivered to a licensed for sale or disposal, the person to whom the notice is directed on or before the date for surrend~r thereof ~pecified in the notice, y all particulars of such surrender or delivery as are within his (5) If the time from which the surrender notice is to take effect is other than f o r t h ~ ~ t h , the person to whom it is directed may apply to an authorized officer for an extension of the time in which the notice is to take effect.
n authori~ed officer may, in his absojute
discretion^
by approva~his hand, extend the date of effect of such notice, in which case the n o ~ ~ e d g e or as are required by a member of the police force,
ovisions of this section shall
ate specified in the notice. y as if such ~ x t e ~ d e d d lion on ~ ~ n ~ r s
Save: where otherwise expressly provided in this Act, a licence in respect of any ear^ or conversio~ unit shall not be ~ a ~ t e d or issued to any person who is under the age of 18 years.
Division 2-Licence for ~on~ealable ~~~e~~~~
s. (1) Subject to this Act, a person or otherwise acquire a concealable fir unless he holds a licence in respect of that concealable firearm :
FIREARMS AND OFFENSIVE WEAPONS ACT 1979-1984 s. 27 15
Penalty: For a first or both such fine and im
For a second or subsequent offence $800 or impri
~ o n t h s , or both such fine and imprisonment.
(2) Where any person who is convicted of any u f f ~ n ~ e subsection (1) has been previously convicted, whether in
OF ' elsewhere, of an indictable offence and has served
' onment in respect of such indictable oEence, the such person is convicted shall, in addit~on to any impose, sentence such person to a term of impri
$400 or imprisonment ent ;
less than three months and not exceeding three years which sent en^ of 11 not be suspended, mitigated OF waived, any Act or y not~ithstand~ng.
As amended by Act of 1984, No. 39, s. 5.
time to time by an authorized officer.
(3) Any membe pect of ~ h i ~ h a con
(a) is over the
(b) is not a prohibited person or a
re vented
~ ~ r s o ~ , e of a fi~ancial or~anizatiomay have possess~Qn of a concealable firearm to ~ h i c ~ the l i c ~ n ~ e r e ~ ~ t e ~ notw~thstanding that-
and
ilst in the actua~ eour of prote~ting t whilst practising s oting at an
(e) the name of such person does not a ~ p e ~ r oes not car^ the
ceafable firearm licence is issue s operations as such, is sold or o then the proprietor, ~ a n a ~ e r ,
he ~nancial o ~ ~ a n i ~ t i o n on the case may be, disposal, shall on that d or an officer in charge of police the
(5) When a licensee ceases to ho o r ~ a ~ ~ ~ o n that he held at the time of i on behalf of that ~nancial or~anization shall within 14 days of such cessation 1
to the effect of the pres d to be trans~erred to t
within that fina~cial such a licence.
As amended by Act of 1984, No. 39, s. 6.
,
29 FIREARMS AND OFFENSIVE WEAPONS ACT 1979-1984ivision 3-Licence for Blank-$re Concealable ~ i r e a r ~ s for Sporting, Theatrical or Other Use
igible person who is a member of a sporting, athletic or theatr~ca~
tion on behalf o f that organization.
Am authorized officer may, in his absolute respect of a blank-fire concealable firearm i errson who is a member of any organization on
Subject to the terms and conditions of person on behalf of an organizati of that organization who-
f of that organization.
(a) is over the age of 18 years; and ot a prohibited person or is not a y, with the authority and permission of a the licensee, possess or use the blank-fire subject o f the licence, in the course of th
~ r g a n i z ~ t i o n ~ s activities notwithstanding hat he is not the holder of licence in respect thereto.
hen a licensee ceases to hold the p o s ~ t ~ o n within he shall within r a notice in or
shall be deemed to be tr at the time of issue of the licence in his name on organization pursuant to subsectio
cessation lodge with an authorize the p r escr ~ be ~ form whereu~on the
o the person ho succeeds the li or ~an i~ atio n if is eligible under this
(3) For the purposes of this sec or theatrica~ organization
’’
shall inlace of education.
or a souvenir su uthorized officer
FI . 3 17
1s S. 32 FIREARMS AND OFFENSIVE WEAPONS ACT 1979-1984
shooter^§ licence es of two membe
~ h e r ~ u ~ o n the licence shall
l ~ ~ ~ n c ~ s to any ers so^ or
ter n u ~ b e r of ~ o ~ ~ e a ~ a ~ l e earms of any class, than he
~ d e ~ ~ a ~ e and reasonab~e to meet the needs of that person or
(v) whi~st at the residential address endorsed on the licence; or (vi) whilst actually travelling within Queensland in connex'
with a competition conducted by a pistol club out
~ ~ ~ n s ~ a n ~ ;
FIRE^^^^ AND OFFENSI~E WEAPONS ACT 1979-1984 * 33-35 19
(b) with the authority of the chief range ofXicer of an a p p r o y ~ ~ pistol club, a concealable firearm licensed in the name of members of the governing body of that club whilst he is on the range of that club;
(c) on the range of an approved pistol club, a ~ o n c e ~ l a b l ~ fiream licenced in the name of a member of any approved pistol club with the a p p r o v ~ of that ~ ~ m b e ~ who is on tha
but for no other purpose.
er’s provisional lic years who-
as satisfied an a ~ t ~ o r ~ ~ e erson to be so licensed;
b) has p r o d u ~ e ~ a ~ e r t i ~ c a t
and s e c r e t ~ y of an a ~ p r o ~ e d pistol clu personally supervise
whilst he is under the personal supervision of the holder of a pistol club shooter’s licence who has been designated by the chief range
r to s u ~ e ~ v ~ $ e him.
n ad~ition to any class of firearm declared pursuant to subsection ted firearm, the ~ ~ l l ~ ~ i n g ~ ~ ~ a r r n s are ~es~ricted ~ ~ a r r n s the purposes of this Act :-
ibre antitank rifle;
se 7 ,~ i ~ l i ~ ~ t r e ~ ~ antita
As amended by Act of 2984, No. 39, s. 8.
~ I R ~ AND A ~OFFENSIVE ~ S WEAPONS ACT 1979-1984 s. 21
As amended by Act of 1984, No, 39, s. 9,
22 s* 40-45 ~ I R E A R ~ S AND OFFENSIVE WEAPONS ACT 1979-1984
31 July in each year,
ever of the prescribed form
to an authorized officer, particulars of all concealable firearms, conversion units, restricted firearms, machine guns and sub-machine guns held in stock by him as at midnight on 30 June in that year.
awe
,
purchasing, sellin ng, sup~lying~ ~ e p a i r i ~ gor
way dealing with any concealable firearm, conversion unit, restricted firearm, machine gun or sub-mac~ne gun from, to or for any person or selling any firearm to any person, a dealer shall dema
not so accept, purchase, sell, deliver, supply, repair until that person proves to the dealer’s sat~sfact~on th have possession thereof.
p ~ e c a ~ t i o ~ s to ensure the s a f ~ ~ ~ e p i n g of a units in his possession.
As amended by Act of 1984, No. 39, s. 10.
1 furnish in or to th
@fore sale, etc,
s. A l ~ c e n s e ~ de
Iliati out l i ~ ~ t ~ n g the powers of t o v ~ ~ n o r in Council to tions in relation thereto, a
lication under this sectio
(a) describe fully the location of the proposed firing range of the (b) be a c ~ o ~ p ~ ~ i e d by a copy of ~ o n s t i t u t i ~ n of the club or such information as may be required by an (d) contain particulars of the appointed or proposed office bearers e the names, ad~resses, occ~pat~ons and ages of the members club OF proposed club ;
of such club;
of the club.
(1) The members of a pistol dub shall not unbss an authorized officer on, c o n s t r ~ c ~ o n , suitabil~ty d to the safety both of users the
(2) An authorized offieer may at any tirn
~ u a ~ t to s u b s ~ ~ t i ~ ~ (1).
FIREARMS AND OFFENSIVE WEAPONS ACT 1979-1984
ct and such approv
tter of the invest full p a r t i c ~~ a r s conc ng the identity of wledge of the chief range officer, is coplc
~ i s t o l club a licensee an the licensee, any rnembe shooting at the club’s
Cence granted or issue n a ~ c i ~ l organization o
Substituted by Act of 1984, No. 39, s. 11.
he member shall ret ai^ possessio
(a) whenever demanded by a member of Ehe police force;
) to the officer in charge of police to w~~~ he ma for renewal of his pistol club ShooEer’s licence shoo~e~’s ~rovisional licence.
atis clu
less he has the approval of an a ~ t h o r ~ z e ~ (2) The approval of a shooting gallery given ~ ~ r s u ~ n t to su
may at any time be w i t ~ ~ ~ a w n by arm a ~ t ~ o r i ~ ~ d officer.
As amended by Act of 1984, No. 39, s. 12.
As amended by Act of 1984, No. 39, s. 13.
(c) i ~ t e r ~ e r e with-
(i) any other person resorting to or ~ s i ~ g (ii) a firearm at a s h o o ~ ~ g gall
(iii) any part or equi ment of a shooting gallery;
e s ~ o o ~ n g gall
~ t ~ ~ r w i s ~ t ~ as adire ~ llery or his s e r ~ a ~ t ; or by the person c o n d u c t~ ~g th
(d) disobey a directi given to him
d
(iii) of section 56.
firearm, c o n v ~ r s i o ~ unit or a ~ ~ u n ~ t ~ o n or dangerous article;
and
(b) for so long as a prohibition order remains in force a per so^
shall not ~ n o w i ~ g l y supply to or for the person to whom the order is directed any firearm, conversion unit or a m ~ u n i t i o ~
or dangerous article.
(2) ~ n l e s s subse~uently rev& or m o ~ f i e d a ~ r o ~ b i t i o n order upon service thereof shall remain in force notwithstanding that the issuing officer ceases to be a c o m ~iss~ o n e d officer.
~ ~ ~ i f i e ~ only by- (3) Subject to sectio
(a) an authorized
(b) the c~mmissio~ed offiser who issued the or (e) any commissioned officer who is a succes
ibition order may
the commi who issued the order held issuing the
As amended by Act of 1984, No. 39, s. 14,
~ ~ ~ 0 ~ s . (I) For the pur~oses of t prohibited persons :-
(b) any person who has com~encemen~ of this specified in the second s
(c) any person for the by the Governor in
(3) A person shall no
~ ~ u n i t i o ~ or ~angerous
eing in a state of mental i
28 ss. 6365 FEREARMS AND ~ ~ ~ WEAPONS ACT 1979-1984 E ~ ~ ~ V E
F I ~ ~ AND A RO ~ F E ~ S I V E ~ ~ W ~ A ACT ~ 1979-1984 ~ ~ S
licence, a ~ p r o ~ a ~ or ex
~ e a r m , ~ o n v e r s j ~ ~ unit Act.
(I) Subject to this Act, ire a protectiv~ body vest.
otectiv~ body vest to any person ire that vest commits an offence
7A.
.
Subject to this Act, ashall not have possession of or acquire handcuffs, thumbcuffs o
similar restraints unless he has r e a s o ~ a ~ l e e ~ c u ~ ~ for so havjng or, as the case may be, acquiring.
Inserted by Act of 1984, No. 39, s. 16.
e c o ~ ~ i t $ an o
to n a t~r, fuse, or e used in or for blasting or mining operations.
person shall no o~session of
U
to ~ ns u re that at all times unit OF dangerous article is
out lh the of any private property^ a person
n acti (1) that property-
(a) shall not discharge firearm, cross-bow or spear gun;
(b) shall not carry or tr t a
rea^^
~ros~-bow or spear gun unless that fiearm, OW or, as the case may be, spear gun is unloaded, broken or c a n ~ o t readily be dischaFIREMRMS AND OFEENSZVE WEAPONS ACT 1979-1984 5;s. 73, 74 31
(2) A person shall not without the prior express consent of the owner, occupier or person acting with the authority of the owner or occupier of any private o be ~ f f e c t e ~ ~ h e r e ~ y , ~ i s c h a r ~ e
fir
cross-bow or s into, over, through, or across at e ~ r o p e r t ~ from anyAs amended by Act ~f 1984, NO. 39, s. 17,
that it alleges that a person was under
so alleged was under an or a drug, or both liquor (b) all other elements of the offence,
the person charge shall be convicted notwithst~n~ing that the particular such influence is not established by the evidence.
As amended by Act of 1984, No. 39, s. 18.
s amended by Act of 1984, No. 39, s. 19.
P
?
34 SS. 84-86 FIREARMS AND OFFENSIVE WEAPONS ACT 1979-1984
out ~easonab~e e x ~ ~ s e (the proof of which shall be upon him), lend, or permit or allow to be used by any other person, any licence issued in his name;
(d) u ~ ~ e s s he is a u t h o r ~ ~ e d by or under this Act so to do
~ ato ~be made s ~or a~tempt to ~ a k e or e a ~ s e to b or ~ ~ ~ m i t or allow to be made any e n d o r s e ~ ~ n t or any
or alteration or erasure whatsoever on or from a licence or any approval granted or issued under this Act.
F I ~ ~ AND R ~OFFENSIVE S WEAPONS ACT 19794984 ss. 87-89 35 (2) A person who, without reasonable excuse (the proof of which shall be upon him), fails to forthwith produce a licence, firearm, conversion unit, evidence of approval, register or record when requested by a police officer commits an offence against this Act,
e ~ e h subject ~ $ to seiz
poli detain and search-
(a) any vehicle upon which he suspects on rea rticle liable to seizure under this A horn he suspects on reasonabl~ g
session a ~ r e ~ m , conQer~ion
unit^
ammunition article liable to seizure under this Act,that there is a firearm, conv~rsion unit,
@)
~ r~ i ~ ~ a ~ i o ~ s ~ ~ ~ s er who ~ u s p ~ c t s hat a person is in premises or any place and has
or threatening to use a firearm, ~angerous article or any other thing in circumstances such that death or injury to him§el~
or any other person is or is likely to be caused, whether or not any such other person is actually present, he, together with all persons acting in aid of him and using such force as is reasonably necessary for that purpose may, without any warrant other than this section-
e for such time to establish wfie mises or place and every person
n any firearm, dangerous art~cle capable of being used in such found on the ~ r e ~ i § e s or place or o has been committ~d;
ers son.
ect o f t
(a) at any time enter and remain upon the range or premises of any pistol club, shooting gallery or business premises of any dealer;
(b) inspect, examine and test any firearm, ~ o n v e ~ s i o ~ unit, dangerous article or any other thing found there;
(C) inspect, examine and test any place, premises, equip materials of constru~t~on thereof;
(d) inspect any record, licence, approval, notice or other ~ r ~ t i n and take such copies or extracts therefr~m as he desires,
and may make such other examin~tion or ~ nas he consid~rs ~ ~ necessa i ~ to establish whether the p~ovisions of this Act or of any licence, a P~r O v a ~ or e ~ e ~ p t i o n granted under this Act are being omp plied witk
~ € ~ E AND OFFENSIVE WEAPQNS ACT A ~ ~ S 1479-1984 36
38 6s. 99, 1 FIREARMS ANI) O F F ~ ~ ~ I V ~ EAP PONS ACI' 19'79-1984
mana~ing director, director, manager or other overning officer by w~atever name called shall be deemed to have c o m ~ i t t e d the offence and may be proseGuted in respect of the offence unless he proves that the offence was c o~ mitte d without his knowledge and that he had used all due diligence to prevent the commission of an offence such as that committed.
~~~~~e~ orders e h (I) Any notice, order or other issued pursuant to this Act shall be properly served upon the person to whom it is directed if it is served in accordance with this section, that is to say-
(a) by de~~vering a copy thereof to (b) if he cannot reasonab~y be foun
rson for him at
the place of busine~s or re the person who serves the order, notice o
y means of registered post a copy thereof addressed s place of business or residence last known to the person who issued the order at least 14 days before the date on which the order, notice or document is to take eff"ect.
(2) When an order, notice or o c u m ~ n ~ is serve ay attend before a justice and depose on o
copy of the order, notice or docume service thereof
howi in^
therein the date of personal~ o s t ~ n ~ as the case may be of' such order, notice or d 11 upon produc
therein and sh
,
notice or ~ocument on t was directed.ice, order or other document issued to this Act upon any unincorporated club or association of per
be deemed to be properly served if it is served in accordance with this section upon the person who is for the time being the
ident (by whatever name such oBce is called) of eiation.
FIREARMS AND OFFENSIVE WEAPONS ACT 1979-1984 s* 101 39
conversion unit or dangerous article prior to such delivery shall not be guilty of any offence relating to his possession of that firearm, conversion unit or dange~ous article prior to such delivery.
s ~ ~ s ~ ~ . ef ~ r ~ ~ c ~ ~ s e * (1) Any
firea n
,
amm~nition, d S or otherthing held by or in the custody of any member of the police force ~ u ~ s u to this Act or otherwise (whether or not such m e ~ b e r came into possessio^
thereof before or after the commencement of this Act)-
(a) may be detained by any member of the olice force until it is disposed of pursuant to paragraph (b) o
(b) may be delivered at any time after the appointed day-
(i) if a comm~ssioned officer is s a t ~ s f i e ~ that some person is the owner, or would be entitled to possession if that person complies with the prov~sions of this Act in respect thereof- (A) to the owner or person entitled to such possession; or
(B) if the owner or person entitled to such possession nominates some other
ers son
or a licensed dealer to havepossession, to that other person or dealer;
a court order is made for the delivery thereof to any rson pursuant to section 39 of the Justices Act 1886-11979,
that person :
~rovjded that no ~ r e ~ m , c o n ~e ~ s i o n unit, a m ~ u n i t ~ o r i , dangerous article or any other thing shall be delivered to any person until that person shows to the satis~action of the m e m ~ e r of the police force who holds or has custody thereof that that person would not be contravening any provision of this Act if he took delivery thereof;
(c) shall, if it has not been delivered to any person pursuant to paragraph (b) within e year of the appointed day 01: such.
longer period as the nister may deter ine in a
articular
case, be forfeited to the Crown.
provisions of p a r a ~ r a p ~ (b) do not apply to n unit, ammunition, dangerous article or an has been forfeited or ordered to be forfe~ted to the this or any other Act or law.
court order for the delivery of any rear^, conversion m ~ ~ n i t i o n s ~ a l l riot be mad p u rs~ a n t to section 39 of the Act l ~ 8 ~ 1 1 ~ 7 9 at any time before the appointed day.
For the pur~oses of this secti~n the ~ppointed day Shall be-
@) in the case of any firearm, conversion unit, ammunition, d a n ~ e ~ o u s article or any other thing held or in custody in relation to any c o n t r a v e n ~ ~ o ~ or suspected cont~avention of any
ion of this Act-
of the final d ~ t e ~ ~ i n a t i ~ n of all ~ r o ~ e d i n respect thereto; or
As amended by Act of 1984, No. 39, s. 22.
~ I ~ ~ AAND ~ QFFENSIVE M S W E A ~ Q ~ S ACT 1979-1984
to give operation and effect to this section, be that provided by the Rules of Court made under the ~ ~ ~ i s t r ~ ~ e ~ Courts Act 1921-1982, as if that appeal were a proceeding under those lastmentioned Rules of Court ;
(ii) a tipe en diary ~ a g i s t r a t e may, in any particular case, give such directions as he thinks fit, including directions in relation to obtaining subpoenas where the procedure under su~paragraph (i) does not extend or is inappropriate, and such directions shall, according to their tenor, have the force and effect of Rules of Court made for the purposes of the appeal.
(4) No appeal shall lie against the d e t e r ~ i ~ a ~ o n of an appeal by a Magistrates Court under this section, which decision shall be final:
Provi~ed always that nothing in this ~ e c t i o ~ shall prevent upon reasonable grounds the refusal of any subsequent application, the variation or imposition of any terms or conditions or, the revocation of any licence or the issuing of a prohibition order subse
Court’s determ~nat~on‘
i~position, variation, revocatjon or prohibition order under this shall be effective as such until the Magistrates Court makes determination upon the appeal.
(5) Notwithstanding that an appeal has been lodged, any refusal
A person who has duly appea~ed against- (a) the refusal to renew his dealer’s licence; or (b) the revocation of his dealer’s licence,
shall be entitled to carry on business in all respects as if his licence had been renewed or had not been revoked pending the d e t e r ~ i n a t i o ~ of the appeal.
~ u b s t i t u t e ~ by Act of 1984, No. 39, s. 23.
of anything done for the pu p ~ p o r t i n g to be done for t
Provided always that shall be in compliance wit and such police officer s this
or member to d
be the signature it p s to be until the contrary is proved;
44 ss. SlVE ~ ~ ACT €979-1984 A ~ O ~ ~
f
~ I ~ E ! A ~ M § AND OFFENSIVE! WEAPONS ACT 1979-1984
At; amended by Act of 1984, No. 39, s. 25,
I FIREARMS AND OFFENSIVE WEAPONS ACT 1979-1984
SCHEDULE§
IRST SCHEDULE
f
iele
62097-By Authority: S . R. HAMPSON, Government Printer, Queensland
Act-
applica~i5n of
. . .
arrangement of . . .
commencement of
. . .
repeal of other
. . .
savings and transi~ional . . .
Ammunition-
in police custody. detention and disposal of . . . .
meaning of term
. .
person under inRuence of iiquof kr d& not id have *
pre~autions to be taken by owner of
.
.Proclamation may. be made to deliver u p seizure and detention o f by police officer Antique concedable firearm-
Antique firearm- Appeal-
meaniug of term
. . .
to be licensed
. . .
jurisdiction of Magistrates Court . .
no appeal shall lie against . . . .
person aggrieved may
.
.person entitled to carry on untii heard' .
Rules of Court re . . .
Application of Act . . .
Approved pistol dub-
meaning of term
. . .
Arrest-
meaning of term . . .
Association-
liabi~ity for ogence by
. . .
Attendance card-
meaning of term
. . .
A u t h o r i ~ d officer-
auuoiotrnent of . . . . *
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may issue licence for blank-fire concealable firearm to sport- may issue licence for concea~abIe firearm to f i n ~ c i a l may revoke licence . . .
meaning o f term
. . .
protection of . . .
to d e t e ~ i n e initial application for licence . . .
bo issue notice of refusal to issue or renew licence ing. athletic or Pheatricaf o r g a n i ~ ~ i o n organization
. . . .
Blank-fire concealable firearm-
issue o f licence for to spo.ing. athletic. or theatrical meaning of term organization . . .
Body-
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48 INDEX
Chief range officer-
meaning of term . . .
Com~encement of Act . . .
Commissioned officer-
may issue prohibition order . . .
meaning of term
. . .
meaning o f t e m . . .
t o bs authorized officer . . .
antique and souvenir, issue of licence for
delivery or despatch of . . .
issue of licence for, to financial organization . . .
meaning o f term
.
. . .not to be obtained by de&
not to be pawned . . .
not to be sold, supplied, etc., to unlicensed person
pistol club shooter's licence in respect of, when may be issued pistol club to obtain approval, re
replica in public place prohibited
to be licensed
. . .
visitor to Quesnshnd . Butho&ed oisewhere to possess concealable firearm may be issued with licence under this Act
Commissioner-
Concealable firearm-
. . . . . .
. . . .
. . .. . .
Conversion unit-
delivery or despatch of . . .
in police custody, detention and disposal of
meaning of term . .
. . .
not to be pawned
.'
.I . . .. . .
not to be obtained by deceit
not to be sold, supplied, etc., to u n l i c e ~ ~ e d person
. . .
number or identification mark on, not to be defaced' *
'.
person under influence of liquor or drug not to have
.
.precautions to be taken by owner of
. .
~ r o c l a m ~ t i o n may be made to deliver up prohibited person not to have
to be licensed
. . .
unlicensed, surrender of . . .
not to be discharged, etc., in public place
. . . . . .
. . .
Cros s-bow-
. . .
not to be used, etc., o n private property without prior ~. ~
approval
possession of, restricted
. . .
C'rown-
protection of . . .
possessiion of
. . .
prohibited person not to have
unlicensed, surrender of
. . .
meaning of term . . .
precautions to be taken by owner of
.
.Proclamation may be made to deliver u p prohibition on use or possession of seizure and detention o f by police officer
. . . . .
,Dealer-
Dangerous articlo-
in police custody, detention and disposal of
.
.~ e a n i n ~ of term
. . . ..
.... ..
* .. ,
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premises-
..
power of police officer in respect of
to be restricted to premises described in Iicence .
.
entry not ta be altered
. . . .
,suitability of
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to be described in app1icatib;l
. . . .
Register of Transactions of-
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every transaction to be entered in
to be delivered to authorized officer when pers6n cease8 to be licensed dealer, when complteted or upon mquest
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