Weapons Prohibition Act 1998 (NSW)

Weapons Prohibition Act 1998 No 127

An Act to prohibit and control the possession and use of certain weapons; to repeal the Prohibited Weapons Act 1989; to amend certain other Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Weapons Prohibition Act 1998.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Principles and objects of Act (1) The underlying principles of this Act are— (a) to confirm that the possession and use of prohibited weapons is a privilege that is conditional on the overriding need to ensure public safety, and (b) to improve public safety by imposing strict controls on the possession and use of prohibited weapons. (2) The specific objects of this Act are as follows— (a) to require each person who possesses or uses a prohibited weapon under the authority of a permit to have a genuine reason for possessing or using the weapon, (b) to provide strict requirements that must be satisfied in relation to the possession and use of prohibited weapons, (c) to provide an amnesty period to enable the surrender of prohibited weapons.

4 Definitions (1) In this Act— apprehended violence order means— (a) a final apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007, or (b) a final order made under Part 15A of the Crimes Act 1900 before its repeal, or (c) an order or a decision under an Act or law of a place other than New South Wales, being an order or a decision that is prescribed for the purposes of this definition by the regulations. approved means approved by the Commissioner from time to time. authorised employee of an authorised theatrical weapons armourer or authorised weapons dealer means a person who— (a) is an employee of the armourer or dealer concerned, and (b) is eligible to be issued with a permit, and (c) is authorised in writing by the Commissioner. authorised officer means a person who is authorised by the Commissioner for the purposes of this Act. authorised theatrical weapons armourer means a theatrical weapons armourer who is the holder of a theatrical weapons armourer permit. authorised weapons dealer means a weapons dealer who is the holder of a weapons dealer permit. buy includes— (a) purchase by wholesale, retail, auction or tender, and (b) hire, and (c) take possession under a hire-purchase agreement, and (d) cause or permit anything referred to above. Commissioner means the Commissioner of Police. community correction order has the same meaning as in the Crimes (Sentencing Procedure) Act 1999. conditional release order has the same meaning as in the Crimes (Sentencing Procedure) Act 1999. exercise a function includes perform a duty. function includes a power, authority or duty. genuine reason means a genuine reason as referred to in section 11. holder of a permit means the person to whom it is issued. interim apprehended violence order means— (a) an interim apprehended violence order within the meaning of the Crimes (Domestic and Personal Violence) Act 2007, or (b) an order or decision under an Act or law of a place other than New South Wales, being an order or decision that is prescribed for the purposes of this definition by the regulations. manufacture a prohibited weapon includes repair or test the weapon in the course of carrying on a business. military-style weapon means a prohibited weapon of a kind referred to in clause 1A of Schedule 1. permit means a permit in force under this Act. possession of a prohibited weapon includes any case in which a person knowingly— (a) has custody of the weapon, or (b) has the weapon in the custody of another person, or (c) has the weapon in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person. prohibited weapon means anything described in Schedule 1. public museum means an institution that— (a) has a written constitution that states the museum's charter, goals and policies, and (b) has a stated acquisition policy, and (c) acquires, conserves and exhibits objects of scientific or historical interest for the purposes of study, education and public enjoyment, and (d) is sufficiently financed to enable the conduct and development of the museum, and (e) has adequate premises to fulfil its basic functions of collection, research, storage, conservation, education and display, and (f) is regularly open to the public. sell includes— (a) sell by wholesale, retail, auction or tender, and (b) parting with something under a hire-purchase agreement, and (c) barter or exchange, and (d) supply for profit, and (e) offer for sale, receive for sale, have in possession for sale or expose or exhibit for sale, and (f) conduct negotiations for sale, and (g) consign or deliver for sale, and (h) cause or permit anything referred to above. theatrical weapons armourer means a person who, in the course of carrying on a business, manufactures, buys or sells prohibited weapons for use in connection with cinematographic, television or theatrical productions. use a prohibited weapon includes causing a reasonable belief that the weapon will be used. weapons dealer means a person who, in the course of carrying on a business, manufactures, buys or sells prohibited weapons otherwise than for use in cinematographic, television or theatrical productions. weapons prohibition order means an order in force under section 33. (2) For the purposes of this Act— (a) anything that would be a prohibited weapon if it did not have something missing from it, or a defect or obstruction in it, is taken to be a prohibited weapon, and (a1) any collection of the component parts of a thing that if assembled would be a prohibited weapon (or would be a prohibited weapon if it did not have something missing from it or a defect or obstruction in it) is taken to be a prohibited weapon, and (b) a person in or on (or in or on any part of) any premises, vehicle, vessel or aircraft in which there is a prohibited weapon is to be regarded as having possession of the weapon unless the person proves otherwise, and (c) if parts of a prohibited weapon are in the possession of, or are being carried by, 2 or more persons, each of those persons is to be regarded as possessing the weapon.