Download Weapons Regulation 2016 PDF

TitleWeapons Regulation 2016
LanguageEnglish
File Size1.2 MB
Total Pages137
Table of Contents
                            Contents
	Part 1 Preliminary
		1 Short title
		2 Commencement
		3 Definitions
	Part 2 Licences generally
		Division 1 General limitations on possession or use of weapons
			4 Possession or use of weapon, or category of weapon, unlawful to extent another class of licence is needed to authorise the possession or use
			5 Possession of weapon for transport not authorised unless necessarily incidental to licence activities
			6 Limitation on weapons’ physical possession and use under licence held by a body
		Division 2 Particular matters about applying for licence
			7 Additional reasons for possession of weapon
			8 Additional particulars to accompany application for licence
			9 How application for licence or licence renewal must be made personally
			10 Waiting period before application for licence can be decided
			11 Declaration in application for concealable firearms licence—period within which applicant was resident of another country
			12 Recreational shooting—prescribed body for membership by licence applicant—Act s 13(3)(b)
			13 Requirements for safety training courses
		Division 3 Licence conditions—codes on licence
			14 Licence conditions—codes on licence
		Division 4 Transfer of endorsement for firearm between licences of licensee who is an individual
			15 Transfer of endorsement
	Part 4 Advising officer in charge of police of particular changes in licensee’s circumstances
		17 Additional changes in licensee’s circumstances to be advised by licensee
		18 Way licensee must give advice of change in licensee’s circumstances
	Part 5 Particular interstate licences or other authorities
		19 Temporary recognition of particular interstate authorities—additional purposes for visiting Queensland
		20 Queensland licence declared to be a corresponding licence
	Part 6 Blank-fire firearms licence
		21 What blank-fire firearms licence authorises
	Part 7 Concealable firearms licence and duty of all persons about wearing category H weapon that is a firearm
		Division 1 What concealable firearms licence authorises
			22 What concealable firearms licence authorises
		Division 2 Particular duties of holder of concealable firearms licence
			23 Restriction on use of category H weapon
			24 Prohibition on possession of particular magazine for category H weapons
			25 Information participation record is to contain
		Division 3 Establishing barrel length of category H weapon, including power to require weapon’s production
			26 Production of category H weapons to establish barrel length
			27 How to establish barrel length of category H weapon
		Division 4 Duty of all persons about wearing category H weapon that is a firearm
			28 When and how category H weapon that is a firearm may be worn
	Part 8 Firearms licence
		Division 1 What firearms licence authorises
			29 Firearms licence—category A or B weapons
			30 Firearms licence—category C shotguns for clay target shooting
			31 Firearms licence—category C rifle or category C shotgun for occupational rural purpose on rural land
			32 Firearms licence—1 category C weapon for occupational fisher
			33 Firearms licence—category D weapons for occupational culling of animals
		Division 2 Prohibition on holder of firearms licence on possessing particular magazines
			34 Prohibition on possession of magazine for particular category B weapons
	Part 9 Firearms licence (instructor)
		35 What firearms licence (instructor) authorises
	Part 10 Minor’s licence and supervision of particular minors at approved range
		36 What minor’s licence authorises
		37 Conditions of minor’s licence
		38 Supervision of experienced minor who is at least 11 years for particular weapons at approved range
	Part 11 Theatrical ordnance supplier’s licence
		39 What theatrical ordnance supplier’s licence authorises
		40 Particulars to be entered in ordnance register kept by theatrical ordnance supplier
	Part 12 Miscellaneous weapons licence
		Division 1 Weapons for licence and what licence authorises
			41 Weapons for miscellaneous weapons licence
			42 Category E weapons
			43 Category M weapon that is a crossbow
			44 Historical or military weapon
			45 Martial arts weapon
			46 Category M knife
		Division 2 Holder of miscellaneous weapons licence to take precautions about access to weapon
			47 Precautions to be taken about access to weapons
	Part 13 Group licence
		Division 1 Who may be issued group licence and weapons for licence
			48 Who may be issued group licence and weapons for licence
			49 Application for group licence is taken to be an application for each appropriate class of licence
		Division 2 What group licence authorises
			50 What group licence held by individual authorises
			51 What group licence held by body authorises
		Division 3 Weapon physically possessed under body’s group licence to be returned to its secure storage facilities
			52 Weapon to be returned to body’s secure storage facilities
		Division 4 Holder of group licence to keep register
			53 Holder of group licence to keep register about weapons held by holder under licence
	Part 14 Dealer’s licence and armourer’s licence
		Division 1 What dealer’s licence authorises
			54 What dealer’s licence authorises
		Division 2 What armourer’s licence authorises
			55 What armourer’s licence authorises
		Division 3 Duties relating to both licensed dealers and licensed armourers
			56 Particulars dealer, armourer or other trader must obtain and record in weapons register before transaction
			57 Other particulars licensed dealer or licensed armourer to enter in weapons register
			58 Duty of licensed dealer or licensed armourer if weapons register is a computer register
	Part 15 Collector’s licence
		59 Particulars to be entered in collection register kept by licensed collector
		60 Licensed collector who wants to move weapons to a place outside Queensland
	Part 16 Security licence (guard) and security guards
		Division 1 Who may be issued licence, weapons and term for licence, and training
			61 Who may be issued security licence (guard), and weapons for licence
			62 Maximum term of security licence (guard)
			63 Applicant for renewal of security licence (guard) to complete approved safety training course (security guard) annually
		Division 2 What security licence (guard) authorises
			64 What security licence (guard) authorises
		Division 3 Restrictions on weapons and ammunition security guard may carry
			65 Restrictions on number, category and calibre of weapons security guard may carry
			66 Restrictions on type of ammunition person performing duties as security guard may use
		Division 4 Particular duties of security guard about weapons
			Subdivision 1 Employed security guard
				67 Employed security guard to return weapon to employer at or before end of shift
				68 Information employed security guard to record in security organisation register kept by employer
			Subdivision 2 Individual who carries on business on own account as security guard
				69 Weapons to be placed in guard’s secure storage facilities when guard duties stop
				70 Information security guard to record in security guard’s register
	Part 17 Security licence (organisation) and security organisations
		71 Definition for part
		72 Organisation that may be issued security licence (organisation), and weapons for licence
		73 What security licence (organisation) authorises
		74 Information security organisation to record in security organisation register
		75 Storage of particular weapons not in physical possession of security licence (organisation)
		76 Other security precautions to be taken by holder of security licence (organisation)
	Part 18 Visitor’s licence
		77 Visitor’s licence—Act, s 12(k)
	Part 19 Storage measures for licensed armourers, licensed dealers and licensed theatrical ordnance suppliers
		Division 1 How and where weapons must be stored
			78 How and where weapons must be stored
		Division 2 Requirements premises must comply with
			79 Floor
			80 Walls
			81 Ceiling
			82 Window able to give access into premises
			83 Door able to give access into premises
			84 Grille for window, or glass shopfront door, able to give access into premises
			85 Burglar alarm system for premises
		Division 3 Requirements vault or safe must comply with
			86 Vaults and safes
		Division 4 Requirements gun rack must comply with
			87 Gun rack
	Part 20 Storage measures for collectors
		88 How and where weapons must be stored
		89 Storeroom
		90 Vault
		91 Gun rack
		92 Container
	Part 21 Safety precautions generally
		93 Firearms to be kept unloaded other than when being used to shoot
		94 Storage of particular weapons not in person’s physical possession—secure storage facilities
		95 Storage of weapon not in person’s physical possession if away from secure storage facilities or visitor to Queensland—secure storage
		96 Safety precautions for weapons in or on vehicle
		97 Restrictions on dispatching weapons
		98 Authorised officer may approve safe storage measures at least equivalent to those required under this regulation
	Part 22 Acquiring or disposing of weapon
		Division 1 Particular matters about applying for permit to acquire
			99 Way application for permit to acquire must be made
			100 Category H weapons—approved shooting club letter, certifying need for weapon, to accompany application for permit
			101 Waiting period for decision on application for permit to acquire
		Division 2 When weapon may be acquired or disposed of through police officer
			102 Circumstances in which weapon may be acquired, or sold or otherwise disposed of, through police officer
		Division 3 Information to be given by persons involved in particular acquisitions or disposals of weapons
			103 Information licensed dealer involved in acquisition of weapon to give to authorised officer
			104 Information particular persons who have sold or otherwise disposed of weapon to give authorised officer
			105 Notice of acquisition of antique handgun
	Part 23 Particular approvals and related matters
		Division 1 Approval to conduct an arms fair
			106 Application for approval to conduct an arms fair—where to make application
			107 How arms fair to be approved
		Division 2 Approval of body as an approved historical society
			108 Application for approval
			109 When authorised officer may grant body approval
			110 Historical society’s representative required if body is unincorporated
			111 Conditions of approval
			112 Historical society permit to be given to body granted approval
			113 Refusal to grant approval and reasons for refusal
			114 Duty of representative
			115 Change of representative
			116 How to decide whether an individual is an appropriate person
			117 Authorised officer may amend conditions of approval
			118 Authorised officer may make temporary amendment of conditions of approval
			119 Revoking or suspending historical society permit
			120 How notices under this division may be given to approved historical society
		Division 3 Approval of range for weapons target shooting
			121 Condition applying to range approval may be imposed to report injury or property damage at range
		Division 4 Approval to conduct a shooting gallery
			122 Application for approval to conduct a shooting gallery—approved form and where to make application
		Division 5 Approval of weapons club and offence to conduct unapproved weapons club
			123 Definitions for division
			124 Weapons club not to be conducted unless approved by authorised officer
			125 Application for weapons club approval
			126 When authorised officer may approve weapons club
			127 Club’s representative required if club is an unincorporated body or association of persons
			128 Conditions of approval
			129 Approval of weapons club
			130 Refusal to grant approval and reasons for refusal
			131 Duty of representative
			132 Change of representative
			133 How to decide whether an individual is an appropriate person
			134 Authorised officer may amend conditions of approval
			135 Authorised officer may make temporary amendment of conditions of approval
			136 Suspending or cancelling approval
			137 Approved weapons club that is a crossbow club and conducts shooting range to keep range use register book
			138 How notices under this division may be given to approved weapons club
	Part 24 Application for shooting club permit, and additional details for range use register kept by approved shooting club
		139 Application for shooting club permit—where to make application
		140 Condition applying to shooting club permit may be imposed to report injury or property damage at range
		141 Additional details for which range use register kept by approved shooting club is to make provision
	Part 25 Restricted items
		142 Storage measures and other precautions about access to restricted items
		143 How handcuffs or baton must be worn
	Part 26 Exemptions by commissioner from application of particular provisions of Act
		Division 1 	General
			144 Prescribed way to grant commissioner’s exemption
			145 Conditions of commissioner’s exemption and offence not to comply with conditions
			146 Commissioner may request additional information about application for commissioner’s exemption under div 2
			147 Term of commissioner’s exemption
			148 Deciding application for commissioner’s exemption and notice of grant of exemption or refusal of application
			149 Amending or cancelling commissioner’s exemption
		Division 2 Commissioner’s exemptions other than exemptions under division 3
			150 How to apply for a commissioner’s exemption other than an exemption under division 3
		Division 3 Commissioner’s exemption from provision requiring visitor’s licence applicant to make application personally—overseas adult
			151 Meaning of eligible person for this div
			152 Seeking exemption
			153 When commissioner may grant exemption
			154 Notice of grant of exemption or refusal to grant exemption
	Part 27 Duty of authorised officer to disclose particular licence information to particular approved clubs or societies
		155 Disclosure of particular licence information to approved pistol club
		156 Disclosure of particular licence information to approved weapons club
		157 Disclosure of particular licence information to approved historical society
	Part 28 Other matters prescribed for Act
		158 Minimum age to possess safety equipment for boat, ship or aircraft
		159 Modifying firearm to make it permanently inoperable
		160 Health services and professional carers
		161 Handgun shooting competition that is prescribed to be an accredited event
		162 Meaning of black-powder pistol
		163 Additional government service entities and their functions and employees’ functions
		164 Persons prescribed for Act, sch 2, definition primary producer
	Part 29 Fees
		165 Fees generally
		166 Fee for group licence
		167 Fee for particular applicants for licences
		168 Fee exemption for particular applicants for visitor’s licences
		169 Partial refund of application fee or other fee if particular applications are refused
		170 Brokerage fee payable by acquirer of weapon to licensed dealer if acquisition happens through the dealer
	Part 30 Miscellaneous
		171 Term of approvals
	Schedule 1 Fees
	Schedule 2 Licence conditions—codes
	Schedule 3 Additional government service entities and their functions and employees’ functions
		1 Queensland Corrective Services
		2 GEO Group Australia Pty Ltd
		3 Serco Australia Pty Ltd
		4 Queensland Fire and Emergency Service
		5 Public Safety Business Agency
	Schedule 4 Ways of modifying firearms to make them permanently incapable of being discharged
		Part 1 General
			1 Methods
			2 Purpose of fusion welding or sectioning
		Part 2 Fusion welding
			3 Bolt action rifle
			4 Self-loading rifle
			5 Pump action rifle
			6 Lever action rifle
			7 Muzzle loading rifle
			8 Single or double barrel shotgun
			9 Pump action shotgun
			10 Self-loading shotgun
			11 Revolver
			12 Self-loading pistol
			13 Submachine gun or select fire assault rifle
			14 Machine gun
		Part 3 Sectioning
			15 Firearms
			16 Pistol
	Schedule 5 Dictionary
                        
Document Text Contents
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Queensland
Weapons Act 1990
Weapons Regulation 2016

Current as at 5 March 2017

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[s 90]

Weapons Regulation 2016
Part 20 Storage measures for collectors
(b) have a built-in deadlock; and

(c) have 1 padbolt fitted within 300mm of the top of the
door and 1 padbolt fitted within 300mm of the bottom of
the door.

(5) If the padbolt is on the outside of the door, the padbolt must
have a sturdy padlock.

(6) If the door hinge is accessible from outside, each pin inside
the hinge must be made incapable, by welding or otherwise,
of removal.

90 Vault

(1) The vault must be made of concrete or concrete blocks filled
with concrete.

(2) The vault door must be made of steel and have—

(a) steel door jambs; and

(b) a combination lock or built-in deadlock; and

(c) hinges that are welded to the door and door jamb.

91 Gun rack

(1) The gun rack must have sturdy metal bars, grilles or chains, to
secure the weapons, locked in place by a sturdy keyed lock or
keyed padlock.

(2) The gun rack must be fixed to the premises by welding or
hardened steel bolts at least 10mm in diameter.

(3) Not more than 10 guns may be kept in the gun rack.

92 Container

(1) The container must—

(a) for a category D, H or R weapon—be made of solid
steel and be bolted to the frame or floor of the building;
or
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Authorised by the Parliamentary Counsel

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[s 93]

Weapons Regulation 2016
Part 21 Safety precautions generally
(b) for any other weapon—

(i) be made of solid steel or solid timber; and

(ii) if the container weighs less than 150kg—be
securely fixed to the frame or floor of the building.

(2) The container must also—

(a) have a sturdy combination lock, keyed lock or keyed
padlock; and

(b) always be locked (other than for the time necessary to
insert or remove a weapon, or something else, for a
proper purpose).

Part 21 Safety precautions generally

93 Firearms to be kept unloaded other than when being
used to shoot

(1) A person who has a firearm under the person’s control
(whether or not another person has custody of it) must ensure
the firearm is unloaded, other than when it is being used to
shoot.
Example of what is, or is not, using a firearm to shoot—

To go hunting, X travels with 2 rifles in a car. X does not hunt from the
moving car. Before and during the travel, X is not using the rifles to
shoot.

At the hunt site, X loads the rifles at the start of the hunt. X hunts with 1
rifle in hand and the other in reserve. X takes an afternoon tea break
from the hunt and then continues to hunt until dark. No prey is spotted,
so no shots are fired.

Both rifles were being used to shoot when they were being loaded and
afterwards until dark (other than during the afternoon tea break).

Maximum penalty—10 penalty units.

(2) However, this section does not apply—

(a) if the firearm is under the person’s control under a
security licence (guard); or
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Endnotes

Weapons Regulation 2016
3 Table of reprints

A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary
Counsel each time a change to the legislation takes effect.

The notes column for this reprint gives details of any discretionary editorial powers under
the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in
preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory
requirements that all amendments be included and all necessary consequential
amendments be incorporated, whether of punctuation, numbering or another kind. Further
details of the use of any discretionary editorial power noted in the table can be obtained by
contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003
9601 or email [email protected]

From 29 January 2013, all Queensland reprints are dated and authorised by the
Parliamentary Counsel. The previous numbering system and distinctions between printed
and electronic reprints is not continued with the relevant details for historical reprints
included in this table.

o in
c

= order in council sch = schedule

om = omitted sdiv = subdivision

orig = original SIA = Statutory Instruments Act
1992

p = page SIR = Statutory Instruments
Regulation 2012

para = paragraph SL = subordinate legislation

prec = preceding sub = substituted

pres = present unnu
m

= unnumbered

prev = previous

Current as at Amendments included Notes

1 September 2016 rv none

5 March 2017 2017 SL No. 16

Key Explanation Key Explanation
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Endnotes

Weapons Regulation 2016
4 List of legislation

Regulatory impact statements

For subordinate legislation that has a regulatory impact statement, specific reference to the
statement is included in this list.

Explanatory notes

All subordinate legislation made on or after 1 January 2011 has an explanatory note. For
subordinate legislation made before 1 January 2011 that has an explanatory note, specific
reference to the note is included in this list.

Weapons Regulation 2016 SL No. 131
made by the Governor in Council on 10 September 2009
notfd <www.legislation.qld.gov.au> 26 August 2016
ss 1–2 commenced on date of notification
remaining provisions commenced 1 September 2016 (see s 2)
exp 1 September 2026 (see SIA s 54)
Notes—
1 Part 3 (section 16) of the regulation was disallowed by resolution of the

Legislative Assembly passed on 2 November 2016-see Hansard 2 November
2016 pages 4064-4080.

2 The expiry date may have changed since this reprint was published. See the latest
reprint of the SIR for any change.

amending legislation—

Serious and Organised Crime Legislation Amendment Act 2016 No. 62 ss 1–2(1), 493
sch 1 pt 2

date of assent 9 December 2016
ss 1–2 commenced on date of assent
s 493 sch 1 pt 2 commences 9 March 2017 (see s 2(1))
amending legislation—

Mental Health Regulation 2017 SL No. 16 ss 1–2, 5 sch 2
notfd <www.legislation.qld.gov.au> 24 February 2017
ss 1–2 commenced on date of notification
s 5 sch 2 commenced 5 March 2017 (see s 2)

5 List of annotations

Additional changes in licensee’s circumstances to be advised by licensee
s 17 amd 2017 SL No. 16 s 5 sch 2

© State of Queensland 2017
Current as at 5 March 2017 Page 135

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