Weapons Act 1990 – 23 September 2016
Weapons Act 1990 – 23 September 2016
Weapons Categories Regulation 1997 – 19 December 2014
Weapons Regulation 2016 – 1 September 2016
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A licence may be issued, renewed, endorsed or altered only by an authorised officer pursuant to this Act. A licence may be issued only to an individual or a body. A licence may be issued to an individual only if the person: (a) is (i) for a licence other than a minor’s licence – an adult; or (ii) for a minor’s licence – at least 11 years and otherwise within the age group prescribed under a regulation for the licence; and (b) has, under section 10A, an adequate knowledge of safety practices for the use, storage and maintenance of the weapon or category of weapon the possession of which is to be authorised by the licence; and (c) has access to secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and (d) is not prevented under this or another Act or by an order of a Magistrates Court or another court from holding the licence; and (e) is a fit and proper person to hold a licence; and (f) has a reason mentioned in section 11 to possess the weapon or category of weapon; and (g) resides only in Queensland. A licence may be issued to a body, whether incorporated or unincorporated, pursuant to subsection 11(3) of the Act. A licence enabling the licensee to carry on a business may be issued only if it is endorsed with the place at which the business is to be carried on. If the business is to be carried on at more than 1 place, a separate application for each place must be made and a separate licence for each place issued. For details on whether a person is a fit and proper person to hold a licence, refer to section 10B of the Act. Pursuant to this section: In deciding or considering, for the issue, renewal, suspension or revocation of a licence, whether a person is, or is no longer, a fit and proper person to hold a licence, an authorised officer must consider, among other things: (a) the mental and physical fitness of the person; and (b) whether a domestic violence order has been made against the person; etc. The following are reasons for possession of a weapon (as set out in section 11 of the Act): (a) sports or target shooting; (b) recreational shooting; (c) an occupational requirement, including an occupational requirement for rural purposes; (d) the collection, preservation or study of weapons; (e) another reason prescribed under a regulation – see regulation 7 of the Weapons Regulation 2016. For details on the types of licences which may be applied for, see section 12 of the Act. For the application process for a licence, see section 13 of the Act. The term of a licence is provided by section 20 of the Act to be either 10 or 5 years. Certain licenses may be transferred pursuant to section 21 of the Act. It is a condition of each licence that a licensee must, within 14 days of the happening of an event, advise an officer in charge of police of the change and the particulars of the change the officer reasonably requires. The events include: (i) a change of address; (ii) a change in the licensee’s mental or physical fitness; (iii) the conviction of the licensee; (iv) the making of a domestic violence order against the licensee (among other events) – for a full listing, refer to section 24 of the Act. A licence authorises a licensee to possess and use a weapon or category of weapon endorsed on the licence for any lawful purpose. For the definition of ‘place’ and ‘weapon’, refer to Schedule 2 of the Act. For situations where the Act does not apply, refer to section 2 of the Act.
- Sections 2, 5, 9, 10, 10A, 10B, 10C, 11, 12, 13, 14, 15, 16, 18, 18AA, 18AB, 18A, 18B, 18C, 19, 20, 21, 24, 31, 49A, 50, 50A, 75, 76, 77, 78, 81, 82, Schedule 2; Regulations 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 17, 18, 29, 34, 47, 48, 49, 50, 51, 59, 158, Schedule 2 of the Weapons Regulation 2016
If a person is a licensee and is named as the respondent in a temporary protection order, the licence is suspended while the temporary protection order is in force. Further, if a person is a licensee and is named as the respondent in a protection order, the licence is revoked. If the respondent is present in court when the court makes the domestic violence order and the respondent has a weapons licence or a weapon, section 29B of the Act takes effect.
- Sections 27A, 28A, 29A, 29B, 34AA
A person may acquire a weapon only if: (a) the person is a licensed dealer; or (b) the person is the holder of a permit to acquire the weapon and acquires the weapon – (i) from or through a licensed dealer; or (ii) through a police officer in circumstances prescribed under a regulation; or (c) the person acquires the weapon under other lawful authority, justification or excuse. For details on a permit to acquire and the application process, refer to sections 38, 39 and 40 of the Act. For the definition of ‘dealer’, refer to Schedule 2 of the Act.
- Sections 5, 35, 38, 39, 40, 41, 42, 43, 44, 45, Schedule 2; Regulations 54, 99, 100, 101, 102, 103, 105 of the Weapons Regulation 2016
A person must not sell or otherwise dispose of a weapon unless: (a) the person sells or otherwise disposes of the weapon to a licensed dealer; or (b) the person sells or otherwise disposes of the weapon to another person who is the holder of a permit to acquire the weapon and the sale or disposal happens – (i) through a licensed dealer; or (ii) through a police officer in circumstances prescribed under a regulation; or (c) the person sells or otherwise disposes of the weapon under other lawful authority, justification or excuse.
- Section 36; Regulations 102, 104 of the Weapons Regulation 2016
If a person advertises the sale of the person’s firearm, the person must state in the advertisement the firearm’s serial number, if any.
- Section 37
A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse. It is a reasonable excuse to physically possess a knife: (a) to perform a lawful activity, duty or employment; or (b) to participate in a lawful entertainment, recreation or sport; or (c) for lawfully exhibiting the knife; or (d) for use for a lawful purpose.
- Section 51
A minor who is at least 11 years may have physical possession of and use a category A or B weapon or a category M crossbow in a place where it is lawful to physically possess and use a category A or B weapon or a category M crossbow if: (a) the minor is under the direct and immediate supervision of a parent, guardian or another person who is acting in the place of a parent or guardian; and (b) the parent, guardian or other person is licensed to possess the weapon.
- Section 52
A person (a) who is not a licensee; or (b) who is a licensee but is not authorised to possess the weapon the person proposes to physically possess and use – may physically possess and use a weapon at an approved range for the category of weapon if, immediately before possessing and using the weapon, the person: (a) produces for the inspection of a range officer at the range photographic identification identifying the person; and (b) completes and signs an approved form stating the following and gives the form to the range officer: (i) the person’s name, residential address and date of birth; (ii) that the person is a licensee or is not an excluded person; (iii) the date and time the declaration is completed. Note: The range officer must ensure the person is supervised by the range officer or another range officer at all times when the person is in physical possession of the weapon.
- Section 53
A person who is an agent, employee or member of the immediate family of the primary producer may possess or use a weapon on the primary producer’s land, even if the person does not hold a licence for that category of weapon, if the person: (a) assists the primary producer with primary production on the land; and (b) is eligible to obtain a licence to possess a weapon; and (c) only uses the weapon with the express consent of the primary producer; and (d) only uses the weapon in connection with carrying out primary production on the land. For the definition of ‘primary producer’, refer to Schedule 2 of the Act.
- Sections 5, 54, Schedule 2; Regulation 164 of the Weapons Regulation 2016
A person using a shooting gallery may physically possess and use a weapon allowed under the conditions of approval of the shooting gallery, even if the person is not the holder of a licence for the category of weapon. However, a person conducting a shooting gallery must not allow the customer to physically possess and use the weapon unless the customer: (a) for a shooting gallery being used for paint-pellet sports—is at least 15 years; or (b) for a shooting gallery not being used for paint-pellet sports—is at least 11 years.
- Section 55
A person may have physical possession of and use a weapon supplied to the person by a theatrical ordnance supplier for use in a theatrical, film or television production if the use is personally supervised by the supplier.
- Section 55A
A person must not, without reasonable excuse, discharge a weapon on or across private land without the express consent of the owner.
- Section 56
A person must not, without reasonable excuse, carry a weapon exposed to view in a public place.
- Section 57
A person must not: (a) without reasonable excuse; and (b) by the physical possession or use of a weapon; engage in conduct, alone or with another, likely to cause (c) death or injury to a person; or (d) unlawful destruction or damage to property; or (e) alarm to another person.
- Section 58
A person must not have physical possession of or use a weapon if the person is under the influence of liquor or a drug.
- Section 59
A licensee who has control of a weapon at a place must keep the weapon in secure storage facilities at the place when a person is not in physical possession of the weapon. In addition, the registered owner of a firearm must ensure that secure storage facilities for the firearm are available at the place shown in the firearms register as the place where the firearm is generally kept. For the definition of ‘firearm’, refer to Schedule 2 of the Act.
- Sections 5, 60, Schedule 2; Regulations 94, 95, 96 of the Weapons Regulation 2016
A person must not, without reasonable excuse, possess or acquire a restricted item. For what constitutes a ‘restricted item’, refer to regulation 9 of the Weapons Categories Regulation 1997.
- Section 67; Regulation 9 of the Weapons Categories Regulation 1997; Regulations 142, 143 of the Weapons Regulation 2016
A person must not deal in weapons in the course of business, unless the person is a licensed dealer.
- Section 68
A person or body of persons must not conduct an arms fair unless the conduct of the arms fair has been approved by an authorised officer. For approval application details, refer to section 80 of the Act.
- Sections 79, 80; Regulations 106, 107, 171 of the Weapons Regulation 2016
A person must not conduct a shooting club for the sport of target shooting unless the shooting club is an approved shooting club. Application may be made to an authorised officer to grant a shooting club permit pursuant to section 86 of the Act.
- Sections 85, 86, 87, 88, 89, 90, 91, 93, 97, 98A, 98B, 99, 100, 101, 102, 103, 108, 109, 110; Regulations 121, 139, 140, 141, 171 of the Weapons Regulation 2016
A person must not conduct a shooting gallery at any time without the approval of an authorised officer to conduct that gallery.
- Sections 111, 112, 113; Regulations 122, 171 of the Weapons Regulation 2016
A person must not supply or have possession for the purpose of supply of any replica of a weapon in the production of a theatrical, motion picture or television production without first obtaining a theatrical ordnance supplier’s licence. For the definition of ‘replica’, refer to section 6A of the Act.
- Sections 6A, 115, 117, 118, 119; Regulations 39, 40 of the Weapons Regulation 2016
A person must not, in performing duties as a security guard, physically possess a weapon unless the person holds a security licence (guard). A person may be issued with a security licence (guard) only if the person has completed an approved safety training course (security guard). For the definition of ‘security guard’, refer to section 6B of the Act.
- Sections 6B, 123, 124, 125, 126, 126A; Regulations 61, 62, 63, 64, 67, 68, 69, 70 of the Weapons Regulation 2016
A security organisation must not: (a) possess a weapon; or (b) allow an employee to have physical possession of a weapon while performing duties for the organisation; unless the security organisation has been issued with a security licence (organisation).
- Sections 127, 128; Regulations 72, 73, 74, 75, 76 of the Weapons Regulation 2016
Where a person is convicted of an offence or is the subject of any order against the law of the State, the court may, in addition to any other penalty imposed by that law, do any 1 or more of the following: (a) declare any licence, permit to acquire or approval held by the person convicted to be revoked; (b) disqualify the person from holding or obtaining a licence or approval or from being a representative of a licensee or holder of approval under this Act for a period specified by the court; (c) order that any weapon, ammunition, antique firearm, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow owned or in the possession of that person is forfeited to the Crown.
- Section 155
The Crown is liable for a tort committed by any police officer acting, or purporting to act, in the execution of duty as a police officer under this Act in like manner as an employer is liable for tort committed by the employer’s servant in the course of employment. Note: If a police officer incurs liability in law for a tort committed by the police officer in the course of rendering assistance, directly or indirectly, to a person suffering, or apparently suffering, from illness or injury in circumstances that the officer reasonably considers to constitute an emergency, and if the officer acted therein in good faith and without gross negligence, the Crown is to indemnify and keep indemnified the officer in respect of that liability. Pursuant to section 166 of the Act, The Crown may pay: (a) the whole or part of damages, other than damages in the nature of punitive damages, and costs awarded against any police officer in proceedings with respect to a tort committed by the police officer acting, or purporting to act, in the execution of duty under this Act; and (b) the whole or part of costs incurred, and not recovered, by the police officer in the proceedings.
- Sections 165, 166
A landowner does not incur any liability merely because the landowner provides a person with written permission to shoot on the landowner’s land.
- Section 168
If a landowner provides written permission to shoot on the landowner’s rural land: (a) to a person or body for a fee or reward; or (b) to more than 50 persons or bodies, the landowner must keep a permit register stating: (a) the name and address of the person or body to whom permission was given; and (b) the date permission was given; and (c) if the permission was limited by time – the day the permission ends. For the definition of ‘rural land’, refer to Schedule 2 of the Act.
- Sections 5, 168A, Schedule 2
A blank-fire firearms licence may be issued to: (a) an individual; or (b) a theatrical organisation; or (c) an athletic or other sporting organisation. A blank-fire firearms licence held by an individual authorises the licensee to physically possess and use, for an authorised purpose, any weapon of the category endorsed on the licence that is a blank-fire firearm and is owned by the licensee. A similar licence may be issued to an organisation. Pursuant to subregulation 21(4) of the Weapons Regulations 2016, ‘authorised purpose’ is defined to mean (a) for an individual who applied for the licence for theatrical productions – for use in theatrical productions; or (b) for a theatrical organisation – for use in theatrical productions in the conduct of the organisation’s activities; or (c) for an individual who applied for the licence to start sporting events – for starting sporting events; or (d) for a sporting organisation – for starting sporting events in the conduct of the organisation’s activities.
- Regulation 21 of the Weapons Regulation 2016
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.
- Regulation 93 of the Weapons Regulation 2016
A person must not conduct a weapons club unless it is approved by an authorised officer (an approved weapons club). A weapons club means a crossbow club or a recreational shooting club. An application for approval is made pursuant to regulation 125 of the Weapons Regulation 2016.
- Regulations 123, 124, 125, 126, 128, 129, 130, 131, 137, 171 of the Weapons Regulation 2016
Reason for law
To prevent the misuse of weapons. (Section 3)
Pursuant to section 8A of the Act, Notes form part of the Act. This may not be a common practice.
Sections 155, 165 and 166 contain the term ‘Crown’. This term may be replaced with a modern alternative.
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