An Ordinance to regulate the manufacture, possession and use of
weapons in the Territory
Part 1 Preliminary
1 Name
of Ordinance [see Note
1]
This Ordinance is the Weapons Ordinance 2001.
2 Commencement
This Ordinance commences on gazettal.
3 Repeals
(1) The Weapons
Ordinance 1993 is repealed.
(2) The following laws of the Australian Capital
Territory are repealed in their application to the Territory:
· Firearms
Act 1996
· Prohibited Weapons Act 1996.
4 Definitions
(1) In this Ordinance:
authorised AFMA officer means an officer within the meaning of paragraph (a) of
the definition of officer in subsection 4 (1) of the Fisheries
Management Act 1991.
Director means the Director of the Division.
Division means the Australian Antarctic
Division of the Department.
firearm means a device designed or adapted to
discharge shot, bullets or other projectiles by means of an explosive charge or
a compressed gas, whether fitted with a magazine or other feeding device or
not, but does not include the following devices:
(a) a nailing or stapling gun;
(b) an explosive‑powered fixing tool;
(c) a flare gun, or other signalling device,
designed for emergency or life‑saving purposes;
(d) a line‑thrower;
(e) a tranquilliser gun;
(f) a gun that operates a captive bolt for the
slaughter of animals;
(g) a device for the casting of weighted nets;
(h) an underwater powerhead.
Register means the register of weapons
established under section 19.
weapon means:
(a) a firearm; or
(b) a tranquilliser gun; or
(c) a crossbow; or
(d) an article of a kind mentioned in item 8, 9,
12, 13, 14, 18, 18A, 18B, 18C, 18D, 19, 19A, 20, 21, 22, 23 or 29A of Schedule
2 to the Customs (Prohibited Imports) Regulations 1956 of the
Commonwealth; or
(e) an article prescribed under subsection (2).
(2) For paragraph (e) of the definition of weapon
in subsection (1), the Minister may make regulations prescribing an article
that is designed or adapted, or is capable of being adapted to harm or
incapacitate a person or an animal.
5 Application
of this Ordinance
This Ordinance does not apply to the possession or
use of a weapon by any of the following persons in the performance of his or
her functions or duties:
(a) a police
officer who is on duty;
(b) a member of the Defence Force;
(c) an officer of the Australian Protective
Service;
(d) an officer of the Australian Customs Service;
(e) an authorised AFMA officer.
5A Application
of the Criminal Code
Chapter 2 of the Criminal Code applies to
offences against this Ordinance.
Note Chapter 2 of the Criminal Code
sets out the general principles of criminal responsibility.
Part 2 Possession,
use, manufacture and storage of weapons
6 Possession
and use of weapons
(1) A person must not
intentionally possess or intentionally use a weapon except as permitted under
section 7, 8 or 9.
Penalty: 300
penalty units.
(2) A person must not intentionally possess or
intentionally use an automatic or semi‑automatic weapon in the Territory.
Penalty: 300
penalty units.
7 When
possession of weapon is permitted
(1) A person may possess a weapon only if the
requirements of subsections (2), (3), (4), (5) and (6), as far as applicable,
are complied with.
(2) A person is permitted to possess a weapon only if:
(a) the weapon is:
(i) of a kind specified in a
declaration under section 14; and
(ii) for use by a person for the
project specified in the declaration; and
(b) the person:
(i) is working on the project; or
(ii) has manufactured the weapon for
the project in accordance with an approval under section 13.
(3) If the weapon was acquired by the person in a State
or an internal Territory and is of a kind that must be registered in that State
or Territory, the weapon must be registered in that State or Territory.
(4) If the weapon is of a kind for which a licence or
permit is required in the State or internal Territory in which the weapon is
registered, the person must hold a licence or permit in a State or an internal
Territory for a weapon of that kind.
(5) If the weapon was manufactured in the Territory, the
weapon must have been manufactured in accordance with an approval given under
section 13.
(6) The person must be registered as the owner of the
weapon:
(a) in the Register; and
(b) if subsection (3) applies to the
weapon — in the State or Territory in which the weapon is registered.
8 Authorisation
by employee of Division
(1) An employee of the Division may, in accordance with
this section, authorise a person to possess or use a weapon referred to in
subsection (2).
(2) For subsection (1), the weapon must be owned by the
Division and registered in the employee’s name in a State or an internal
Territory.
(3) An employee of the Division must not authorise a
person to possess or use a weapon unless:
(a) the person requires the weapon for a purpose
mentioned or referred to in subsection 7 (2); and
(b) if the weapon is of a kind for which a licence
or permit is required in the State or internal Territory in which the weapon is
registered — the person holds a licence or permit in a State or an
internal Territory for a weapon of that kind; and
(c) if the weapon was manufactured in the
Territory — the weapon was manufactured in accordance with an approval
given under section 13.
(4) An authorisation must:
(a) be in writing; and
(b) be signed by the employee and the person to
be authorised; and
(c) include details of the weapon sufficient to
identify it; and
(d) include the name, address, date of birth and
sex of the person to be authorised; and
(e) if the weapon is of a kind for which a
licence or permit is required in a State or an internal Territory —
include details of the licence or permit held by the person to be authorised.
(5) If an employee of the Division authorises a person
under subsection (1), the employee must send a copy of the authorisation
to the Director as soon as practicable.
(6) If the employee refuses to authorise a person, the
employee must give written notice to the person of:
(a) the refusal; and
(b) the reasons for the refusal.
9 Use
of weapons
A person is permitted to use a weapon if:
(a) the weapon is of a kind specified in a
declaration under section 14; and
(b) the person is permitted, under section 7 or
8, to possess the weapon; and
(c) the weapon is used for the project specified
in the declaration.
10 Contravention
of licence conditions
A person who holds a licence or permit (being a
licence or permit that is subject to a condition) for a weapon must not
intentionally contravene the condition:
(a) if the person
knows of the existence and terms of the condition; or
(b) is reckless as
to whether the condition exists, or as to its terms.
Penalty: 50 penalty units.
11 Manufacture
of weapons
(1) A person must not intentionally:
(a) manufacture a
firearm in the Territory; or
(b) arrange for a
firearm to be manufactured in the Territory.
Penalty: 300 penalty units.
(2) A person must not, without the Director’s approval
under section 13:
(a) manufacture a weapon in the Territory; or
(b) arrange for a weapon to be manufactured in
the Territory.
Penalty: 50 penalty units.
(3) A person who
manufactures a weapon in the Territory, or arranges for a weapon to be
manufactured in the Territory, must tell the Director in writing about the
manufacture as soon as possible.
Penalty: 50 penalty units.
(4) A contravention of subsection (2) or (3) is an
offence of strict liability (within the meaning given by section 6.1 of the Criminal
Code).
12 Application
for approval to manufacture weapons
(1) A person may apply to the Director for approval to
manufacture a weapon other than a firearm in the Territory, or to arrange for a
weapon other than a firearm to be manufactured in the Territory, for:
(a) a project
mentioned in a declaration under section 14; or
(b) a project for which the person has applied
for a declaration under section 14.
(2) An applicant for an approval under
subsection (1) must specify the kind of weapon to be manufactured and the
project for which the weapon is to be used.
13 Approval
to manufacture weapon
(1) The Director may approve or refuse to approve an
application under section 12.
(2) However, if the weapon to be manufactured is of a kind
for which a licence or permit is required in a State or an internal Territory,
the Director must not approve an application unless the applicant holds a
licence or permit for that kind of weapon in the State or the internal
Territory.
(3) An approval under subsection (1) must:
(a) specify the kind of weapon to be
manufactured and the project for which the weapon may be used; and
(b) be published in the Gazette.
(4) If the Director refuses an application, the Director
must give written notice to the applicant of:
(a) the refusal; and
(b) the reasons for the refusal.
14 Declaration
of scientific project
(1) If there are reasonable grounds for believing that a
project is advantageous to scientific research, the Director may declare that:
(a) the project is advantageous to scientific
research; and
(b) a kind of weapon specified in the declaration
may be used for the project by a person working on the project.
(2) A person may apply to the Director for a declaration
under subsection (1).
(3) A declaration under subsection (1) must be
published in the Gazette.
(4) If the Director refuses an application for a
declaration, the Director must give written notice to the applicant of:
(a) the refusal; and
(b) the reasons for the refusal.
15 Movement
of weapons into and out of Territory
(1) A person who brings a
weapon into the Territory must tell the Director in writing as soon as
practicable after entering the Territory that he or she has done so.
Penalty: 50 penalty units.
(2) A person who takes a
weapon out of the Territory must tell the Director in writing as soon as
practicable after leaving the Territory that he or she has done so.
Penalty: 50 penalty units.
(3) A contravention of
subsection (1) or (2) is an offence of strict liability (within the meaning
given by section 6.1 of the Criminal Code).
Note The Customs (Prohibited Imports)
Regulations 1956 apply to the importation of certain kinds of weapons into
Australia from the Territory. If weapons are returned to Australia from the
Territory, the importation must comply with those regulations.
16 Safekeeping
of weapons
(1) A person who possesses a weapon must take reasonable
precautions to ensure that the weapon:
(a) is not lost or stolen; and
(b) does not come
into the possession of a person who is not permitted to possess it.
Penalty: 120 penalty units.
(2) A person contravenes subsection (1) if the person
intentionally does an act or omits to do an act, and is reckless as to whether
the act or omission may result in the weapon:
(a) being lost or stolen; or
(b) coming into the possession of a person who is
not permitted to possess the weapon.
17 Storage
of weapons and ammunition
(1) If a person possesses a weapon, and the weapon is
not being used or carried, the person must store it in a locked container:
(a) made of hard wood or steel of a thickness
that is not easily penetrable; and
(b) if weighing less than 150 kilograms when
empty — fixed to the floor or wall so that it cannot be easily moved; and
(c) held closed
by locks of solid metal.
Penalty: 50 penalty units.
(2) A person who possesses a weapon and ammunition for
it must store the ammunition in a locked container separate from any weapon.
Penalty: 50 penalty units.
(3) A contravention of subsection (1) or (2) is an
offence of strict liability (within the meaning given by section 6.1 of
the Criminal Code).
18 Transport
of weapons and ammunition
(1) If:
(a) a person intends to take a weapon on to a
ship; and
(b) the ship is in, or bound for, the Territory;
the person must tell the master of the ship, before boarding the
ship, of his or her intention to take a weapon onto the ship.
Penalty: 50
penalty units.
(2) If:
(a) a person takes a weapon on to a ship; and
(b) the ship is in, or bound for, the Territory;
the person must store the weapon and its ammunition (if any) as
directed by the master.
Penalty: 50 penalty units.
Note A ship’s master may be authorised
under other legislation to refuse to allow the weapon on board.
(3) If:
(a) a person intends to take a weapon on board
an aircraft; and
(b) the aircraft
is in, or bound for, the Territory;
the person must tell the captain of the aircraft, before boarding
the aircraft, of his or her intention to take a weapon into the aircraft.
Penalty: 50 penalty units.
(4) If:
(a) a person takes a weapon on board an
aircraft; and
(b) the aircraft is in, or bound for, the
Territory;
the person must store the weapon and its ammunition (if any) as
directed by the captain.
Penalty: 50 penalty units.
Note An aircraft captain may be
authorised under other legislation to refuse to allow the weapon on board.
(5) A contravention of subsection (1), (2), (3) or (4)
is an offence of strict liability (within the meaning given by section 6.1
of the Criminal Code).
Part 3 Register of weapons
19 Register
of weapons
(1) The Director must compile and keep a register of
weapons in the Territory, including weapons manufactured in the Territory.
(2) The register must include the following information,
as far as applicable, for each weapon:
(a) details of the weapon, including its serial
number (if any), sufficient to identify the weapon;
(b) if the weapon is a firearm — the
identifying number of any spare barrel for the firearm, if that barrel and the
firearm are of a different calibre;
(c) if the weapon is registered in a State or an
internal Territory:
(i) the name of the State or
Territory; and
(ii) the name, address, date of birth
and sex of the person registered in the State or Territory as the owner of the
weapon;
(d) if a person is registered in a State or an
internal Territory as the owner of the weapon and the weapon is of a kind for
which a licence or permit is required in that State or internal
Territory — details of the grant to the person of a licence or permit for
a weapon of that kind, and of any renewal, suspension, cancellation or
surrender of that licence or permit;
(e) if the weapon is not registered in a State
or an internal Territory — the name, address, date of birth and sex of the
owner of the weapon and, if applicable, details of the licence or permit held
by the person for a weapon of that kind;
(f) if an employee in the Division has, under
section 8, authorised another person to use the weapon:
(i) the name, address, date of birth
and sex of the other person; and
(ii) if applicable, details of the
licence or permit held by the person for a weapon of that kind;
(g) the date when the person recorded in the
Register as the owner of the weapon acquired or disposed of the weapon, and the
name and address of the person from whom it was acquired or to whom it was
disposed of.
(3) The Register may be kept by means of a computer.
Part 4 Administrative review
20 Review
of decisions made by employee of Division
(1) A person may apply to the Director for review of a
decision by an employee in the Division to refuse to authorise the person under
section 8 to possess or use a weapon.
(2) An application under subsection (1) must:
(a) be in writing; and
(b) be made within 28 days after the person receives
notice of the employee’s decision; and
(c) set out the person’s reasons for applying
for review.
(3) If the Director receives a request for review
mentioned in subsection (1), the Director must review the decision and may
confirm, revoke or vary the decision.
(4) As soon as practicable after the Director confirms,
revokes or varies the decision, the Director must give the applicant written
notice of:
(a) the decision; and
(b) the reasons for the decision.
(5) A failure to comply with subsection (4) in
relation to the confirmation, revocation or variation of a decision does not
affect the validity of the confirmation, revocation or variation.
21 Review
of decisions made by Director
A person may apply to the Administrative Appeals
Tribunal for review of a decision by the Director:
(a) to refuse to approve the manufacture of a
weapon under section 13; or
(b) not to make a declaration under section 14;
or
(c) to confirm, revoke or vary the decision of
an employee under section 20.