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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Firearms Amendment (Airsoft) Bill 2019
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 4 amended 2
5. Section 4A inserted 3
4A. Airsoft markers 3
6. Section 8 amended 4
7. Section 11A amended 5
8. Section 19AA amended 5
9. Section 23 amended 5
146--1 page i
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon. Mr Aaron Stonehouse, MLC)
Firearms Amendment (Airsoft) Bill 2019
A Bill for
An Act to amend the Firearms Act 1973.
The Parliament of Western Australia enacts as follows:
page 1
Firearms Amendment (Airsoft) Bill 2019
s. 1
1 1. Short title
2 This is the Firearms Amendment (Airsoft) Act 2019.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the Firearms Act 1973.
11 4. Section 4 amended
12 In section 4 insert in alphabetical order:
13
14 airsoft means a game in which players attempt to shoot
15 at one another or other targets with airsoft markers
16 using airsoft pellets;
17 airsoft marker has the meaning given in section 4A(1);
18 airsoft pellets means spherical pellets that --
19 (a) are at least 6 mm and not greater than 8 mm in
20 diameter; and
21 (b) are at least 0.12 gm and not greater than 0.5 gm
22 in weight; and
23 (c) are made of plastic or biodegradable materials;
24 and
25 (d) are designed to be discharged or propelled from
26 an airsoft marker;
27
page 2
Firearms Amendment (Airsoft) Bill 2019
s. 5
1 5. Section 4A inserted
2 After section 4 insert:
3
4 4A. Airsoft markers
5 (1) In this Act --
6 airsoft marker means a firearm, whether or not it has a
7 military appearance, that --
8 (a) is powered by gas, battery or spring or as
9 otherwise prescribed; and
10 (b) if it has a fully automatic operation -- is
11 designed to discharge or propel airsoft pellets
12 with a pellet energy not greater than 1.3 joules;
13 and
14 (c) if it has any other kind of operation, including a
15 semi-automatic operation -- is designed to
16 discharge or propel airsoft pellets with a pellet
17 energy not greater than 2.5 joules; and
18 (d) subject to subsection (2), is marked --
19 (i) with 3 bands, each band being at least
20 1 cm wide and coloured bright green,
21 bright pink, bright orange or bright
22 yellow (whether the bands are the same
23 colour or any combination of colours);
24 and
25 (ii) if it has a muzzle -- as described in
26 subparagraph (i) and with bright orange
27 around the tip of the muzzle.
28 (2) Paragraph (d) of the definition of airsoft marker in
29 subsection (1) does not apply to an airsoft marker while
30 it is being used in the playing of airsoft in accordance
31 with a licence or permit under this Act.
page 3
Firearms Amendment (Airsoft) Bill 2019
s. 6
1 (3) A reference in this Act to the identification of a
2 firearm, including a reference to an identification mark
3 or a serial number, is taken to be, in relation to an
4 airsoft marker, a reference to a prescribed means of
5 identification of the airsoft marker.
6
7 6. Section 8 amended
8 (1) In section 8(1):
9 (a) after paragraph (ma) insert:
10
11 (maa) by a person who, at a venue that is approved
12 and properly constructed and maintained for the
13 playing of airsoft, is in possession of, handles
14 or uses an airsoft marker or airsoft pellets --
15 (i) with the permission of the owner of the
16 airsoft marker; or
17 (ii) if the owner of the airsoft marker is an
18 approved club or other approved
19 organisation, as a member of that club
20 or other organisation;
21
22 (b) in paragraph (mb) delete "pellets;" and insert:
23
24 pellets or airsoft pellets;
25
26 (2) After section 8(1) insert:
27
28 (1A) A venue may be approved for the purposes of
29 subsection (1)(maa) whether the venue is to be used for
30 the playing of airsoft on an ongoing basis or for a
31 limited period.
32
page 4
Firearms Amendment (Airsoft) Bill 2019
s. 7
1 7. Section 11A amended
2 After section 11A(2)(da) insert:
3
4 (db) in the case of an airsoft marker, it is required by
5 the person to conduct or engage in airsoft in
6 accordance with this Act; or
7
8 8. Section 19AA amended
9 In section 19AA(2) delete "gun," and insert:
10
11 gun or an airsoft marker,
12
13 9. Section 23 amended
14 (1) After section 23(5a) insert:
15
16 (5B) Subsection (5)(c) does not apply to an airsoft marker
17 where the alteration is in accordance with the
18 manufacturer's design and is effected by the addition
19 of a commercially produced product.
20
21 (2) In section 23(8) delete "subsection (8a)," and insert:
22
23 subsection (8a) or (8B),
24
25 (3) After section 23(8a) insert:
26
27 (8B) A player of airsoft being conducted in accordance with
28 a licence or permit under this Act does not commit an
29 offence under subsection (8) if the person points an
page 5
Firearms Amendment (Airsoft) Bill 2019
s. 9
1 airsoft marker, as identified in that licence or permit, at
2 another person while playing the game.
3
4 (4) In section 23(12) after "paintball" insert:
5
6 or airsoft
7
8
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