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This is a Bill, not an Act. For current law, see the Acts databases.


WEAPONS BILL 1998

                   Western Australia



            Weapons Bill 1998


                     CONTENTS




               Part 1 -- Preliminary
1.     Short title                                          2
2.     Commencement                                         2
3.     Interpretation                                       2
4.     Relationship to other laws                           3
5.     Crown bound                                          3

                 Part 2 -- Offences
6.     Prohibited weapons                                   4
7.     Controlled weapons                                   4
8.     Other articles carried or possessed as weapons       5
9.     Section 25 of The Criminal Code not affected         6
10 .   Exceptions                                           7
11 .   Proof of exceptions or lawful excuses                8

               Part 3 -- Enforcement
12 .   Interpretation                                       9
13 .   Search and seizure without a warrant                 9

                                                        page i
                       166 -- 2
Weapons Bill 1998




      14 .      Search and seizure with a warrant                   10
      15 .      Retaining something seized but not forfeited        11
      16 .      Forfeiture and delivery of a weapon on conviction   11
      17 .      Forfeiture and delivery of a weapon other than on
                conviction                                          12
      18 .      Disposal of a forfeited weapon                      13
      19 .      Commissioner may delegate a function                14

                       Part 4 -- Miscellaneous
      20 .      Regulations                                         15
      21 .      Miscellaneous amendments                            15

             Schedule 1 -- Miscellaneous amendments
      1.        Firearms Act 1973                                   16
      2.        Police Act 1892                                     16




page ii
                           Western Australia



                      LEGISLATIVE COUNCIL

                      (As amended in Committee)




                    Weapons Bill 1998
                               A Bill for


An Act to prohibit the bringing or sending into the State, carriage,
possession, purchase, sale, supply and manufacture of certain
weapons, to control the carriage and possession of other weapons, to
amend --
     •      the Firearms Act 1973; and
     •      the Police Act 1892,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Weapons Bill 1998
     Part 1       Preliminary

     s. 1



                                Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Weapons Act 1998.

     2.         Commencement
 5        (1)   Subject to subsection (2), this Act comes into operation on such
                day as is fixed by proclamation.
          (2)   Sections 6, 7 and 8 and item 2 of Schedule 1 come into
                operation on the day 6 months after the day fixed under
                subsection (1).

10   3.         Interpretation
                In this Act, unless the contrary intention appears --
                "article" includes a liquid or gas;
                "carry" includes to have on or about one's person;
                "controlled weapon" means --
15                   (a)   an article prescribed by regulations to be a controlled
                           weapon; or
                     (b)   any other article, not being a firearm or a prohibited
                           weapon, made or modified to be used --
                               (i)    to injure or disable a person;
20                            (ii)    to cause a person to fear that someone will be
                                      injured or disabled by that use; or
                              (iii)   for attack or defence in the practice of a
                                      martial sport, art or similar discipline;




     page 2
                                                           Weapons Bill 1998
                                                     Preliminary      Part 1

                                                                            s. 4



          "conveyance" means anything used or capable of being used to
              transport people or goods by air, land or water and it does
              not matter how it is propelled or that it may ordinarily be
              stationary;
 5        "defence" means self-defence, defence of another or defence of
              property;
          "firearm" has the same meaning as in section 4 of the Firearms
               Act 1973;
          "possess" includes to have control or dominion over and to have
10            the order or disposition of;
          "prohibited weapon" means an article prescribed by regulations
              to be a prohibited weapon;
          "weapon" means a prohibited weapon, a controlled weapon or
             an article to which section 8 applies.

15   4.   Relationship to other laws
          This Act is in addition to and not instead of any other written
          law relating to weapons.

     5.   Crown bound
          This Act binds the Crown in right of the State and, so far as the
20        legislative power of Parliament permits, in all its other capacities.




                                                                        page 3
     Weapons Bill 1998
     Part 2       Offences

     s. 6



                                Part 2 -- Offences
     6.         Prohibited weapons
          (1)   Except as provided in subsections (2) and (3) and section 10, a
                person who --
 5                (a)   brings or sends a prohibited weapon into the State;
                 (b)    carries or possesses a prohibited weapon;
                  (c)   purchases, sells or supplies a prohibited weapon; or
                 (d)    manufactures a prohibited weapon,
                or attempts to do any of those things, commits an offence.
10              Penalty: $8 000 or imprisonment for 2 years.
          (2)   A person does not commit an offence under subsection (1)(b) if
                the person carries or possesses the prohibited weapon only so as
                to deliver it into the custody of --
                  (a)   a member of the Police Force; or
15               (b)    an employee in the Police Service.
          (3)   A person does not, by doing or attempting to do something
                referred to in subsection (1), commit an offence against that
                subsection if it is for the purpose of fulfilling a contract for the
                provision of a prohibited weapon to a person who may lawfully
20              possess it.

     7.         Controlled weapons
          (1)   Except as provided in section 10, a person who, without a lawful
                excuse, carries or possesses a controlled weapon commits an
                offence.
25              Penalty: $4 000 or imprisonment for one year.



     page 4
                                                                  Weapons Bill 1998
                                                              Offences       Part 2

                                                                                   s. 8



          (2)   Except as provided in section 10, a person who has a lawful
                excuse to carry or possess a controlled weapon commits an
                offence if the person carries or possesses it in a manner that
                could reasonably be expected to cause someone --
 5                (a)   to be injured or disabled; or
                 (b)    to fear that someone will be injured or disabled.
                Penalty: $4 000 or imprisonment for one year.
          (3)   In this section a lawful excuse to carry or possess a controlled
                weapon does not include the excuse that the weapon is carried
10              or possessed for defence.
          (4)   Subsection (3) does not apply to a controlled weapon of a kind
                prescribed for the purposes of this subsection as long as it is
                carried or possessed in such circumstances, if any, as the
                regulations may prescribe.
15        (5)   Regulations under subsection (4) may apply generally or to a
                particular person or class of persons.

     8.         Other articles carried or possessed as weapons
          (1)   Except as provided in subsections (3) and (5) and section 10, a
                person who carries or possesses an article, not being a firearm, a
20              prohibited weapon or a controlled weapon, with the intention of
                using it, whether or not for defence --
                  (a)   to injure or disable any person; or
                 (b)    to cause any person to fear that someone will be injured
                        or disabled by that use,
25              commits an offence.
                Penalty: $4 000 or imprisonment for one year.




                                                                            page 5
     Weapons Bill 1998
     Part 2       Offences

     s. 9



          (2)   A person is presumed to have had the intention referred to in
                subsection (1) if --
                  (a)   the article was carried or possessed in circumstances that
                        give reasonable grounds for suspecting that the person
 5                      had the intention; and
                 (b)    the contrary is not proved.
          (3)   A person does not commit an offence under subsection (1) if the
                person carries or possesses the article at the person's dwelling
                for the purpose of using it in lawful defence at the dwelling in
10              circumstances that the person has reasonable grounds to
                apprehend may arise.
          (4)   In subsection (3) --
                "dwelling" has the same meaning as in section 1 of The
                   Criminal Code.
15        (5)   A person who has the immediate control of a business does not
                commit an offence under section 8(1) if the person carries or
                possesses the article at a part of the business premises --
                  (a)   that is not in the view of the public; and
                 (b)    to which the public does not usually have access,
20              for the purpose of using it in lawful defence at the business
                premises in circumstances that the person has reasonable
                grounds to apprehend may arise.

     9.         Section 25 of The Criminal Code not affected
                Sections 7(3) and 8(1) do not affect the operation of sections 25
25              and 31 of The Criminal Code.




     page 6
                                                                 Weapons Bill 1998
                                                             Offences       Part 2

                                                                                s. 10



     10.         Exceptions
           (1)   A person does not commit an offence under section 6, 7 or 8
                 only because of something done by the person in the
                 performance of the person's functions as --
 5                (a)   a member of the Police Force;
                  (b)   a special constable appointed under Part III of the Police
                        Act 1892;
                  (c)   an employee in the Police Service; or
                  (d)   a person --
10                        (i)    engaged to provide a service to the Police Force;
                                 or
                          (ii)   called upon to assist a member of the Police
                                 Force or a special constable appointed under
                                 Part III of the Police Act 1892.
15         (2)   A person does not commit an offence under section 6 or 7(1)
                 only because of something done by the person in the
                 performance of the person's functions as --
                  (a)   the Western Australian Museum constituted under the
                        Museums Act 1969, a Trustee, member of staff or
20                      employee of the Museum or a person engaged to provide
                        a service to the Museum whether for remuneration or
                        not; or
                  (b)   a person establishing or maintaining a museum
                        recognized under Part IV of the Museums Act 1969 or a
25                      person employed in or engaged to provide a service to
                        such a museum whether for remuneration or not.
           (3)   A person does not commit an offence under section 6, 7 or 8 in
                 such circumstances, if any, as the regulations may prescribe.



                                                                            page 7
    Weapons Bill 1998
    Part 2       Offences

    s. 11



          (4)   Regulations under subsection (3) may apply generally or to a
                particular person or class of persons.

    11.         Proof of exceptions or lawful excuses
                In any proceedings against a person for an offence under
5               section 6, 7 or 8 the person has the burden of proving any
                exception under that section or section 10 or any lawful excuse
                on which the person seeks to rely.




    page 8
                                                                 Weapons Bill 1998
                                                          Enforcement       Part 3

                                                                                  s. 12



                              Part 3 -- Enforcement
     12.         Interpretation
           (1)   In this Part --
                 "Commissioner" means the Commissioner of Police;
 5               "juvenile justice team" means a juvenile justice team under
                     Division 2 of Part 5 of the Young Offenders Act 1994;
                 "offence" means an offence under section 6, 7 or 8.
           (2)   For the purposes of this Part a person is lawfully entitled to
                 possess something if --
10                 (a)   the person owns it or is authorized by the owner to
                         possess it; and
                  (b)    the possession is not prohibited by law or is authorized,
                         justified or excused by law.

     13.         Search and seizure without a warrant
15         (1)   A member of the Police Force may without a warrant stop,
                 detain and search anyone who the member suspects on
                 reasonable grounds to be --
                   (a)   committing an offence;
                  (b)    carrying a weapon relating to an offence; or
20                 (c)   carrying something else that will afford evidence as to
                         the commission of an offence.
           (2)   A member of the Police Force may without a warrant stop,
                 detain and search any conveyance where the member suspects on
                 reasonable grounds that there is located --
25                 (a)   a weapon relating to an offence; or
                  (b)    anything else that will afford evidence as to the
                         commission of an offence.

                                                                              page 9
     Weapons Bill 1998
     Part 3       Enforcement

     s. 14



           (3)   A member of the Police Force may without a warrant seize --
                   (a)   any weapon that the member suspects on reasonable
                         grounds relates to an offence; or
                  (b)    anything else that the member suspects on reasonable
 5                       grounds will afford evidence as to the commission of an
                         offence.

     14.         Search and seizure with a warrant
           (1)   If a justice is satisfied that there are reasonable grounds for
                 suspecting that there is located in a place --
10                 (a)   any weapon relating to an offence; or
                  (b)    anything else that will afford evidence as to the
                         commission of an offence,
                 the justice may grant a warrant of search and seizure in relation
                 to that place.
15         (2)   A warrant under subsection (1) authorizes any member of the
                 Police Force with such assistance as the member thinks
                 necessary and with such force as is reasonably necessary for the
                 execution of the warrant --
                   (a)   to enter the place at any time;
20                (b)    to search the place;
                   (c)   to stop, detain and search anyone at the place; and
                  (d)    to seize --
                           (i)   any weapon that the member suspects on
                                 reasonable grounds relates to an offence; or
25                        (ii)   anything else that the member suspects on
                                 reasonable grounds will afford evidence as to the
                                 commission of an offence.



     page 10
                                                                  Weapons Bill 1998
                                                           Enforcement       Part 3

                                                                                     s. 15



     15.         Retaining something seized but not forfeited
           (1)   A member of the Police Force may retain anything that has been
                 seized under this Act but that is not forfeited to the Crown if --
                   (a)   it is required for the investigation of an offence or the
 5                       prosecution of someone for an offence;
                  (b)    it relates to a matter that is being dealt with by a juvenile
                         justice team; or
                   (c)   no person has satisfied the Commissioner that the person
                         is lawfully entitled to possess it,
10               and a court has not ordered under section 16(1)(b) or 17(3) that
                 it be delivered to a person.
           (2)   If something is seized under this Act, but cannot be retained
                 under subsection (1) it is to be returned to the person from
                 whom it was seized unless it is required by an order under
15               section 16(1)(b) or 17(3) to be delivered to another person.

     16.         Forfeiture and delivery of a weapon on conviction
           (1)   A court convicting a person of an offence may order that a
                 weapon relating to the offence --
                   (a)   is forfeited to the Crown, whether or not the weapon has
20                       been seized and retained by a member of the Police
                         Force under this Act; or
                  (b)    be delivered to another person who is lawfully entitled to
                         possess the weapon if the weapon has been seized and
                         retained by a member of the Police Force under this Act.
25         (2)   A person claiming to be lawfully entitled to possess a weapon
                 relating to an offence may, in relation to an order under this
                 section --
                   (a)   be heard in the proceedings for the offence;


                                                                              page 11
     Weapons Bill 1998
     Part 3       Enforcement

     s. 17



                  (b)         make an application under section 136A of the Justices
                              Act 1902 as if the person were a party to the proceedings
                              for the offence; and
                  (c)         be an aggrieved person for the purposes of section 185
 5                            of the Justices Act 1902.

     17.         Forfeiture and delivery of a weapon other than on
                 conviction
           (1)   A person claiming to be lawfully entitled to possess a weapon
                 that has been seized and retained by a member of the Police
10               Force under this Act may, within 21 days of the relevant day,
                 apply to a court of petty sessions for an order that the weapon
                 be delivered to the person if --
                  (a)         no one is charged with an offence to which the weapon
                              relates; or
15                (b)         someone is charged with an offence to which the weapon
                              relates but upon the hearing and determination of every
                              such charge --
                                (i)   no one is convicted; or
                               (ii)   if someone is convicted, no order is made under
20                                    section 16(1).
           (2)   In subsection (1) --
                 "relevant day" in relation to a weapon that has been seized and
                      retained by a member of the Police Force under this Act
                      means --
25                      (a)      if no one is charged with an offence to which the
                                 weapon relates or dealt with by a juvenile justice team
                                 for a matter to which the weapon relates, the day of
                                 the seizure of the weapon;



     page 12
                                                                      Weapons Bill 1998
                                                               Enforcement       Part 3

                                                                                     s. 18



                         (b)      if no one is charged with an offence to which the
                                  weapon relates but someone is dealt with by a juvenile
                                  justice team for a matter to which the weapon relates,
                                  the day on which every such matter is finally disposed
 5                                of by the team; or
                         (c)      if someone is charged with an offence to which the
                                  weapon relates, the day on which every such charge
                                  has been heard and determined.
           (3)   A court hearing an application under subsection (1) may order
10               that the weapon be delivered to the person making the
                 application if the court is satisfied on the balance of probabilities
                 that the person is lawfully entitled to possess the weapon.
           (4)   A weapon is forfeited to the Crown if, in the circumstances set
                 out in subsection (1) --
15                 (a)         no application for the delivery of a weapon is made
                               within the time fixed by that subsection; or
                   (b)         an application for the delivery of a weapon is made
                               within the time fixed by that subsection but every such
                               application is dismissed.

20   18.         Disposal of a forfeited weapon
           (1)   Subject to subsection (2), if a weapon is forfeited to the Crown
                 under this Act the Commissioner may direct that the weapon be
                 sold, destroyed or otherwise disposed of in such manner as the
                 Commissioner thinks fit.
25         (2)   If a weapon is forfeited to the Crown --
                   (a)         by an order under section 16(1)(a); or
                   (b)         after an order dismissing an application under
                               section 17(1),



                                                                                 page 13
    Weapons Bill 1998
    Part 3       Enforcement

    s. 19



              the Commissioner is not to make a direction under
              subsection (1) before the expiration of the time allowed for
              instituting an appeal against the order or, if an appeal is lodged
              within that time, before the determination of the appeal.

5   19.       Commissioner may delegate a function
              The Commissioner may by instrument in writing delegate a
              function conferred on the Commissioner under this Part other
              than this power of delegation.




    page 14
                                                          Weapons Bill 1998
                                                 Miscellaneous       Part 4

                                                                        s. 20



                     Part 4 -- Miscellaneous
    20.   Regulations
          The Governor may make regulations prescribing all matters that
          are required or permitted by this Act to be prescribed, or are
5         necessary or convenient to be prescribed for giving effect to the
          purposes of this Act.

    21.   Miscellaneous amendments
          Amendments are made as set out in Schedule 1.




                                                                    page 15
     Weapons Bill 1998


     Schedule 1     Miscellaneous amendments



                   Schedule 1 -- Miscellaneous amendments
                                                                                  [s. 21]

     1.        Firearms Act 1973
               In the definition of "firearm" in section 4 delete "or other missile;" and
 5             insert instead --
               "
                     or other missile, but does not include anything that is
                     prescribed in regulations under the Weapons Act 1998 to be
                     a prohibited weapon or a controlled weapon;
10                                                                                     ".

     2.        Police Act 1892
               Repeal section 65(4a).




 


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