Queensland: Weapons Act 1990 (Qld)

Weapons Act 1990 An Act to consolidate and amend the laws regulating or prohibiting the purchase, possession, use, carrying and sale of certain weapons and articles and to provide for the prevention of the misuse of weapons and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Weapons Act 1990. 1.3 [Repealed] 1.4 [Repealed] 2 Application of Act (1) This Act does not apply to a person— (a) who is— (i) a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person's possession or use of a weapon as part of performance of duty as such member; or (ii) a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person's possession or use of a weapon as part of performance of duty as such member; or (iii) a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member's possession and use of a weapon when participating in the activities of the cadet force in which the person is a member; or Editor's notes— 1 Cadet Forces Regulations 1977 (Cwlth), section 2— cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets. member means an officer, instructor or cadet in a cadet force. 2 The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth), the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth). (b) who is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person's possession or use of a weapon as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or (c) who is an officer of Customs in the Australian Border Force in relation to the person's possession or use of a weapon when performing the duties of an officer; or (d) who is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person's possession or use of a weapon when performing the duties of an officer; or (e) who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner— (i) in respect of the person's possession or use of a weapon as part of the performance of the person's functions as a member of the Queensland police service; or (ii) while the person is not on duty as a member of the Queensland police service in relation to the person's possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or (g) who is undergoing an approved training course in respect of the person's possession or use of a weapon as part of the training course; or (h) whilst actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or (i) whilst engaged in scientific or experimental work with any weapon under an authority in that behalf granted by the Minister; or (k) being a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or (l) who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of— (i) a licensed dealer; or (ii) the armed forces of the Commonwealth; or (iii) any authority of the Commonwealth or State; in respect of possession of merchandise consigned thereto or therefrom; or (m) to whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions. (2) This Act does not apply to a government service entity or an employee of a government service entity in relation to the entity's or employee's acquisition, possession or use of a weapon as part of the performance of— (a) the functions of the entity or employee; or (b) if the functions of the entity or employee are prescribed under a regulation—those functions of the entity or employee that are prescribed. (3) Subsection (2) does not exempt a government service entity or an employee of a government service entity from— (a) the application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or (b) the application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4). (4) The conditions are— (a) for a government service entity— (i) the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and (ii) the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details— (A) where the weapon is stored; (B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and (iii) at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and (iv) the entity issues the weapon to an employee only if it is satisfied— (A) the performance of the employee's functions necessarily requires the employee to have possession of the weapon; and (B) the employee holds a firearms licence; and (C) the employee is properly trained in the use of the weapon; and (b) for an employee of a government service entity—the employee holds a firearms licence. (5) An employee mentioned in subsection (4)(a)(iv) may possess any category of weapon in the performance of the employee's functions even though the employee is not licensed to possess the category of weapon. (6) The condition mentioned in subsection (4)(a)(iv)(B) does not apply to a prescribed service entity. (7) The condition mentioned in subsection (4)(b) does not apply to an employee of a prescribed service entity. (8) The operation of this section is subject to the Domestic and Family Violence Protection Act 2012, section 83. (9) In this section— Australian Border Force see the Australian Border Force Act 2015 (Cwlth), section 4(1). government service entity means— (a) a department of Government of the State; or (b) a museum under the control of the Government of the State or the Commonwealth; or (c) another entity prescribed under a regulation that— (i) is established under an Act or under State authorisation for a public or State purpose; or (ii) is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity; but does not include the Queensland Police Service. officer of Customs see the Customs Act 1901 (Cwlth), section 4(1). prescribed service entity means an entity prescribed for the definition government service entity, paragraph (c). 3 Principles and object of Act (1) The principles underlying this Act are as follows— (a) weapon possession and use are subordinate to the need to ensure public and individual safety; (b) public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons. (2) The object of this Act is to prevent the misuse of weapons. 4 How object is to be achieved for firearms The object of this Act is to be achieved for firearms by— (a) prohibiting the possession and use of all automatic and self-loading rifles and automatic and self-loading shotguns except in special circumstances; and (b) establishing an integrated licensing and registration scheme for all firearms; and (c) requiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and (d) providing strict requirements that must be satisfied for— (i) licences authorising possession of firearms; and (ii) the acquisition and sale of firearms; and (e) ensuring that firearms are stored and carried in a safe and secure way. 5 Definitions The dictionary in schedule 2 defines particular words used in this Act. 6 Meaning of heirloom firearm An heirloom firearm is a firearm, other than a category R weapon, ownership of which has passed to a person by testamentary disposition or the laws of succession. 6A What is a replica (1) A replica of a weapon is— (a) a reasonable facsimile or copy of a weapon, even if it is not capable of discharging a projectile or substance; or (b) a category A, B or C weapon that has been rendered permanently inoperable; or (c) a hand grenade that is inert. (2) A replica— (a) of a particular weapon—means a reasonable facsimile or copy of the weapon, even if it is not capable of discharging a projectile or substance; or (b) of a spear gun, longbow or crossbow—means a reasonable facsimile or copy of a spear gun, longbow or crossbow even if it is not capable of discharging a projectile; or (c) of a thing prescribed under a regulation—means anything prescribed under a regulation to be a replica of the thing. 6B Meaning of security guard (1) A security guard is a person who patrols, protects, watches over or guards (protects) the person's property or other persons or other person's property— (a) in the course of carrying on a business; or (b) in the course of employment. Example— A jeweller transporting jewellery in the course of carrying on a business who does not engage someone else to guard the jewellery while it is being transported is a 'security guard'. Note— Section 123 provides that a person must not, in performing duties as a security guard, physically possess a weapon unless the person holds a security licence (guard). (2) However, the following persons are not security guards— (a) a person who protects property if the protection is carried out in the course of primary production; (b) a person, other than a security organisation, who engages someone else to protect property for the person. 6C Meaning of public monument (1) A public monument is a thing that is— (a) mentioned in the Weapons Categories Regulation 1997, section 8(1)(a), (c), (i) or (j); and (b) permanently incapable of being discharged; and (c) permanently and lawfully displayed in a public place for memorial or commemorative purposes. Examples— • permanently deactivated WWI artillery permanently displayed in the foyer or grounds, open to the public, of an RSL club • a permanently deactivated Bofors anti-aircraft gun mounted on a concrete platform in a public park (2) For subsection (1)(c), a thing is permanently displayed only if the thing is displayed in a way that prevents its removal by an unauthorised person. (3) In this section— public place includes a place that can be seen from a public place. 7 How a firearm is made permanently inoperable (1) A firearm is made permanently inoperable if the firearm is modified in the way prescribed under a regulation to make it incapable of being discharged. (2) However, a firearm is not taken to be permanently inoperable unless a licensed armourer or a person approved by the commissioner for this subsection certifies, in the approved form, the firearm as being incapable of being discharged. (3) The commissioner may approve a person for subsection (2) only if the commissioner is satisfied the person has the necessary expertise or experience to certify that a firearm is incapable of being discharged. 8 How a firearm is made temporarily inoperable A firearm is made temporarily inoperable— (a) for a firearm designed to allow its bolt, breech block, firing pin or other integral part of the firing mechanism to be removed—if the part is removed and securely stored separately from the firearm; and (b) for another firearm—if the firearm's trigger is secured by a trigger lock and the lock's key is securely stored separately from the firearm. 8A Notes in text A note in the text of this Act is part of the Act. Part 2 Licences 9 Issue, renewal, endorsement and alteration of licences A licence may be issued, renewed, endorsed or altered only by an authorised officer. 10 Limitations on issue of licence (1) A licence may be issued only to— (a) an individual under subsection (2); or (b) a body under subsection (3). (2) 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. (2A) Subsection (2)(g) does not apply to a person who— (a) for a person who resides in a State adjoining Queensland— (i) satisfies the authorised officer that the person has a genuine reason for possessing a weapon for which a licence is required under this Act; and (ii) is not disqualified from obtaining a similar licence in the adjoining State; or (b) for a person who resides in a State other than an adjoining State but whose main place of residence is Queensland—is not disqualified from obtaining a similar licence in the other State. (2B) Also, subsection (2)(g) does not apply to a person who— (a) resides outside Queensland and intends visiting Queensland to engage in an activity that is a reason for possession of a weapon under section 11; and (b) is entitled by law (whether or not under a licence) to possess and use a firearm or type of firearm in the State or country where the person usually resides; and (c) applies for a licence prescribed under section 12(k) for visitors to Queensland. (3) A licence may be issued to a body, whether incorporated or unincorporated, only if— (a) for a licence to be issued to an approved shooting club— (i) it is endorsed with the name of an individual, who is a member of the club's governing body and satisfies the requirements of subsection (2)(a) to (e), as the club's representative in the conduct of its business or affairs; and (ii) it is endorsed with the names and addresses of the individuals who are responsible for the safekeeping of the weapons or category of weapons possession of which is to be authorised by the licence when not in use by members of that club; or (b) for a licence to be issued to another body, only if— (i) the body has a reason mentioned in section 11 to possess a weapon; and (ii) it is endorsed with the name of an individual, who satisfies the requirements of subsection (2)(a) to (e), as the body's representative in the conduct of its business or affairs. (4) 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. (5) 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. (6) In this section— similar licence, for a weapon in an adjoining or other State, means a licence, permit or authority issued under the law of the other State entitling the person to possession of the weapon. 10A Adequate knowledge of weapon (1) For section 10(2)(b), a person has an adequate knowledge of safety practices for the use, storage and maintenance of a weapon, or category of weapon, the possession of which is to be authorised by a licence (the new licence) if the person complies with subsection (2), (3) or (4). (2) The person complies with this subsection if the person satisfies the commissioner that the person has completed, within 1 year before the day the person applies for the issue of the new licence— (a) if the new licence is a security licence (guard)— (i) an approved safety training course (security guard); or (ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (security guard); or (b) if the new licence is not a security licence (guard)— (i) an approved safety training course (general); or (ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (general). (3) The person complies with this subsection if— (a) within 1 year immediately before the day the person made the application for the new licence, the person was a licensee; and (b) the licence (the previous licence) held by the person as a licensee was no longer in force when the person made the application for the new licence; and (c) it was not a reason for the previous licence being no longer in force that the licence had been suspended or revoked under this Act; and (d) the previous licence was a licence of 1 of the following classes— (i) collector's licence (heirloom) or (weapons); (ii) concealable firearms licence; (iii) firearms licence; (iv) minor's licence. (4) The person complies with this subsection if the person is the holder of a current licence, equivalent to the new licence, issued under the law of another State or country. 10AA Approval of training courses (1) The commissioner may approve a course as a safety training course (general) if the commissioner is satisfied the course— (a) is about the safe use, storage and maintenance of a weapon that is authorised to be possessed under a licence other than a security licence (guard); and (b) complies with the requirements prescribed under a regulation. (2) The commissioner may approve a course as a safety training course (security guard) if the commissioner is satisfied the course— (a) is about the safe use, storage and maintenance of either or both of the following— (i) a weapon that is authorised to be possessed under a security licence (guard); (ii) a restricted item; and (b) complies with the requirements prescribed under a regulation. (3) The commissioner must notify the approval of a course under subsection (1) or (2) on the QPS website. (4) Failure to comply with subsection (3) does not affect the validity of the approval. 10B Fit and proper person—licensees (1) 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, police protection notice issued or release conditions imposed against the person; and (c) whether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and (ca) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— (i) the person is a risk to public safety; or (ii) that authorising the person to possess a weapon would be contrary to the public interest; and (d) the public interest. (2) However, for the issue, renewal or revocation of a licence, a person is not a fit and proper person to hold a licence if, in Queensland or elsewhere within the relevant period— (a) the person has been convicted of, or discharged from custody on sentence after the person has been convicted of, any of the following offences— (i) an offence relating to the misuse of drugs; (ii) an offence involving the use or threatened use of violence; (iii) an offence involving the use, carriage, discharge or possession of a weapon; or (b) a domestic violence order, other than a temporary protection order, has been made against the person. (3) Also, for the issue, renewal, suspension or revocation of a licence, a licensed dealer is not a fit and proper person to hold a licence unless each associate of the person is a fit and proper person to be an associate of a licensed dealer. (4) A person is not a fit and proper person to hold a licence if the person is prevented by an order, other than a temporary protection order, of a Queensland court or another court outside Queensland from holding a licence or possessing a weapon. (5) In this section— relevant period means— (a) for the issue or renewal of a licence—the 5 year period immediately before the day the person applies for the issue or renewal of the licence; or (b) for the suspension or revocation of a licence—the 5 year period immediately before the date of the suspension notice under section 28, or a revocation notice under section 29, is given for that suspension or revocation. 10C Fit and proper person—licensed dealer's associate (1) In deciding or considering, for the issue, renewal, suspension or revocation of a dealer's licence, whether an associate of an applicant for a dealer's licence or a licensed dealer is, or is no longer, a fit and proper person to be an associate of a licensed dealer, an authorised officer may consider any criminal intelligence or other information to which the authorised officer has access that indicates— (a) the associate is a risk to public safety; or (b) any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest. (2) A person is not a fit and proper person to be an associate of a licensed dealer if the person is a prohibited person or the authorised officer is satisfied that any relationship involving weapons between the person and a licensed dealer would be contrary to the public interest because— (a) the person, in Queensland or elsewhere within the relevant period, has been convicted of, or discharged from custody on sentence after the person has been convicted of, any of the following offences— (i) an offence relating to the misuse of drugs; (ii) an offence involving the use or threatened use of violence; (iii) an offence involving the use, carriage, discharge or possession of a weapon; or (b) a domestic violence order, other than a temporary protection order, has been made against the person. (3) In this section— relevant period means— (a) for the issue or renewal of a dealer's licence—the 5 year period immediately before the day the applicant for a dealer's licence or the licensed dealer applies for the issue or renewal of the licence; or (b) for the suspension or revocation of a dealer's licence—the 5 year period immediately before the date of the suspension notice under section 28, or a revocation notice under section 29, is given for that suspension or revocation. 11 Genuine reasons for possession of a weapon The following are reasons for possession of a weapon— (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. 12 Licences Licences are of the following classes— (a) armourer's licence; (b) blank-fire firearms licence; (c) collector's licence (heirloom) or (weapons); (d) concealable firearms licence; (e) dealer's licence; (f) firearms licence; (g) firearms licence (instructor); (h) minor's licence; (i) security licence (organisation) or (guard); (j) theatrical ordnance supplier's licence; (k) another licence prescribed under a regulation. 13 Application for licence (1) An application for a licence must be— (a) made in the approved form and state the applicant's reason for wishing to possess a weapon (the reason); and (b) made personally, in the way prescribed under a regulation, by— (i) if the licence is for an individual—the person; or (ii) if the licence is for a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body's representative in the conduct of its business or affairs; and (c) accompanied by— (i) the fee prescribed under a regulation; and (ii) proof of identity to the satisfaction of an authorised officer; and (iii) other particulars prescribed under a regulation; and (iv) the other relevant particulars the person to whom the application is made reasonably requires. (2) If the reason is sports or target shooting, the applicant must provide proof the applicant is a current member of an approved shooting club. (3) If the reason is recreational shooting, the applicant must produce— (a) written permission from a landowner authorising the applicant to shoot on the landowner's rural land; or (b) proof of current membership of a body prescribed under a regulation for this subsection. (4) A body may be prescribed for subsection (3)(b) only if— (a) it is a landowner of rural land; or (b) it holds written permission from a landowner authorising members of the body to shoot on the landowner's rural land. (5) If the reason is an occupational requirement, the applicant must state why possession of a weapon is necessary in the conduct of the applicant's business or employment. 14 Inquiries into application (1) Before the application is decided, an officer in charge of police or authorised officer with whom an application for a licence is lodged may— (a) make an inquiry or investigation about the applicant or the application; and (b) require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant's identity or physical or mental health including— (i) in relation to the applicant's physical health—a report from a doctor about the applicant's physical health; and (ii) in relation to the applicant's mental health—a report from a doctor or psychologist about the applicant's mental health; and (c) inspect the secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and (d) supply, for this section, information or a document relevant to the applicant's identity to an officer or member of a State or Commonwealth police service; and (e) require the applicant to display an adequate knowledge of the safety practices for the use, storage and maintenance of the weapon or category of weapons the possession of which is to be authorised under the licence; and (f) make a report about the applicant or the application; and (g) make the recommendation about the application the officer thinks appropriate. (2) If an authorised officer suspects, on reasonable grounds, that the applicant's stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant's identity. (3) The applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant— (a) refuses to provide the information reasonably required under subsection (1)(b); or (b) refuses to allow the inspection under subsection (1)(c); or (c) fails to comply with a requirement under subsection (2). (4) If information about the applicant's mental health given under subsection (1)(b) is provided in a doctor's or psychologist's report, an authorised officer may— (a) make information in the officer's possession available to the doctor or psychologist; and (b) ask the doctor or psychologist to provide a further report. (5) The authorised officer may make the information available only if the officer considers, on reasonable grounds— (a) the doctor or psychologist was not aware of the information; and (b) the information may influence the doctor's or psychologist's opinion about the applicant's mental health. (6) The authorised officer must also advise the applicant of the information being supplied to the doctor or psychologist. (7) The authorised officer may make the information available under subsection (4) despite the provisions of any other Act. (8) Unless the authorised officer considers that it is currently required for the investigation of an offence, the authorised officer must, after deciding the application— (a) return to the applicant any identifying particular obtained in the course of inquiries into the application; and (b) destroy any record or copy of the identifying particular. (9) Information required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose. (10) In this section— applicant includes, for a body, an individual nominated by the body for endorsement on the licence as the body's representative in the conduct of its business or affairs. 15 Authorised officer decides application (1) An authorised officer must decide an application for a licence (other than renewal of a licence) as soon as practicable after the end of the period prescribed for this section under a regulation. (2) However, the authorised officer may decide the application within the prescribed period if the applicant is the holder of an existing licence of another class. (3) In deciding the application, the authorised officer may consider anything at the officer's disposal. Note— Additional requirements are prescribed for particular applications under section 18A, 18B or 18C. (4) The authorised officer must— (a) approve the application and issue the licence subject to any conditions the authorised officer may decide, including, but not limited to— (i) conditions limiting the use or possession of a weapon; or (ii) conditions prescribed under a regulation and applying to the weapon; or (iii) for a licence authorising possession of a category M crossbow—conditions requiring the licensee within 7 days to permanently mark on the crossbow an identifying serial number fixed by the authorised officer for the crossbow; or (iv) any other conditions the authorised officer considers appropriate in the particular circumstances; or (b) reject the application. (5) However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis. (6) A person whose application is rejected because the person is not a fit and proper person to hold a licence is not entitled to reapply for a licence— (a) if the person's application was rejected because the person was not a fit and proper person under section 10B(2)—until the day section 10B(2) stops having the effect that the person is not a fit and proper person under that subsection; or (b) otherwise—until the day 3 years after the day the application was rejected. 16 Issue of licence (1) A licence must be— (a) in the approved form; and (b) endorsed with— (i) the weapon or category of weapon the possession of which is authorised by the licence; and (ii) any conditions decided by an authorised officer; and (iii) if the licence is an armourer's, collector's or dealer's licence or a security licence (organisation)—the place approved for the secure storage of the weapon or category of weapon possession of which is authorised by the licence. (2) A condition or any other information to be endorsed on a licence may be endorsed on the licence or a certificate issued for the licence. (3) The condition or information may be endorsed on the licence or certificate by a word that is given a meaning by a code prescribed under a regulation. (4) A regulation may prescribe things that must be provided for on the approved form of licence. 17 [Repealed] 18 Renewal of licences (1) A licensee may apply for the renewal of the licensee's licence. (1A) The licensee must make the application for renewal of the licence before the day the licence expires. (2) An application for renewal of a licence must be— (a) made in the approved form; and (b) made personally, in the way prescribed under a regulation, by— (i) for a licence issued to an individual—the licensee; or (ii) for a licence issued to a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body's representative in the conduct of its business or affairs; and (c) accompanied by the fee prescribed under a regulation. (3) If an officer in charge of police receives the application, the officer must refer the application to an authorised officer. (4) An authorised officer must ensure the application is decided— (a) as soon as practicable after the application is made; and (b) if the application is not decided on or before the day the licence expires—within 42 days after the day the licence expires. (5) In deciding the application, the authorised officer may consider anything at the officer's disposal. (6) The authorised officer must— (a) approve the application and renew the licence subject to any conditions the authorised officer may decide; or (b) reject the application. (7) However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis. (8) A licence may be renewed by— (a) endorsing the existing licence; or (b) cancelling the licence and issuing a fresh licence endorsed with any condition decided by an authorised officer or other information. (9) Section 10(1), (2)(a), (2)(c) to (g) and (2A) to (3) applies to the renewal of a licence. (10) For applying the provisions mentioned in subsection (9) to the renewal of a licence, a reference to the issue of the licence is taken to be a reference to the renewal of the licence. 18AA Alternative provision for renewal application if licensee is an individual (1) This section applies if a licensee is an individual. (2) However, this section applies to a licensee only if, when the licensee is required to apply for the renewal of a licence, the licensee— (a) is temporarily absent from Australia for a genuine occupational reason; or (b) is temporarily a patient in a hospital. (3) Also, this section applies despite section 18(2)(b)(i). (4) If the licensee authorises an attorney under a power of attorney to make the application for the licensee, the attorney may make the application for renewal of the licensee's licence for the licensee. (5) However, the attorney may make the application— (a) only on a single occasion; and (b) only if the attorney gives the authorised officer a statutory declaration stating that the attorney is not entitled to any fee or other benefit for making the application. (6) The attorney must make the application by— (a) personally giving to a police officer at a police station or police establishment a renewal application completed and signed by the licensee; and (b) producing to the police officer the information mentioned in section 18AB (required information). 18AB What is required information for s 18AA (1) The required information for section 18AA is as follows— (a) photographic evidence of the attorney's identity; (b) the original of the instrument conferring the power of attorney, or a copy of the instrument certified by a justice of the peace, commissioner for declarations, lawyer or notary public as a true copy of the instrument; (c) a statutory declaration complying with subsection (2), (3) or (4), as appropriate. (2) If the attorney makes the application because the licensee is temporarily absent from Australia for a genuine occupational reason, the statutory declaration must be signed by the licensee and state the following— (a) the licensee is temporarily absent from Australia for a genuine occupational reason; (b) the genuine occupational reason for the licensee's absence; (c) how long the licensee will be absent. (3) If the attorney makes the application because the licensee is temporarily a patient in a hospital, the statutory declaration must be signed by the licensee and state the following— (a) the licensee is temporarily a patient in a stated hospital because of a genuine medical condition; (b) the nature of the medical condition; (c) when the licensee became a patient in the hospital. (4) If the attorney makes the application because the licensee is temporarily a patient in a hospital and the licensee is unable to make the declaration because of a genuine medical reason, the statutory declaration must be signed by the attorney and state the following— (a) the licensee is temporarily a patient in a stated hospital because of a genuine medical condition; (b) the nature of the medical condition; (c) when the licensee became a patient in the hospital; (d) the licensee is unable to make the application. 18A Additional application requirements for collector's licence (weapons) for category H weapon (1) If the application is for a collector's licence (weapons) or the renewal of a collector's licence (weapons) and the licensee intends to possess a temporarily inoperable category H weapon, the application must include a current declaration signed by an approved historical society's representative stating— (a) the applicant holds current membership with the approved historical society; and (b) the representative is satisfied that the applicant is a genuine collector of weapons. (2) Subsection (1) does not apply if the applicant is an approved historical society. (3) A declaration mentioned in subsection (1) is current for 28 days after the day it is signed by the representative. 18B Additional application requirements for concealable firearms licence (1) If the application is for a concealable firearms licence and the applicant's reason for possession of a weapon under that licence is sports or target shooting, the application must include a current declaration by the representative of an approved pistol club stating that— (a) the applicant holds current membership with the pistol club; and (b) the applicant has been a member of the pistol club for the 6 month period immediately before the declaration is made; and (c) the applicant has participated in at least 3 handgun shooting competitions during that 6 month period. (2) Subsection (3) applies if an applicant for a concealable firearms licence— (a) holds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; or (b) was, within the period prescribed under a regulation for this section, a resident of another country and at the time of the application resides only in Queensland. (3) The declaration included in the application need not address the matters mentioned in subsection (1)(b) or (c) if the application is accompanied by evidence— (a) for subsection (2)(a), that the applicant— (i) has been a member of a shooting club in the other State for the 6 month period immediately before the declaration is made; and (ii) holds a licence or other authority under a law of the other State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; and (iii) has held the authority mentioned in subparagraph (ii) for at least 12 months; and (iv) has, in the other State, participated in not less than the number of handgun shooting competitions necessary to comply with the law of the other State; or (b) for subsection (2)(b), that the applicant— (i) was permitted or authorised under the law of the other country to possess a category H weapon for sports or target shooting; and (ii) has, within the 2 year period immediately before the declaration is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon. Examples of internationally recognised shooting competitions— • shooting competitions in the Olympic Games • shooting competitions in the Commonwealth Games • metallic silhouette world championship (4) If the application is for the renewal of a concealable firearms licence and the applicant's reason for possession of a weapon is sports or target shooting, the application must include— (a) a current declaration by the representative of an approved shooting club stating that the applicant holds current membership with the shooting club; and (b) a copy of the applicant's participation record for the period of the applicant's current licence. (5) A declaration under this section is current for 28 days after the day it is signed by the representative. 18C Additional application requirements for dealer's licence If the application is for a dealer's licence or the renewal of a dealer's licence, the approved form must require the applicant to disclose— (a) the full name, occupation and residential address of each person who is an associate of the applicant for the dealer's licence or the licensed dealer; and (b) details of the relevant interest, relevant power or relevant position each associate holds or will hold or may be entitled to exercise. 18D Delegation by representative (1) A representative of a body or club may delegate the representative's power to make a declaration under section 18A or 18B to an appropriate person. (2) An authorised officer may, by written notice given to the body or club, revoke the delegation if the authorised officer reasonably suspects the person to whom power is delegated under subsection (1) is not, or is no longer, an appropriate person. (3) The revocation of a delegation under subsection (2) does not affect the validity of a licence issued or renewed before the delegation was revoked. (4) In this section— appropriate person, to whom a power may be delegated by a representative of a body or club, means a person who is a member of the governing body of the body or club. 19 Notice of rejection of application to issue or renew licence (1) If an authorised officer rejects an application for a licence or renewal of a licence, the authorised officer must give the applicant a notice of rejection in the approved form stating the specific reasons for the rejection. (2) If a reason an authorised officer rejects an application is criminal intelligence or other information that is not publicly available, it is enough that the notice under subsection (1) states the specific reason for rejection as 'confidential information'. (3) The notice may be given to the applicant by sending it to the applicant by security post at the address shown on the application. 20 Term of licence (1) A licence, other than a replacement licence, remains in force for the term stated on the licence which must not be more than— (a) if the licence is for a category A or B weapon—10 years; or (b) if the licence is for a weapon other than a category A or B weapon—5 years. (2) Despite subsection (1) but subject to any direction by the commissioner, an authorised officer may, by written notice given to a licensee, extend the term the licensee's licence remains in force to a day that coincides with the licensee's next birthday. (3) No fee is payable for the extension of a term under subsection (2). (4) A replacement licence remains in force for the unexpired term of the licence which it replaces. (5) An existing licence stops being in force if a replacement licence is issued instead of the licence. (6) Also, a licence, including a replacement licence, stops being in force if— (a) it is suspended, cancelled, revoked or surrendered; or (b) the licensee dies or is disqualified from holding the licence; or (c) for a minor's licence—the licensee turns 18. 20A Continuation of licence until renewal application dealt with (1) This section applies if— (a) a licensee applies under section 18 for the renewal of a licence; and (b) the application is not decided on or before the day the licence expires. (2) The licence, as in force immediately before its expiry, continues in force, as if it had not expired, until the first of the following happens— (a) the authorised officer deciding the application approves the application and renews the licence; (b) the authorised officer deciding the application rejects the application and gives the applicant the notice of rejection under section 19(1); (c) 42 days elapse after the licence's expiry. 21 Certain licences transferable (1) A licence is transferable only in the circumstances mentioned in this section. (2) The following licences may be transferred on a sale of a business— • armourer's licence • dealer's licence • security licence (organisation) • theatrical ordnance supplier's licence. (3) The proposed purchaser of the business must apply for the appropriate licence under section 13. (4) If an authorised officer is satisfied the proposed purchaser is otherwise entitled to be issued with the licence, the authorised officer may approve the transfer of the licence subject to the sale of a business being finalised. (5) If an authorised officer approves the transfer, the purchaser is taken to be the holder of the licence from the time the sale is finalised until the licence is formally transferred or a fresh licence is issued in the purchaser's name for the balance of the original licence's term. 22 Reporting loss, destruction or theft of licence A licensee must report the loss, destruction or theft of the licence to an officer in charge of police immediately after the licensee becomes aware of the loss, destruction or theft. Maximum penalty—10 penalty units. 23 Replacement licence (1) This section applies if an authorised officer is satisfied— (a) a licence is lost, destroyed or stolen; or (b) any writing or endorsement on a licence is illegible and the licence is surrendered to an officer in charge of police. (2) The authorised officer may issue to the licensee a licence (the replacement licence) instead of the existing licence on— (a) application by the licensee in the approved form; and (b) payment of the fee prescribed under a regulation. 24 Change in licensee's circumstances (1) It is a condition of each licence that a licensee must, within 14 days of the happening of an event mentioned in subsection (2) (the change), advise an officer in charge of police of the change and the particulars of the change the officer reasonably requires. (2) The events are— (a) any of the following that happen to the licensee or the licensee's representative— (i) a change of address; (ii) a change in the licensee's or the licensee's representative's mental or physical fitness; (iii) the conviction of the licensee or the licensee's representative of an offence mentioned in section 10B(2)(a); (iv) the making of a domestic violence order against the licensee or the licensee's representative; or (b) a change in the licensee's— (i) reason or need for possessing or using a weapon; or (ii) access to secure storage facilities for the licensee's weapon; or (c) a change in the licensee's name or the licensee's representative's name; or (d) a change in the place entered in the firearms register as the place where a firearm is generally kept if the licensee is the registered owner of the firearm; or (e) if the licensee is a licensed dealer, a change in the licensee's associates; or (f) the revocation of the licensee's permission to shoot on a landowner's rural land; or (g) another event prescribed under a regulation. (2A) Subject to subsection (3), the advice must be given in a way prescribed by regulation. (3) If advice of a change in the licensee's associates is given under subsection (2)(e), the advice must be given in the approved form and include— (a) the full name, occupation and residential address of each of the licensee's associates; and (b) details of the associate's relevant financial interest, relevant power or relevant position in the licensee's business. (4) The officer in charge must advise an authorised officer of the change. (5) The authorised officer must— (a) if the change is to a particular on the licence and the authorised officer is satisfied of the correctness of the change—endorse the licence with the change; or (b) otherwise—take the appropriate action in relation to the licence. (6) In this section— representative of a licensee means a person who is endorsed— (a) on the licensee's licence as the licensee's representative; or (b) on a permit to acquire issued to the licensee as the licensee's representative. 25 Authorised officer may amend licence conditions (1) An authorised officer may amend the conditions of a licence— (a) on the licensee's application; or (b) on the authorised officer's own initiative. (2) Before making an amendment under subsection (1)(b), the authorised officer must— (a) give written notice to the licensee— (i) of the details of the proposed amendment; and (ii) that the licensee may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the licensee; and (b) have regard to submissions made to the authorised officer by the licensee before the stated day. (3) If an authorised officer decides to amend the conditions of a licence, the authorised officer must give written notice of the amendment to the licensee. (4) The amendment takes effect— (a) on the day the written notice of the amendment is given to the licensee; or (b) if a later day is stated in the notice—on the stated day. (5) An authorised officer may refuse to make an amendment under subsection (1)(a) by written notice given to the licensee stating the reasons for the refusal. (6) In this section— conditions of a licence means conditions decided by an authorised officer under section 15(4)(a). 25A Authorised officer may require information about licensed dealer's associates (1) An authorised officer may, by written notice, require a licensed dealer to give a declaration to the authorised officer in the approved form— (a) if the dealer did not previously have an associate and now has an associate or the dealer's associates have changed, advising the name and address of each associate of the dealer and details of the associate's relevant financial interest, relevant power or relevant position in the dealer's business; or (b) if paragraph (a) does not apply, advising the associates of the dealer have not changed since the dealer— (i) most recently applied for the dealer's licence or renewal of the licence; or (ii) advised an officer, and delivered the licence to the officer, as required under section 24(1); or (iii) gave a declaration under this section to the authorised officer. (2) The licensed dealer must give the declaration as required under subsection (1) within 7 days after the written notice is given to the dealer, unless the dealer has a reasonable excuse. Maximum penalty—100 penalty units. (3) A licensed dealer who is required to give a declaration to an authorised officer under subsection (1) and gives a declaration under the subsection with information about— (a) the dealer's associates; or (b) details of the dealer's associates; or (c) a change in the dealer's associates; can not be prosecuted for a failure to disclose that information before the authorised officer made that requirement. (4) It is not a reasonable excuse for subsection (2) that giving the declaration as mentioned in the subsection may incriminate the person for an offence for which the person can not be prosecuted under subsection (3). 26 Change of approved place (1) This section applies to an approved place endorsed on a licence under section 16(1)(b)(iii). (2) On application by the licensee, an authorised officer may change the approved place to another place if the authorised officer is satisfied the other place fulfils the requirements of this Act. (3) The authorised officer may endorse the licence with the change. 27 Surrender of licence (1) A licensee may surrender the licence by— (a) giving written notice of surrender; and (b) surrendering the licence. (2) The notice must be given and the licence surrendered to an authorised officer or officer in charge of police. 27A Effect of temporary protection order, police protection notice or release conditions on licence (1) If a person is a licensee and is named as the respondent in a temporary protection order, police protection notice or release conditions, the licence is suspended while the order, notice or conditions are in force. (2) If a person is a body's representative and is named as the respondent in a temporary protection order, police protection notice or release conditions— (a) any authority the respondent has to possess a weapon because the respondent is the body's representative is ineffective while the order, notice or conditions are in force; and (b) the body's licence is suspended 7 days after the licensee is given the order, notice or conditions unless, in that period, another individual is endorsed on the licence as the body's representative in substitution for the respondent. (3) Subsections (1) and (2)(a) take effect— (a) if the respondent is present in court when the temporary protection order is made—from the time of the order; or (b) otherwise—when the respondent is given the order, notice or conditions. (4) A suspension under subsection (2)(b) ends on the earlier of the following— (a) when another individual is endorsed on the licence as the body's representative in substitution for the respondent; (b) the order, notice or conditions are no longer in force. (5) Subsections (1) and (2)(a) stop having effect when the order, notice or conditions are no longer in force. (6) If the licensee of a licence suspended under subsection (1) or (2)(b) holds a permit to acquire, the permit is also suspended while the licence is suspended. (7) Despite a suspension under this section, an authorised officer may suspend the licence under section 28. 27B Notice of intention to revoke because dealer's associate is not fit and proper (1) This section applies if an authorised officer is satisfied that an associate of a licensed dealer is not a fit and proper person to be an associate of a licensed dealer. (2) Before revoking the licensed dealer's licence, the authorised officer must give the dealer a notice stating that the authorised officer— (a) is satisfied that a named associate of the dealer is not a fit and proper person to be an associate of a licensed dealer; and (b) intends to give the dealer a revocation notice under section 29 unless the dealer discontinues the dealer's association with the associate within a stated reasonable time. (3) In deciding what is a reasonable time, regard is to be had to the following— (a) the extent of the associate's relevant financial interest in the dealer's business; (b) any relevant power the associate may exercise in the dealer's business; (c) any relevant position the associate holds in the dealer's business; (d) the public interest. 28 Suspension of licence by giving suspension notice (1) An authorised officer may, by a suspension notice given to a licensee, suspend the licence if the authorised officer— (a) is satisfied that the licensee— (i) has been charged with an offence against any law in force in Queensland or elsewhere— (A) relating to the misuse of drugs; or (B) involving the use or threatened use of violence; or (C) involving the use, carriage, discharge or possession of a weapon; or (ii) is temporarily unable to comply with a condition of the licence; or (b) considers, on reasonable grounds, that the licensee may no longer be a fit and proper person to hold a licence. Note— Section 10B states matters for consideration. (2) The licence is suspended until— (a) if subsection (1)(a)(i) applies— (i) the proceeding for the charge ends; or (ii) the suspension is lifted by an authorised officer; or (b) if subsection (1)(a)(ii) applies—the authorised officer is satisfied the licensee is able to comply with the condition and lifts the suspension; or (c) if subsection (1)(b) applies—the earlier of the following days— (i) the day the authorised officer is satisfied the person is a fit and proper person to hold a licence and lifts the suspension; (ii) the day 90 days after the licence is suspended. (3) If a licensee whose licence is suspended under this section holds a permit to acquire, the permit is also suspended. (4) However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may suspend the licence because the licensee is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves the licence be suspended on that basis. 28A Revocation or suspension of licence and related matters after protection order is made (1) If a person is a licensee and is named as the respondent in a protection order, the licence is revoked. (2) If a person is a body's representative and is named as the respondent in a protection order— (a) any authority the respondent has to possess a weapon because the respondent is the body's representative is ineffective; and (b) the body's licence is suspended 7 days after the day the licensee is given the protection order unless, in that period, another individual is endorsed on the licence as the body's representative in substitution for the respondent. (3) Subsections (1) and (2)(a) take effect— (a) if the respondent is present in court when the protection order is made—on the making of the order; or (b) otherwise—when the respondent is given the protection order. (4) A suspension under subsection (2)(b) ends on the earlier of the following— (a) when another individual is endorsed on the licence as the body's repr