Weapons Prohibition Act 1998 No 127

Currency

As amended to Weapons Prohibition Amendment (Zombie Knives) Regulation 2019 (No 68). Commenced 28 February 2019. Current to 28 February 2019.

Jurisdiction

Section 43(1): Except in so far as an offence may be prosecuted on indictment, proceedings for an offence under this Act or the regulations may be disposed of summarily before the Local Court.

Section 43(2): Ch 5 of the CP Act (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under ss 7, 20, 23(1), 23A(1), 25A(1), 25B(1), 31 or 34. These are Table 2 offences and are to be dealt with summarily unless the prosecuting authority elects otherwise.

Section 43(3): Offences under ss 23A(2), 23B or 25A(2) are to be prosecuted on indictment only.

Time for commencement

Section 44: An offence under this Act or the regulations may be dealt with in a summary manner before the Local Court if the court attendance notice was issued within 2 yrs of the date on which the offence is alleged to have been committed.

Offences by corporations

Section 46(1): Directors and persons concerned in the management of the corporation taken to have contravened the same provision of the Act or Regulations if the person knowingly authorised or permitted the contravention.

Section 46(2): A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision.

Forfeiture

Section 40(1): The Local Court or the Children’s Court may, on application by a police officer or by any person who claims to be the owner of a prohibited weapon surrendered to, or seized by, a police officer in accordance with this Act, order that the weapon:

(a) 

be forfeited to the Crown, or

(b) 

be returned to the person claiming to be the owner of the weapon, or

(c) 

be otherwise disposed of.

Note:

Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in the Penalty (Max) column.

SECTION DESCRIPTION (maximum penalty on indictment) PENALTY (MAX) TABLE
7(1) Possess/use prohibited weapon without permit

100 pu and/or 2 yrs*

[14 yrs] SNPP offence

2
23(1) Buy prohibited weapon without permit

100 pu and/or 2 yrs*

[5 yrs]

2
23(2) Buy prohibited weapon from person not authorised to possess/w/o seeing/knowing seller has permit

50 pu and/or 12 mths

 
23A(1) Sell prohibited weapon to person authorised to possess/w/o seeing/knowing buyer has permit

100 pu and/or 2 yrs*

[14 yrs]

2
23A(2) Sell military-style weapon to person authorised to possess/w/o seeing/knowing buyer has permit Strictly indictable

[20 yrs]

23B Contravene s 23A on 3 or more occasions over 12 mths Strictly indictable

[20 yrs]

24(1) Send prohibited weapon to other without holding permit 50 pu  
24(2) Send prohibited weapon to unauthorised person 50 pu  
24(3) Receive prohibited weapon without holding permit 50 pu  
25 Advertise prohibited weapon for sale without stating permit required/permit number 50 pu  
25A(1) Manufacture prohibited weapon without authorisation

100 pu and/or 2 yrs*

[14 yrs]

2
25A(2) Manufacture military-style weapon without authorisation Strictly indictable

[20 yrs]

25B(1) Possession of digital blueprints for manufacture of prohibited weapons: see s 25C for statutory defences to s 25B prosecutions

100 pu and/or 2 yrs*

[14 yrs]

2
27(1) Fail to produce prohibited weapon/permit to police for inspection 50 pu and/or 12 mths  
28(1) Unauthorised person fail to surrender prohibited weapon 50 pu and/or 12 mths  
31 Make false/misleading statement in application

100 pu and/or 2 yrs*

[10 yrs]

2
32 Misuse of permit by false representation etc 100 pu and/or 2 yrs  
32A Possessor of prohibited weapon fail to ensure that weapon kept safe/not stolen/lost/come in possession of non-authorised person 100 pu and/or 2 yrs  
32B(1) Permit holder of Level 1 prohibited weapon fail to comply with specified requirements re safe keeping 20 pu and/or 6 mths  
32C(1) Permit holder of Level 2 prohibited weapon fail to comply with specified requirements re safe keeping 50 pu and/or 12 mths  
32D(1) Permit holder of Level 3 prohibited weapon fail to comply with specified requirements re safe keeping 100 pu and/or 2 yrs  
34(1) Possess/use prohibited weapon contrary to prohibition order

100 pu and/or 2 yrs*

[10 yrs]

2
34(3) Sell/give person with prohibition order prohibited weapon

100 pu and/or 2 yrs*

[10 yrs]

2
50(3) Regulations may create offences 50 pu  

Liability of parents/guardians

45 Liability of parent, guardian where offence committed by person under 18 yrs
Note:

* Table 2 offences and are to be dealt with summarily unless the prosecuting authority elects otherwise: s 43(2)