74 Regulations

(1)

The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)

regulating the issue, renewal, and replacement of permits and licences and the granting of endorsements:

(b)

prescribing the manner and content of applications for permits, licences, certificates of approval, certifications, and endorsements and of other applications under this Act, and requiring such applications to be supported by statutory declarations and by such other documents or information as may be prescribed:

(ba)

providing for photographs of licence holders to be affixed to or imaged into dealers’ licences or firearms licences or both and prescribing requirements in relation to those photographs:

(bb)

providing criteria, not inconsistent with this Act, for finding that a person is not a fit and proper person to be in possession of a firearm or an airgun:

(bc)

providing criteria, not inconsistent with this Act, for finding that a person is a fit and proper person to be in possession of a firearm or an airgun:

(c)

providing for applicants for firearms licences to pass theoretical and practical tests as to their ability to handle firearms safely or to undergo courses of training designed to teach them to handle firearms safely:

(d)

exempting applicants or classes of applicants for firearms licences from passing tests prescribed under paragraph (c):

(e)

prescribing conditions to which permits, licences, certificates of approval, certifications, and endorsements shall be subject, or authorising the Commissioner to prescribe conditions of that kind:

(ea)

extending the expiry date of licences and endorsements in the event of a pandemic, an epidemic, or an emergency being declared under the Civil Defence Emergency Management Act 2002:

(f)
[Repealed]

(g)

prescribing forms of applications, permits, licences, endorsements, registers, notices, and other documents required for the purposes of this Act, or authorising the Commissioner to prescribe or approve such forms, and requiring the use of such forms:

(ga)

prescribing the details that persons carrying on business are required under section 22E to enter in the registry relating to the sale or supply of ammunition:

(gb)

prescribing the particulars that are required to be included in annual reports of shooting clubs, including (but not limited to) finances, storage, safety, discipline, training, competitions, office holders, membership, participating non-members, attendance, and ratios of members who are licence holders, endorsement holders, or trained range officers to those who are not:

(gc)

prescribing the information and documents required to support an application under section 38D for approval of a shooting club:

(gd)

prescribing the information and documents required to support an application under section 38M for certification of a shooting range, including the types of firearms and ammunition for which the range is certified:

(h)

prescribing the particulars to be recorded by licensed dealers:

(ha)

making provision for the secure storage of a vital part removed from a prohibited firearm or restricted weapon to render it inoperable and prescribing precautions to be taken to prevent the theft or misuse of vital parts in the possession of any person or class of persons:

(i)

making provision for the security of any premises at which a licensed dealer carries on business and prescribing precautions to be taken to prevent the theft or misuse of firearms, airguns, pistols, prohibited items, restricted weapons, pistol carbine conversion kits, ammunition, and explosives in the possession of licensed dealers:

(ia)

making provision for the security of any premises at which an ammunition seller carries on business and prescribing precautions to be taken to prevent the theft or misuse of ammunition in the possession of ammunition sellers:

(j)

making provision for the security of premises at which any firearm or class of firearm is kept, and prescribing precautions to be taken to prevent the theft or misuse of firearms, airguns, pistols, prohibited items, restricted weapons, pistol carbine conversion kits, ammunition, and explosives in the possession of any person or class of persons:

(ja)

providing for 1 or more of the following in relation to the sale or hiring of any arms item and ammunition:

(i)

material that must be included in any advertising, promotion, or display of any arms item and ammunition:

(ii)

advice that must be provided about legal conditions and requirements that apply to the purchase, possession, and use of arms items and ammunition (such as the legal age of purchase, licence or endorsement requirements, safe handling, transport, and storage):

(iii)

different requirements for different types of sale or hire activities carried out by dealers:

(jb)

providing for 1 or more of the following in relation to notices given by health practitioners for the purposes of section 92:

(i)

the information that the Police must provide to a licence holder when notifying the holder that a report has been received from a health practitioner:

(ii)

the period within which a licence holder must undergo a further assessment or surrender their licence, for the purposes of section 92(3):

(iii)

the kinds or classes of health practitioners who may make a further assessment under section 92 and any time limits or other requirements that apply to the assessment:

(iv)

the responsibilities of a health practitioner who makes a further assessment:

(k)

specifying for the purposes of section 29 classes of persons who may be permitted to obtain endorsements permitting them to have possession of pistols or restricted weapons:

(l)

making provisions that relate to any marking required for any firearms, magazines, and parts with identifying markings:

(la)

declaring any firearm to be an antique firearm for the purposes of this Act:

(lb)

prescribing limits for the purposes of section 4A(1)(f) to (j):

(lc)

prescribing wild animals or animal pests for the purposes of section 4A(1)(i) and (j):

(m)

defining firearms either generally or for the purposes of any particular provisions of this Act:

(n)

applying any of the provisions of this Act to rifles, guns, or pistols of any calibre that are not firearms properly so called:

(o)

excluding any firearms or ammunition or parts of firearms or restricted weapons from any of the provisions of this Act:

(p)

enabling the Commissioner to direct that only certain members of the Police may issue permits or licences or grant endorsements under this Act:

(pa)

providing for any matters necessary or desirable for the efficient operation of the registry, including provisions that—

(i)

require licence holders or other persons to provide specified information to the Police for inclusion in the registry and specify the circumstances in which the requirement applies:

(ii)

specify the manner or form in which information is required to be provided to the Police for inclusion in the registry:

(iii)

impose additional requirements to be met for the purposes of the registry by persons described in section 4A who apply for—

(A)

consent to conduct business at a gun show under section 7A; or

(B)

a permit to import under section 18; or

(C)

an endorsement under section 30B to possess a prohibited firearm; or

(D)

a permit to possess under section 35A:

(iv)

impose different requirements for different kinds of licences, conditions, or endorsements:

(pb)

without limiting paragraph (pa)(i), requiring specified persons to provide specified information to the Police in accordance with the regulations in relation to firearms, parts, and magazines that are not required to be marked with identifying markings (for example, antique firearms and firearms exempted from or not covered by regulations made under paragraph (l)):

(pc)

requiring specified particulars to be recorded in the registry for the purpose of section 94(1)(f):

(q)

conferring or providing for exemptions from any provision of any regulation made under this Act:

(r)

prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $2,000:

(ra)

providing, for the purposes of the orderly implementation of any Order in Council made under section 74A, for—

(i)

any exemptions from any provisions of this Act or the regulations made under this Act (subject to terms or conditions, if any); and

(ii)

any other transitional or savings matters:

(rb)

providing for matters not inconsistent with this Act that relate to the operation of the advisory group appointed under section 88, including provisions that—

(i)

state the quorum necessary for the transaction of the group’s business:

(ii)

require members to disclose any direct or indirect interest in a matter on which the group is providing advice:

(iii)

prohibit members from disclosing any information provided to them in confidence in their capacity as members of the group:

(iv)

enable the appointment of subcommittees:

(rc)

providing for matters not inconsistent with this Act that relate to the operation of the review process under section 62, including provisions that prescribe, or authorise the Commissioner to prescribe, the form of applications for a review under section 62:

(rd)

without limiting any class of persons who are authorised to do so under section 3, providing for other persons to be authorised to carry or possess firearms, airguns, pistols, prohibited magazines, prohibited parts, restricted weapons, pistol carbine conversion kits, ammunition, or explosives belonging to the Crown:

(re)

providing that any requirements mentioned in section 3(5)(a) to (d) do apply in relation to any firearms or other items regulated by or under this Act that are owned by the Crown, to the extent provided in the regulations:

(s)

providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

(2)

[Repealed]

(3)

Regulations under subsection (1)(pa) may be made only on the recommendation of the Minister of Police after being satisfied that the Commissioner has consulted the Privacy Commissioner about the proposed regulations.

(4)

Subject to subsection (3), regulations may be made under this section only on the recommendation of the Minister of Police after being satisfied that the Commissioner has done everything reasonable to consult persons or organisations (or representatives of those organisations) that appear to the Commissioner to be affected or likely to be affected by the regulations, except where the Minister is satisfied that in the circumstances it was not practicable to consult to that extent or to carry out any consultation.

(5)

No regulations made under subsection (1)(ja) may come into force earlier than 3 months after the date of their notification in the Gazette unless the Minister is satisfied that in all the circumstances there are reasons that justify an earlier commencement date and recommends accordingly.

Compare: 1958 No 21 s 32; 1966 No 18 s 3(3); 1968 No 21 s 5; 1971 No 46 s 5; 1974 No 68 s 5(4); 1976 No 151 s 17

Section 74(1)(b): amended, on 25 June 2020, by section 100(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(ba): inserted, on 1 November 1992, by section 31(1) of the Arms Amendment Act 1992 (1992 No 95).

Section 74(1)(bb): inserted, on 25 June 2020, by section 100(2) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(bc): inserted, on 25 June 2020, by section 100(2) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(e): amended, on 25 June 2020, by section 100(3) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(e): amended, on 12 April 2019, by section 69(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 74(1)(ea): inserted, on 25 June 2020, by section 100(4) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(f): repealed, on 25 June 2020, by section 100(5) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(ga): inserted, on 25 June 2020, by section 100(6) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(gb): inserted, on 25 June 2020, by section 100(6) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(gc): inserted, on 25 June 2020, by section 100(6) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(gd): inserted, on 25 June 2020, by section 100(6) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(ha): inserted, on 12 April 2019, by section 69(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 74(1)(i): amended, on 25 June 2020, by section 100(7) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(i): amended, on 12 April 2019, by section 69(3) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 74(1)(ia): inserted, on 25 June 2020, by section 100(8) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(j): substituted, on 15 November 2000, by section 5 of the Arms Amendment Act 2000 (2000 No 53).

Section 74(1)(j): amended, on 25 June 2020, by section 100(7) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(j): amended, on 12 April 2019, by section 69(3) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 74(1)(ja): inserted, on 25 June 2020, by section 100(9) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(jb): inserted, on 25 June 2020, by section 100(9) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(l): replaced, on 25 June 2020, by section 100(10) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(la): inserted, on 1 November 1992, by section 31(2) of the Arms Amendment Act 1992 (1992 No 95).

Section 74(1)(lb): inserted, on 12 April 2019, by section 69(5) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 74(1)(lb): amended, on 25 June 2020, by section 100(11) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(lc): inserted, on 12 April 2019, by section 69(5) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 74(1)(lc): amended, on 25 June 2020, by section 100(12) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(o): amended, on 1 November 1992, by section 31(3) of the Arms Amendment Act 1992 (1992 No 95).

Section 74(1)(pa): inserted, on 25 June 2020, by section 100(13) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(pb): inserted, on 25 June 2020, by section 100(13) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(pc): inserted, on 25 June 2020, by section 100(13) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(r): amended, on 25 June 2020, by section 100(14) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(ra): inserted, on 12 April 2019, by section 69(6) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 74(1)(rb): inserted, on 25 June 2020, by section 100(15) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(rc): inserted, on 25 June 2020, by section 100(15) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(rd): inserted, on 25 June 2020, by section 100(15) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(1)(re): inserted, on 25 June 2020, by section 100(15) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(2): repealed, on 25 June 2020, by section 100(5) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(3): inserted, on 25 June 2020, by section 100(16) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(4): inserted, on 25 June 2020, by section 100(16) of the Arms Legislation Act 2020 (2020 No 23).

Section 74(5): inserted, on 25 June 2020, by section 100(16) of the Arms Legislation Act 2020 (2020 No 23).