771

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THE FIREARMS. ACrS, 1927 to 1959'

Firearms Act of 1927, 18 Goo. 5 No. 21

, Amended by. Vagrants, Gaming and 'O~er Offences ActC?f ~931, 22' Geo. 5 No. 27 Firearms License Act Amendment Act of, 1945, 10 Geo. 6 No. 4 Firearms License Acts Amendment Act of 1946, 11 Geo. 6 No. 22 Firearms Acts Amendment Act of 1955, 4 Eliz. 2 No.4· Firearms Acts Amendment Act of 1959, 8 Eliz. 2 No. 50

An ACt 'to Regulate the Sale and Use of Firearms, and for other purposes [Assented to 7 January 1928]

. PART I~PRELIMINARY 1. Short title and coJnmencement~· (rY This ACt may· be cited as "The Firearms Act of 1927." . .

(2) This, ACt shall commence on a day to.be appointed by the Governor ,in <;6uncil and notified by ProClamation published in the Gazette, which date is hereinafter referred to· as the commencement of this Act.

Commenced 31' March, 1928-see Proclamation published Gazette 22 March, 1928, 'p. 1099. ' .

Collective title conferred by Act of 1959, 8 Eliz. 2 No. 50, s. 1 (3). Long title as amended by Act of 1955,4 Eliz. 2 No.4, s. 3 .. Heading-"Part I-Preliminary" inserted by Act of 1945, 10 Geo. 6 No.4,

s. 2. . ' . Section 1 as amended by'Actof 1955.4 Eliz. 2 No.'4, s. 4,

" " . If.. Parts of Act. ' This Act is divided into Parts, as follows­

PART I"":"'PRELIMiNARY;

. PART II-LICENSES, AND CONCEAL~BLE FIREARMS;

'PART III..:.:...DEALERS;

PART IV-GENERAL. . Inserted by Actpf 1945, 10 Geo. 6 No.4, s. 3.

2. Definitions.· In this Act, unless the context ,otherwise indicates, the following terms have the' meanings set against them respeCtively, that is to say- .; . .

"Air gun"-A rifle or gun of any kind, whether rifled or not, irrespective of. the length of barrel, which is known or described as an air gun, and which is capable of propelling

. a projectile of. any, kind' by means of compressed air the force of which is release~ by means ofa trigger or siniilar

'. . device, or any part thereof; . "Arrest"-.,-Used ·with reference to persons-Arrest without any

warrant 'other than this Act and take such person to a police station, there to be detained (unless he is ,released upon

7'i2 FIREARMS. Vol. 5

recognizance) until he can be brought before a court to be dealt with according to law; and the term "Arrested" shall have a correlative m~iffiing;

"Authorised officer"- . (i)' Any membe'rof the Police Force who is:not below the rank

of sergeant, or who, if below that rank, is the officer in charge of any police station, or who is performing the duties of an authorised officer at the direction of any .such member; and

(ii) Any person who is authorised in writing by the Minister to be an authorised officer for the purposes of this Act;

"Certificate of registration" or "Certificate" -A certificate of registration granted under this Act an,d in force at the material tim,e;

"Concealable firearm"-Any firearm or any part thereof of any length of barrel designed for ailning' and firing from one hand, and which is reasonably' capable of being carried concealed about the person;

"Dealer"-A person who by way of trade or business manufac­tures, sells, or repairs. firearms, or exposes or has in his possession firearms for sale or repair and who is the. holder of a certificate of registration issued to him under this Act;

"Firearm" inCludes any portable gun, rifle, pea~rifie, air gun, revolver, pistol, machine gun, sub-machine gun,. or other weapon or article. from which any shot, bullet, or other missile can be discharged or in which any blank cartridge can be discharged or from which any corrosive, noxious, or irritant liquid, powder, gas, chemical, or substance capable of causing. any bodily harm can be emitted or any part thereof;

"Hand grenade" shall include any article or thing whatsoever commonly known as a grenade or bomb and by whatever named called and whether a Mills bomb, mortar bomb, or otherwise, or any other article or thing whatsoever which is made or used or intended to be used or which is capable of being used as a. grenade or bomb, and whether designed for being so used or for throwing by hand or for projection by any other means whatsoever being or containing any "explosive" as defined by '~The Explosives Act of 1906" or any Act amending the same or in substitution therefor, or any "explosive substance" as defined by the Criminal Code or being or ,containing any corrosive noxious irritant or

, chemical substance capable of causing any bodily harm' as defined by the Criminal Code or any damage or injury to property;

"License" -A license issued under this Act and iIi force at the material time: the term also includes a permit;

"Machine gun or sub-machine gun"-Any firearm which is fully automatic in its operation and actuated: by the energy developed when it is being fired, or ahypart thereof;

"Minister"-The Secretary for Health and Home Affairs or other Minister of the Crown for the time being administering this

, , - Act; .

FIREARMS ACTS, 1927 TO 1959 ss.l,lA 773

"Officer in charge of police at a police station"-Any member of the Police Force who is for the time being in charge of a police station, and "officer in charge of police at the police station" shall have a correlative meaning; ,

"Person"-Includes' any company, corporation, partnership, or firm registered under the laws relating to the registration of firms, or body of persons corporate or unincorporate;

"Prescribed"-Prescribed by this Act; "Public place" includes every road, and also every place of public

resort open to or used by the public- as of right: the term also includes-

(i) Any vessel, vehicle, aircraft, shop, room, office, house, outhouse, yard, licensed premises, field, ground, park, reserve, garden, wharf, pier, jetty, platform, market, passage, or other building, premises, or place for the time being used fora public purpose or' for the time being open

, to access by the public, whether on payment or otherwi,se, or for the time being open to access by the public by the express or tacit consent or sufferance of the owner or occupier, and whether the same is or is not at all times; so open; and.

(ii) Any place declared by the Governor in Council,by Order in Council, to be a public place for the purposes of this Act;.

"Range" -In relation to any pistol club approved under this Act, any place on or in which members of the pistol club are authorised by the approval to practise shooting with conceal­able firearms;

"Sale" includes barter and exchange: the terms "sell," or "sold," or other derivatives, have corresponding meanings;

"Silencer"-Any device or contrivance made or used, or capable of being used or intended to be used, for the purpose of reducing the sound caused by discharging a firearm;

"This Act" -This Act and all Proclamations, Orders in Council,' and regulations made thereunder.

As amended by the Vagrants, Gaming, and Other OffenceS Act of 1931, s. 57 (i), title VAGRANTS; Act of 1945, 10 Geo. 6 No.4, s. 4; Act of 1959, 8 Eliz. 2 No. 50, s. 2. .

Acts referred to: Explosives Act of 1906, 6 Edw. 7 No.2!, See now Explosives Acts,

1952 to 1963, title EXPLOSIVES; p.' 559, ante. Criminal Code, see CRIMINAL LAW, Vol. 3.

Firearm:-A double barrelled pistol which has had holes bored in the sides of the barrels is a firearm, as the holes might be filled up so as to make it effective with live ammunition, Muir v. Cassidy, [1953] S.L.T. 4.

A dummy revolver, which could by driIling be converted into a weapon . ca.pable of kiIling a man at a distance of five feet,' was held under the Firearms

Act, 1920, 10 & 11 Geo. 5, c: 43 (Imperial) (repealed) to be a firearm, CafJerata v. Wilson, [1963] 3 All E.R. 149.· '.' . .

Further as to statutory interpretation, see Acts Interpretation Acts, 1954 to 1962, title ACTS OF PARLIAMENT, Vol. 1, p. 82. .

2A. Exemption. " This Act shall not apply to-- ' (a) Any person who is a member of the defence forces of the

Commonwealth or of the armed forces of any Government which js allied or associated with. His Majesty in any. war in

774

(b)

(c)

(d)

FIREARMS Vol. 5

which His Majesty is engaged, or of the: Police Force or prison service of the' Commonwealth or of: this State or any other State' or territory of. the Commonwealth, or who is a peace officer under the Peace Officers Act 1925 of the Parliament of the Commonwealth in respect of his possession .of any firearm or hand grenade prescribed for the use of such force, service, or person, and· used or carried in the performance of his duty; Any person whilst engaged in the manufacture, assembly, or handling of any firearms or hand grenades for or on behalf of the Government of the Commonwealth or. any State or territory of the Commonwealth; Any person engaged in scientific or experimental work with any firearm or hand grenade in pursuance of an authority in . that behalf granted by the Minister and in compliance with the terms and conditions imposed b¥ any such authority; Any member of a rifle' club formed, m4naged, or controlled pursuant to the Defence Act 1903-19$3 of the Common-wealth (including any regulations thereunder) or any enact­mentor regulation of the Commonwealth in amendment thereof or in substitution therefor, in relatio.il to any firearm or ammunition for a firearm' belonging to or· used by the rifle club when ·that firearm or ammunition is used, carried, or had in possession by that member for the purpose of the rifle club.

Inserted by Act of 1945, .10 Geo. 6 No.4, s. 5, and as amended by Act of 1955, 4 Eliz. 2 No.4, s. 5.

Acts referred to: Peace Officers Act, No. 12 of 1925 (Commonwealth), not now in force. Defence Act 1903-1956 (Commonwealth).

As to possession of firearms by members of .the defence forces;'see Heritage v. ( faxon. (1941); 85 Sol. Jo. 323; Tartlelin v. Bowen, [1947] 2 All E.R. 837.

PART II-LICENSE.S AND CONCEALABLE. FIREARMS

3; (1) License for purchasing, using, acquiring, carrying, or. possessing a concealable firearm. Subject to this Act, a person shall not purchase or otherwise acquire, use, carry, or have in his po~session any concealable firearm unless he holds a license _ issued to him under this Act and in force at the time in respect of such concealable firearm.

. (2) Separate license. A separate license shall be taken out in respect of each concealable firearm, and such license shall not be transferable.

(3) Offences~ . SubjeGt to this Act, any person who. has in his posses~ionany concealable· finiarm, without holding a license issued to him for such concealable firearm, shall be guilty of an offence against this Act:

Provided that where any person who is convicted by the court of any offence under this subsection' has been previously convicted of at;!.. indictable offence and has served a sentence of imprisonment in respect of such indictable 'offence, the court before whom such person is convicted oiany such offence unde.r this s.':lps~tion shall sentence' such person to

j ~ p~;.r 1<) 't~ \. '. . , ~1/~l;1l S ~ "1~1'1- (1 . .

I ~,..(

FIREARMS ACTS, 1927 TO 1959 ~.lA,3 775

a term of imprisonment for a' term of not less than one month ~d not exceeding twelve months, without extending to such person any option of the payment of any penalty in lieu of such term of imprisonment, any law to the contrary notwithstanding. .... .

(4) Further offences. Any person who uses or carries any· conceal­able firearm without holding a license for such concealable firearm shall be guilty of an offence against this Act:

Provided that where any person .who is Convicted by the court of any offence under this subsection has been previously convicted of an indictable offence and has served a sentence of imprisonment in respect of such indictable oiIence, the court before whom such person ~s convicted shall, in addition to any penalty it may impose, sentence such person to a term of imprisonment for a term of not less than three months and not exceeding twelve months, any law to t~e contrary notwithstanding.

(5) Exemptions. This section shall not apply to-(a) A dealer in respect of any concealable firearm purchased

or other:wise acquired, used, carried, or had in his possession in pursuance of his trade or business as a dealer; .

(b) A common carrier or a servant or employee of a dealer who has in his possession or carries any concealable firearm in .th~· ordinary course of his employer's business;

(c) Any person who uses a concealable firearm in respect of which a license has been issued to the owner for the 'purpose of shooting at a shoo~ing gallery which is under the personal supervision of a responsible person in charge thereof;

(d) A person in respect of having in possession, carrying or using a concealable firearm under and in accordance with a permit under section '4A or section 4B of· this Act;

(e) A person who is a member of a pistol club approved under this Act, and who holds a license· under section four or a permit under section 4c of ·this Act, in respect, of the possession or use by him at any time, and' upon a range of such pistol club or .of another pistol club approved under this' Act, . of a concealable firearm whereof he' has such

. possession or use for the purpose of then and· there shooting at any target and wherefor another member of the pistol club whereof he is a member holds a license. under section four of this Act; .

(f) Such other cases as the Governor in Council may from time to' time, by Order in Council published in· the Gazette, determine.

(6) Upon the hearing of a complaint, information, or charge againSt any person' for any breach of the provisions of this section it shall.not be necessary for the ' prosecutor to specify in the complaint; . information, or charge, or to prove that such person' is a person to whom this section applies, but it shall be a defence for. such person to prove' that he' is . a person to whom this section does not apply. .. ....

Heading "part iI-Licepses and. Con~lab1e F~earlns". inseI1tx!" by Act of 1945, 10 Goo. 6 No.4, s. 6.' .' '.,

Section 3 as amended by· Act of 1945. '10 Goo. 6 No. 4 s. 7; Act of 1955, " Eliz. 2, No.4. s. 6, and Act of 1959, 8 Eliz. 2 No. 50, s. 3.' .. '. ": .'. :

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776 FIREARMS Vol. 5

. For provlSlons . governing the manufacture, storage and .examination of explosives, see the Explosives Acts, 1952 to 1963, title EXPLOSIVES, p. 559, ante.

As to the, offence of discharging lo.ided firearms with intent to alarm any person in a dwelling-house, see the Criminal Code, s. 75, title CRIMINAL LAW, Vol. 3.

As to participation in processions under arms, see ibid., s. 77. As to. robbery under arms, see ibid:, s. 411; as to attempted robbery, see

ibid., s. 412. As ,to the offence of going armed so as to cause fear, see ibid., s. 69 .. As to smuggling under arms, see ibid., ss. 67, 68. With respect to provisions of the Criminal Code, see s. 21 of this Act, p. 800,

post. ' As to the offence of being found by night armed with intent to commit an

indictable offence, see the Vagrants, Gaming, and Other Offences Acts, 1931 to 1963, s. 4 (ix), title VAGRANTS. As to going armed by night, see ibid., s.4 (1) .(x).

A license for a firearm covers its component' parts, e.g., a telescopic sight (but see as to silencers s. 13), Watson v. Herman, [1952] 2.AU E.R. 70.

As to. punishment for an offence, see s. 16 (2). As to pistol clubs, see s, iSs.' For prohibitions 011 young personS and others of certain classes possessing,

etc., firearms, see ss. 14A, 15, and 15A. .

4. (1) Application for and issue of licenses. Subject to this Act, every person having in his possession a concealable firearm at the commence­ment of this Act, and every person who after the commencement of this Act desires to purchase, use,carry, or have in his possession a concealable firearm, shall apply for a licel)se. '

(2) Application for license to be made to police. ,Applications for licenses under this Act shall be made on the prescribed form to the officer in charge of police at the police. station in the police division' in which the applicant usually resides, to) whom he shall hand the concealable fir:earm, if in possession of the same. , '

Such officer in charge of, police shall thereupon make careful inquiry and report to the inspector or sub-inspector of police in charge of the police district in which the applicant resides, showing whether in his opinion the applicant is a pe!son ~h<? has good reason for requiring the license appl~ed for and. may be.permit!ed; to have' in his possession or under his control, and to use and carry, a ,concealable firearm without any danger to the publlq or to the peace. .

(2A) Further inquiries. If in the opinion bfthe inspector or sub­inspector of police to whom a report is furnished as aforesaid it is necessary or desirable that further inquiries be made concerning any application fora license for a concealable firearm he may cause such further inquiries to be made as the circumstances indicate, are necessary or desirable. .

(2B) Application forwarded to inspector. When police inquiries coricerning an, application for a license have been completed the applica­tion,form together with police reports concerning,same shall be forwarded to the inspector o( police at the Criminal Investigation Branch, Brisbane.

(3) Powers of inspector to gi-ant or refuse'license. On receipt of such application form and police reports the inspector of police at the Criminal Investigation· Branch, Brisbane, may, in his absolute discretion, issue or refuse to issue a license, to the, applicant.

FIREARMS ACTS, 1927 TO 1959 SSe 3, 4 777

(4) Persons under . eighteen years of age, etc.. No license shall be issued to a person under the age of eighteen years, or to a person who is of unsound mind or of intemperate habits, or who is a known or reputed criminal or known or reputed prostitute.

(5) Banks, corporations, companies, or firms. Where the conceal­able firearm in respect of which a license is required is to be purchased, used, carried, or kept by the proprietor, manager, or other' employee of any bank, corporation, company, or firm for the sole purpose' of protect­ing property of or in the possession of such bank, corporation, company, or firm, or during the conveyance of property to or from such premises, the license may be issued in the name of the proprietor, manager, or other employee of such bank, corporation, company, or firm, and the concealable firearm. in respect of which such license is issued may be purchased, used, carried, or kept by any other .employee of such' bank, corporation, company, or firm, for such purpose, notwithstanding that the name of such other employee does not appear on the license.

(6) Fees. The fee payable upon the issue of any firearm license and upon each renewal thereof shall be such sum as may be prescribed.

(7) Advice of refusal. When the inspector of police at the Criminal Investigation Branch, Brisbane, refuses·.' an application for a license he shall cause the applicant to be advised accordingly in the manner prescribed.

(7 A) Appeal in case of refusal. Any applicant aggrieved by a refusal of the inspector of police at the Criminal Investigation Branch, Brisbane, to issue a license may appeal from such refusal to the Minister, whose decision shall be final and binding aJ?d without appeal.

(8 r (i) Duration of license. A license shall, unless previously revoked, continue in force until the thirty-first day of December next following the date of issue thereof, but subject as hereinafter. provided may be renewed .for a further period expiring on the thirty-first day of December next following the date upon which the renewal of such license becomes operative, and so from time to· time.

(ii) Renewal of license. Any person who requires a renewal of a license shall, within the sixty days prior to the thirty-first day of December preceding the year for which such renewal is required, lodge. an applica­tion in writing on the prescribed form with the officer in charge of police at the police station in the police division in which the applicant is then residing, together with the prescribed fee for such renewal. .

(iii) Inquiry into application. The officer in charge of P9lice at a police station who receives an application for renewal of a license shall make careful inquiry and if he is. satisfied that the applicant-

(a) Is the holder of and produces a license issued to him for the period immediately preceding the year for which renewal is. applied for; and

(b) Has possession of the con~ealable firearm described in such license and produces such concealable firearm; and

(c) Has good reason for requiring the renewal of the license applied for; and

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778 FIREARMS .. - Vol. 5

(d) May be permitted to have in his possession or under his control and to use and cariysuch concealable firearm without. any danger to the public or ,to the peace,

he may approve of a renewal of the· . license, otherwise the application shall be, dealt V/ith as in the case of an application for a new license.

(iv) EndorSement. A renewal of a license shall be. endorsed by an authorised officer in the prescribed manner on the license.

, (v) Persons authorised to make endorsement. No pe·rson oth~r than an: authorised officer shall make or cause or permit to be made on a license any endorsement as provided in paragraph (iv) of this subsection.

(vi) Offence re endorsement. It shall be an offence against this Act for any person to have in his possession a license whereon an endors~ ment has been .made otherwise than as provided in paragraph (iv) of this, subsection.

(9) (i) Revocation of licenses. The inspector of police at the Criminal Investigation Branch, Brisbane, may, in his absolute discretion, revoke any license if he is satisfied that a person to whom any license was issued is unfit to hold such license or upon receipt by him of a report in- writing signed by the officer in charge of police at the police station in the police division in which the person to whom such license was issued usually resides intimating that such officer in charge of police is satisfied that such licensee is prohibited by this Act from holding a license, or is a person of unsound mind or of intemperate habits, or is a known or reputed criminal or known or reputed prostitute, or is otherwise unfitted to be entrusted with a concealable firearm:

Provided that the holder of such license may appeal to· the Minister against a decision of the inspector of police at the Criminal Investigation Branch, Brisbane, to revoke such license, and the decision of the Minister in the matter shall be final and binding, and without appeal.

(ii). When a license has been revoked in the manner hereinbefore provided a notice in writing signed by the inspector of police at the Criminal Investigation Branch, Brisbane, shall be served on the licensee informing him of the fact of such revocation and requiring him to forth­with surrender his license to the officer in charge of police at the police station in the police division in which the person to whom the license was issued usually resides.

(iii) Any person who fails to surrender his license within forty­eight hours from receipt of such notice of revocation shall be guilty of an offence against this Act.

(iv) When concealable firearm to be handed to police. Where a license is revoked or where the person to.whom a license has been issued does not desire to renew such license the person to whom such license had been issued shall forthwith hand the Concealable firearm to which such license has applied to the officer in charge of police at the police station in the police division in which the person to whom such license was issued usually resides or to a dealer, to be held by such officer or dealer as the case may be pending the sale or other lawful disposal of the concealable firearm.

FIREARMS ACTS, 1927 ·;TOI959 58.4,4A 7.19,

Where' the concealable 'firearm' is harided to a dealer'such dealer shall forthwith issue a receipt for the same and within three days there­after forward a duplicate of such receipt to the officer in' charge of police at the police station in the police division in which the ~rson ,to whom the license for such concealable firearm was ,issued usuallY.resides.

(v) (Repe~led.), '

(vi) The regulations may provide for the purchase" disposal, or sale by the Commissioner of Police of any concealable firearm handed to an officer in charge of police at a police station under this' section failing the sale or lawful disposal by the own~r thereof within a period of six months. '

Where a' con~ealable 'firearm handed . iIi llndet this' 'section is purchased, sold, or' disposed of by the Commissioner of Police 'pursuant to the regulations made in that behalf the net proceeds of the' sale' shall, upon the' prescribed application made within the prescribed time, be paid to the owner of the concealable firearm, and, failing such application, shall be paid to the Police Reward Fund. '

( 10) Record of licenses and certificates. A record of 'all licenses and certificates issued under this Act shall be kept at the Criminal Investigation Branch, Brisbane, and sh~l be open for inspection at all reasonable times upon payment of the fee (if any) prescribed. ' "

As amended by Act of 1945, 10 Geo. 6 No.4, s. 8, and Act of' 1955, 4 EIiz. 2 No.4, s. 7. .

As to the right to carry firearms at common law, see R. v. Anderson, [1910] Q.W.N. 19; 4 Q.J.P.R. 106.

For Regulations see Table of Contents, p. 767, ~"lte. , , Subsection (4); For further restrictions on the' persons specified in this

subsection, see s. 4A (4). With subsection (4), cf. the second paragraph of s; 5 (I) and s. 15 ... (1). '

As to punishment for offences, see s. 16 (2). 'A person other'than a dealer, seeking to buy or hire a concealable firearm

must produce a license, s. '5. " ",' , As to the offenc,e of improperly obtaining licenses, see s. 14.

4A. Permit, to use blank fire concealable firearm. ( 1) Subject to this section, the inspector of police at the Criminal, Investigation Branch, Brisbane, may permit in writing a person to have in his possession and use for the purpose specified in the permit the blank 'fire concealable firearm specified in the permit. ' .

(2) Any permit under this section' may be limited as to time, place or any other circumstanc~ as is specified there~n. '

(3) A permit under this section shall not be issued for any purpose save a purpose related to a theatrical performanCe or an athletic event.

( 4) A permit under' this, section shall not, be issued to any person specified in subsection (4) of section four of this Act.

(5) A permit under this section shall not authorise,' justify or excuse--

(a) The possession or use by any person other than the permittee of the concealable firearm specified in the permit;

(b) The possession or use, by the permittee of any ccncealable firearm save the concealable firearm specified in the permit;

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180 FIREARMS VoL 5

(c) The possession or use by the permittee of the concealable firearm specified in the permit for any purpose save the purpose specified in the permit; or .

(d) 'The possession or use by the permittee of the concealable 'firearm':specified in the permit for the purpose, specified in the permit contrary in any respect to any limitation with respect to time, place or any other circumstance specified in the permit.

(6) The inspector of' police at the Criminal Investigation Branch, Brisbane, may at any time by notice in writing served upon the permittee, cancel any permit under this section,

(7). Any applicant for or holder of a permit under this section may appeal to the Minister against a decision of the inspector of police at the Criminal Investigation Branch, Brisbane. to refuse to issue or to cancel such. permit, and the decision of the Minister in .the matter shall be final and· binding, and without appeal.

Inserted by Act of 1959, 8 Eliz. 2 No. 50, s. 4. The ten:n "license" includeS a permit, s. 2. For the offence of improperly obtaining a llicense, see s. 14.

48. Licenses for concealable firearms issued outside Queensland. (1) Subject to this section the inspector of police at the Criminal Investigation Branch, Brisbane, may permit in writing a person-

(a) Who usually resides outside Queensland and who is temporarily in Queensland; and

(b) Who holds a license or other authority in writing issued under the law of the State or Territory of the Common­wealth of Australia or other country in which that person usually resides authorising him to have in. his possession a concealable firearm,

to have in his possession in Queensland the concealable firearm in respect of which he holds that license or authority for the period specified in the permit (which period shall be not longer than three months).

. . (2) A permit under this section shall specify the license or other authority and the, concealable firearm in relatiQn' to which it is issued.

(3) A permit under this section-(a) May specify the purpose for which the concealable firearm

specified therein may be used in Queensland; and (b) In respect of the use in Queensland of the concealable fire­

arm specified therein, may be limited as to place or any other circumstance as specified therein.

( 4) A permit under this section shall not be issued to any person specified in subsection (4) of sectio~ four of this Act.

(5) A permit under this section shall riot authorise, justify or excuse-

(a) The possession or use by any person other than the permittee of the concealable firearm specified in the permit;

(b) The possession or. use by the permittee of any concealable firearm save the concealable firearm specified in the permit;

FIREARMS ACfS, 1927'TO/1959, ss.4A-4C 7S1

(c) (If the purpose for which the' concealable firearm specified therein may be used in Queensland'is specified in the permit) the use by the permittee Of the concealable firearm speyified in the permit for any\ purpose save the purpose specified in the permit; or '

,(d), Theuse'by the permittee'of the concealable firearm 'specifi~4 in the permit fof any purpose contraIy' in any respect to any limitation with respect' to' place or any other circumstance speCified in the, permit. './' .

, (6) The inspecto; of police at the' Cr~i~al Investigation Branch; Brisbane, m.ay <!t any time by notice in' writing, 'served upOn the permittee, cancel any permit under this section. '

I • o{'

(7) Any applicant for or holder of a Permit under this section may appeal to the Minister against a decision of the inspector of polic~ at the Criminal Investigation Branch, Brisbane, to refuse to issue or to cancel such permit, and the decision of the Minister in .the ma~ter, shall lx: final and binding, and without appeal.

Inserted by' Act of 1959, SEliz, 2 No, 50, s, 5, The term' "Hcense" includes a 'permit, s, 2, " : " For the offence of improperly obtaining a license, see s, 14,

4.C. Perinit to use concealabJe firearm on range ,of approved pistol club. ( 1) Sl,lbject to this secti,?n the inspector of pOlice at the Criminal Investi~ gation Branch, Brisbane, may permit in writirig amemoer of ai pistol club approved under this Act to have in his possession arid use, fot (the purpose Qf shooting at a target on any range of such club or of any other pistol club approved under this Act, any concealable, firearm in respect whereof another member of that club holds a license under section four of this Act.

(2) A permit under this sectiqn shal~ ~ot authorise, justify or excuse- '

(~) The pOssession or use by the permittee of' any concealable firearm, save a concealable firearm in respect of which another member of ~e pistol club" approved under this Act whereof the permittee is, a, member, holds a' license under section four of this Act; or

(b) The possession or' use'by the perrn'ittee. of 'any concealable firearm, in respect of which another member of the pistol club approved under this Act whereof th~ permittee is a, member holds a license :under section four of this Act, for any purpose save the purpose of shooting' at a t~rget on a range of the pistol club approved under this Act whereof the permittee is a member, or a range of some other pistol club approved under this Act.,,' . ' ,

(3) The inspector of police at' the Criminal Investigation Branch, Brisbane, may at any time by notice in writing served upon the permittee, cancel any permit under this section, " " ,

( 4) Any applicant for or holder of a permit under this section may appeal to the Minister against a decision of the inspector of police at the Criminal Investigation Branch, Brisbane, to refuse to issue. or to cancel such permit, and the decision of the Minister in the matter shall be fimil and bind~ng, and without appeal,

782

Inserted by Act of 1959, 8 Eliz. 2 No. 50, s. 6.

As to pistol clubs, see s. 188. The term "license" includes a permit,s. 2. For the offence of i~perly obtaining a license, see s. 14.

VoL 5

s. (1) Sale or hire of firearms. It shall be unlawful for any person to sell by retail or by auction" or by private sale, or ,to let or hire a conceal­able firearm. to any person other than a dealer, unless at, the time of the sale, letting, or hiring such person other than a dealer produces a license issued to him in respect of such concealable firearm.

Subject to this Act, .in no case under this section shall any person sell, let, or hire a concealable firearm to any,'person under'the age of eighteen, years, or to, a person who is of unsound mind or of intemperate habits, or who is a known"or reputed criminal or known or reputed prostitute. '

(2) Entry' of sale or hire. Every person who sells by retail or by auction, or by private sale, or lets or hires. a concealable firearm shall before such sale, letting, or hiring make or cause to be made an entry in a book to be kept for that purpose specifying the description of the concealable firearm's'old; let, or 'hired, the date of such sale, Jetting, or hiring, the name and address of the purchaser, lessee, or hirer, the date of such license produced by the purchaser, lessee, or hirer, or particulars of the lawful authority, exempting such purchaser, lessee, or hirer from having such license, and such further Pllrticulars as may be pres~ribed.

Such person shall at all times permit any member of the Police Force to inspect and make copies of entries in the book so kept by him. as aforesaid. '

(3) Penalty. Any'person whO-:-(a) Contravenes any of theJoreg~in~ provisions of this section; or

(b) on. the sale, letting, or hiring of a concealable firearm makes or causes to be made any false entry or statement as to any matter concerning which he is required by this section to make an entry or statement,. .

shall be. guilty of an offence, against this Act.

( 4) Concealable 'firearm not to be pawned. A pawnbroker shall not take any concealable firearm in pawn from any person.

Substituted by Act of 1945, 10 Geo. 6 No.4, s. 9 and amended by Act Of 1955, 4 'Eliz, 2 No.4, s. 8:

See Regulations, p, 767, ante (Table of Contents). As to licenses for concealable firearms, see s, 4. As to punishment for an offence, see s, 16 (2). With the' second paragraph of subsection (1), cf. ss. ·15A (1), 4 (4).

With subsection (4), cf. S. 15A (2). Dealers must obtain a certificate of registration, s. 7.

With subsection (2), cf. S •. 7B.

6. (Repealed.) Repealed by Act of 1945, 10 Geo, 6 No. 4, ~, 10.

·\

FIREARMS ACTS, 1927 ,TO 1959 ss.4C·7 783

, PART IIl~REGIS'TRATION OF DEALERS ~' ..

7.(1) -Registration of dealers. -., An'y person who by- way 'of trade or business manufactures or sells concealable firearms or repairs concealable firearms or 'exposes or has in his possession concealable firearms for sale or repair, unless he shall first have obtained a certificate of registration as a dealer, shall be guilty of an offence against this Ac!.

(2) Application for registration. An application for such certifiCate shall be made in the prescribed form to the officer in charge of police at the police station in the police division in which the applicant desires to carry on the trade or business of a dealer. '

Such officer shall thereupon make careful inquiry and report to the inspector or sulJ.:.inspector of- -police in charge of the police district in which the applicant desires to carry on the trade or business of a dealer, showing whether in his opinion the applicant is a person to whom such certificate should be issued. .

. (3) Further inquiry. If in the opinion of the inspector or sub­inspector of police to whom a 'report is furnished as aforesaid it is neces· sary or desirable that further inquiries be made concerning an application for any such certificate he may cause such further inquiries to be made as the circumstances indicate are necessary or desirable. .

( 4) Report to Criminal. Investigation Branch. When police inquiries concerning an application for any such certificate have been completed the application form together with police reports concerning same shall be forwarded to the inspector of police at the Criminal Investigation Branch, Brisbane. '

(5) Discretion of inspector~ On· receipt of such application and police reports the inspector of police at the Criminal Investigation Branch, Brisbane, may in his absolute discretion issue or refuse to issue a certificate of registration to the applicant. .

(6) Advice of refusal. When the inspector of police at the Criminal Investigation Branch, Brisbane, refuses to issue a certificate of registration he shall cause the applicant to be advised accordingly. '

(7) Appeal; Any applicant aggrieved by a refusal of the inspector of police at the Criminal Investigation Branch, Brisbane, to issue a certificate of registration may appeal from such refusal to the Minister, whose decision shall be final and binding and without appeal.

(8) (a) Fee. The fee payable for the issue of any certificate of registration- shall be such sum as may be prescribed.

(b) Duration of certificate renewals. A certificate of registration shall unless sooner revoked continue in force until the thirty-first day of December next following the date of the issue thereof, but subject as hereinafter provided may be renewed for a further period expiring on the thirty-first day of December next following the date upon which the renewal of such license becomes operative, and so from time to time:

Provided that any application for a renewal of a certificate shall be in the prescribed form and shall be forwarded by an applicant to the officer in charge of police at the police station in the police division in· which the applicant carries on the trade or business of a dealer within sixty days prior to the thirty-first day of December preceding the year for which such renewal is required.

, .'~ :FIREARMS • Vol. 5

(9) Application for renewal . . The . officer in charge of police at a police station who receives an application .for a renewal of a certificate of registration shall make careful inquiry, and if he is satisfied' that the applicant is a.fit and proper person.to w4.om such renewal may be granted he may approve of a renewal of the certificate of. registration, otherwise the application shall be dealt with as in the case of 'an application for a new. c~rtificate of registration.

(l0)' EDdo~meni •. A ren~w'al of a c~rtificate of registration shall be endorsed by an authorised officer in the prescribed manner on the certificate of registration.

(11) Authorised officer to endorse. No person other than an authorised officer shall make or cause or permit to be made on a certificate of registration any' endorsement as provided in subsection ten of this sec.tion. . ...... .

(12) Offence. It shall be an offence against this Act for any person tohave in his possession a,certificate of registration ~hereon an endorse­ment has been made otherwise ~han as provided in subs~ction (10) of this section. . .

Heading "Part III-Registration of Dealers" inserted by Act of 1945, 10 Geo. 6 No.4, s. 11. .

Section 7 substituted by Act of' 1945, 10 Geo. 6 No.4, s. 12; as amended by Act of 1955, 4 Eliz. 2 No.4, s. 9. .

. Semble the provisions of'. this section do ·not contravene s. 92 of the Constitution of the CommonweaHh. See Coghlan v. Fleetwood, [1951] S.A.S.R. 76, at p. 81.. '. . . .

As to punishment for offences, see s. 16 (2). For the offence of improperly obtaining 'a certificate, see s. 14.

7A. Revocation of certificates of registration, etc.. ( 1) The iIisp~ctor of police at the Criminal Investigation Bran~h, Brisbane, may in his absolute discretion revoke any certificate of registration if he is satisfied that a person to whom any certificate was issued is unfit to hold such certificate or . upon receipt by him of a report in writing' signed by the officer in charge of the police station in the police division in which the person to whom a certificate of 'registration has been granted has carried on the trade or business of a dealer intimating that such officer is satisfied that the holder of any' such certificate is, for any reason, unfit to hold such certificate:

Provided that the holder of any such certificate may appeal to the Minister against a decision of the inspector of police at the Criminal Investigation Branch, Brisbane, to revoke such certificate, and the decision of the Minister shall· be final and binding and without appeal.

(2) The .inspector of police at the Criminal Investigation Branch, Brisbane, shall cause a notice in the prescribed form to be served on· the holder of a certificate of registration which has been revoked informing him of the fact of such revocation.

(3) Within the period of fourteen days after receipt by him of a notice pursuant to subsection (2) of this section the person to whom a certificate of registration has been issued shall, subject to this Act, dispose of his stock of concealable firearms, and for the purpose of disposing of any concealable firearms in his stock at the time he receives notice of revocation of his certificate of registration he shall be deemed to be a dealer for such period of fourteen days.

FIREARMS ACTS, 1927 TO, 1959 ss. 7-7B 785

( 4) If a person to whom a certificate of registration as a dealer has been issued is unable to. dispose of all or any concealable firearms within a period. of fourteen days after. he receives notice of revocation of his certificate of registration he shall upon the expiration of such period of fourteen days-

(a) Forthwith deliver to the officer in charge of police at the police station in the police division in which he has carried on the trade or busjness of a dealer a return. fully and accurately describing all concealable firearms in his possession; and

(b) Forthwith deliver to the officer in charge of police at the police station in the police division in which he has carried on the trade or business of a dealer, or to another person who is the holder of a certificate of registration as a dealer, any concealable firearms in his possession in respect of which no license has been issued to him; and

(c) Thereafter not sell or otherwise dispose of to any other person or purchase or otherwise acquire from any other person any concealable firearms otherwise than in pursuance of a license issued to him pursuant to the provisions of this Act.

(5) The regulations may provide for the purchase, disposal, 'or sale by the Commissioner of Police of any concealable firearm delivered to an officer in charge of police at a police station in pursuance of paragraph (b) of subsection (4) of this section failing the sale or lawful disposal by the owner thereof within a period of six months.

Where a concealable firearm handed in under this section is purchased, sold, or disposed of by the Commissioner of Police pursuant to the regulations made in that behalf the. net proceeds of the sale shall, upon the prescribed application made within the prescribed time, be paid to the owner of the concealable firearm, and failing such application shall be paid to the Police Reward Fund.

Inserted by Act of 1945, 10 Geo. 6 No.4, s. 13.

7B. Dealer in concealable firearms to keep record. ( 1) Every dealer who sells. or otherwise disposes of or purchases or otherwise acquires possession in any manner whatsoever of any concealable firearm shall keep a book in which he shall make a true record of all purchases and acquisitions ,and sales and dispositions by him of concealable firearms.

(2) Every dealer shall, before making any such purchaSe or acquisition, make an entry in a book to be kept for that purpose specifying the description of the concealable firearm so purchased or acquired by him, the name and address and occupation of the person from whom such concealable firearm was. so purchased or acquired, the date of the license produced by such person, and such further particulars as may be prescribed.

(3) Every dealer who sells or otherwise disposes of any concealable firearm shall before sale or disposal, make or cause to be made an entry in a book to be kept for that purpose specifying in addition to the particulars required by subsection (2) of this section the description of the concealable firearm sold or otherwise disposed of by him, t~e date of such sale or disposal, the name and address and' occupatIOn of the person to whom the concealable firearm was s.old or

'--------------------- ---------

786 FIREARMS, Vol. 5

to whom such disposal was made, the date ,and: number of the license produced by the purchaser,. or, in the absence of the production of such license, particulars of the lawful authority or exemption under which the sale or disposal was made, and such further particulars as .may be prescribed.

"( 4) Before any dealer purchases or otheiwise acquires possession of any concealable firearm from or sells or otherwise disposes of any concealable firearm to any person, such dealer shill demand from such person the production of his license in respect of such concealable firearm and such further particulars as are necessary to enable such dealer to make the entries· required by this section to be kept in a book by such dealer. Every person to whom a dealer makes any demand as authorised by this subsection shall produce to such dealer his license and give all such further particulars to such dealer as are demanded by him.

(5) Every such dealer shall at all times permit any member of the Police Force to inspect and make. copies of any entries in the bo.ok so kept by him as aforesaid and shall at aU times on demand afford to any member of the Police Force all further information in his posses­sion in respect of any sales or dispositions qr purchases or acquisitions made by him of concealablefu:earms:

(6) Every dealer who fails to keep such record or permit such inspection or furnish such information, or who refuses or without

. reasonable excuse fails to produce his certificate of registration on demand by any member of the Police Force, or any person who, when required by a dealer pursuant to this section to produce his license, or to give his name, address, or occupation or other particulars, fails or refuses to produce such license or gives a false name, address, or occupation or other false particulars, shall be guilty of an offence against this Act.

Inserted by Act of 1945, 10 Geo. 6 No.4, s. 13; as amended by Act of 1955, 4 Eliz. 2 No.4, s. 10.

Compare s. 5 (2). As to punishment for offences, see s. 16 (2).

PART IV---GENERAL

7c. Prohibition of using, etc., machine guns, etc. No person shall use, discharge, carry, or have in his possession any machine gun, sub-machine gun, or hand grenade.

(2) . (Repealed.) Headill!g "Part IV-General" inserted by Act of 1945, 10 Geo. 6 No.4,

s. 14. , Section 7c inserted by Act of 1945, 10 Geo. 6 No.4, s. 15; as amended by

Act of 1955, 4 Eliz. 2 No.4, s. 11. Other prohibited articles are specified in 85. 7o-7F, 13.

7D. Firearms capable of discharging noxious liquids,' etc. Whosoever has in his possession or carries in any public place any firearm capable of discharging in any way any corrosive, noxious, or irritant liquid, powder, gas, chemical, or other similar substance capable of causing bodily harm, except for some lawful purpose, the proof of which purpose shall lie upon him, shall be guilty of an offence against this Act.

Inserted 'by Act of 1945, 10 Geo. 6 No.4, s. 15, and amended by Act of 1955, 4 Eliz. 2 No.4, s. 12 ..

As to punishment for offences, see s. 16 (2). Other prohibited articles are specified in ss. 7c, 7E, 7F, 13.

FIREARMS ACTS, 1927 TO, 19,59 ss. 7B-8 787

7E. Prohibition against disguised 6rearms.~ ,A perso.n sh~l no.t sell, have in his po.ssessio.n, carry, use Dr discharge-

(a) Any walking stick gup.; Dr (b) Any ~ther article appearing to. be. o.ther th~ a fire~

under and within' the meaning o.f thIS Act which comprIses a tube Dr barrel made Dr adapted fo.r use fo.r dischaq~ing any sho.t, bullet Dr other missile or fro.m which ~y corrOSIve, no.xio.us Dr irritant liquid, po.wder, gas, chemIcal, Dr sub­stance capable o.f causmg any bo.dily harm can be emitted.

Inserted by Act of 1959, S Eliz. 2 No. SO; s. 7. As to seizure and forf~iture of disguised firearms, see s. 70. Other prohibited articles are specified in ss. 7c, 7D,7F, 13.

7F. Prohibition against sword sticks, etc., A perso.n shall no.t sell, have in his' possessio.n, 'carry, Dr use--

(a) Any swo.rd stick; . (b) Any spring-Io.adedknife, butto.n knife Dr flick knife Dr ~y

knife so. designed Dr cOnstructed that the blade may, whilst the knife is held in o.ne hand, be released by that hand; Dr

(c) Any o.ther article- whatsoever, which co.mprises any device , made Dr adapted fo.r use fo.r causing injury to. the perspn

and which do.es no.t appear to. co.mprise that device. Inserted by Act of 1959, 8 Eliz. 2 No. SO, So 7. As to seizure and forfeiture of these weapons, see s. 70. Other prohibited articles are specified by ss. 7c-7s, 13.

7G. Seizure and forfeiture of disguised fii'eanns, sword sticks and 'certain knives and other articles. Any member o.f the Po.lice Fo.rce may seize and detain any walking stick gun Dr swo.rd stick, Dr any knife or o.ther article to. which the pro.visio.ns o.f sectio.n 7E Dr sectio.n 7F o.f this Act apply, and the same shall upo.n and by virtue o.f such seizure be fo.rfeited to. the Crown and dealt with as the Co.mmissio.ner o.f Po.lice directs.

Inserted by Act CYf 1959, 8 Eliz. 2 No. SO, s. 7. , For the offence of obstructing police, see s. 12.

For power to seize and forfeit a concealable firearm, see s. SA. For power to seize and forfeit any firearms or ammunition, see s. ISs. As to forfeiture of fiiearms on conviction for an offence, see s. 17 (2).

8. Demand production of license. Any member o.f the Po.lice Fo.rce may demand fro.m any perso.n who. at Dr immediately preceding the time o.f such demand has in his po.ssessio.n Dr may be Dr may have been using Dr carrying any co.ncealable firearm the pro.ductio.n o.f the license fo.r so. do.ing, and may also. demand from such perso.n his name and address. .

If such perso.n refuses Dr witho.ut reaso.nable excuse fails to. produce such license Dr does no.t give his full and co.rrect name and address, Dr gives a false name Dr address, he shall be guilty o.f an o.ffence against this Act .

. Substituted by Act of t'94S, 10 Goo. 6 No.4, s. 16; and amended by Act of 1955, 4 Eliz. 2 No.4, s. 13. .

As to punishment for offences, see s. 16 (2). As to issue of licenses, see s. 4. For the prohibition or possession, etc., of unlicensed concealable firearms,

see s. 3. For power to seize and forfeit concelrlable firearms, see s. SA. For powers of search, see iSS. 9, 10. For the offence of obstructing police, see s. 12.

788 FIREARMS Vol. 5

SA. Power of seizure of concealable-firearm.' Any member of the Police Force may seize and detain any concealable firearm found in the posses­sion of or being used or carried by any person who is required by this Act to be but who is not or whom such member of the Police Force reasonably suspects .is not the holder of .a license therefor under this Act.

Unless it is established that the person in whose possession such concealable firearm was found is' th¥ holder of a license in respect of such concealable firearm the. same s~all be forfeited.

Inserted by Act of 1945, 10 Geo. 6 No. 4, s~ 16. See also as to forfeiture ss. 7G, 15E, 17 (2). For the offence of obstructing police, see s. 12.

9. (1) Search for and seizUre 0'( firearm. Any member of the Police Force may search any person in any public place whom he suspects of having in his possession or under his control any machine gun, sub­machine gun, hand grenade, ora concealable firearm, and whom he suspects does not hold a license for such concealable firearm and who is not exempted from the provisions of this Act, and may detain such person for the purposes of such search, and may, on failure' of such person to produce a license issued to him for, such concealable firearm or evidence of his exemption from the provisions of this Act, seize and detain any machine gun, sub-machine gun, 'hand grenade, or concealable firearm found during such search. .

(2) Further, powers of police. .When any member of the Police Force finds a person in possession of any machine gun, suo-machine gun, hand grenade, or concealable firearm and such person does not on demand produce to such, member a license authorising him to have possession of such concealable firearm, or evidence that he is a person who is entitled to have possession of such machine gun, sub-machine gun, hand grenade, or to have possession of a concealable firearm without a license, such member of the Police Force may, without any warrant other than this Act, arrest such person and take him ~s soon as practicable before a <court of petty sessions to be dealt with according to law.

, Substituted by Act of 1945, 10 Geo. 6 No.4, s. 17. As to search of premises, see s. 10. For the offence of obstructing police, see s. 12.

10. Power to search premises for firearm. If a justice is satisfied by information on oath that there is reasonable ground for suspecting that any hand grenade or any firearm is concealed or lodged in any vessel, vehicle, 'aircraft, shop, room, office, house, outhouse, yard, garden, or -other building, premises, or place in breach of this Act he may grant a 'search warrant authorising any member of the Police Force with such assistants as he may deem necessary to enter at any time, if necessary by force, and to search such vessel, vehicle, aircraft, shop, room, office, house, outhouse, yard, garden, or other building, premises, or place named in such warrant and every person found therein, and to seize and -detain any hand grenade or any firearm which he may find in or on such vessel, vehicle, aircraft, shop, room, office, house, outhouse, yard, garden, or other building, premises, or place or, on such person and in respect of -which he has reasonable grounds for suspecting that a breach of this Act has been or is being or is about to be committed, and to arrest any

FIREARMS ACfS, 1927 ·TO 1959 ss.8A·12 789

person whom' he finds' using, ~arrying, or ~aving in his P9s.session any hand grenade or any firearm m. contraventlOn of the, provlSlons of this Act. . . .

Substituted by Act of 1945, 10 Geo. 6 No.4, s. 18 .. As to formalities required 'for issue of search warrant, see Palethorpe v.

Nebbia, [1937] Q.W.N. 33; 31 Q.J.P.R. 154. As to search of persons in public places, see s. 9 ..

11. Precautions to be taken by firearm owners. Any person who has a firearm in his possession and who does not take all reasonable precautions to ensure the safe keeping of such firearm shall be guilty of. an offence against this Act.

As amended by Act of 1955,4 Elii:. 2No. 4, s. 14:. As to the degree of care required at common law of persons having possession

of firearms, see 28 Halsbury's Laws of England. 3rd ed., pp. 56,' 57, and cases there cited.

As to punishment for offences, see s. 16 (2):

11A. Discharging, etc., firearm on Sunday prohibited. (1) Any person who discharges or carries any firearm on Sunday shall be guilty of an offence against this Act.

(2) The provisions of subsection (1) of UIis section shall not apply to- .'

(i) The discharging or carrying of a firearm, while he is actually engaged in the carrying Qut of the purpose, by a person whose usual and lawful occupation or employinent requires for any purpose thereof the use by him of that fireami, but the said provisions 'shall apply to the discharging and to the. carrying of. that firearm by that person on all other occasions on Sunday as w~ll as to the discharging and to the carrying by him at whatever time on Sunday of a firearm of a type not usually used by persons in the carrying out of the like purpose;

(ii) The discharging or carrying of a firearm usually used by persons for the like purpose, by a person for the purpose of and. while taking part in a shooting match, competition, or contest wherein objects commonly known as clay pigeons are 'projected for the purpose of shooting, nor to the carrying of that firearm by him when proceeding to or from that shooting match, competition, or contest:

Provided that sub-paragraph (ii) of this subsection shall not except from the provisions of subsection (1) of this section the carrying of a firearm within any city or town, unless that firearm is either broken or has the bolt thereof removed therefrom, or is otherwise rendered unfit to be discharged. .

Inserted by Act of 1955, 4 Eliz. 2 No.4, s. 15. As to punishment for offences, see s. 16 (2).

12. Obstruction of police. ,Any person who in any way prevents a member of the Police Force from exerCising his powers,' authority, or functions under this' Act, or who hinders or obstructs a member of the Police Force in the execution of his duty under this Act, shall be guilty of an offence.

Substituted by Act of 1945, 10 Geo. 6 No.4, s. 19. " As to punishment for: ~ffences, see s. 16 (2). As to powerS of police, 'see s. 70-9, 15c, 15E.· .-

790 FIREARMS' VoL 5

13. Silencers. Any person who uses, carries, or has in his possession any silencer shall be guilty of an offence against this Act.

Substituted by Act of 1945, 10 Geo. 6 No.4, s. 20, and amended by Act of 1955, 4 Eliz. 2 No.4, s. 16.

As to punishment for offences, see's. 16 (2). Other prohibited articles are specified by 55. 7c-7F.

14. Obtaining certificate improperly; Any person. who obtains or attempts to obtain any license or certificate by fraud or fraudulent means shall be liable to a penalty not exceeding twenty pounds, and the court may order that such license or certificate be cancelled, and such license or certificate shall be cancelled accordingly.

The term "license" includes a permit, s. 2.

14A. Prohibition of use of firearms by persons under seventeen years of age. ( 1) Any person under the age of seventeen years who discharges, carries, buys, sells, or has in his possession any firearm or any kind of ammunition for a firearm shall be guilty of an offence against this Act.

(2) Any person who sells, hires, gives, lends, or otherwise supplies any firearm or any kind of ammunition for a firearm to any person under the age of seventeen years shall be guilty of an offence against this Act.

(3) Where on the hearing of any proceeding under· this section the age of the person charged or in respect of whom the offence is alleged to have been committed is not proved, the justices may decide on their own view and judgment whether such person had attained the age of seventeen years. . ,

(4) (a) An application for a permit authorising the supplying, carrying, having in possession, and discharging of a firearm and of ammunition for that firearm to and by a person under the age of seventeen years for the' purposes specified therein, may from time to time be made to the member of the Police Force for the time being in charge of' the police district in which such person resides or is employe?,

(b) Upon the receipt of an application under paragraph (a) of this subsection the member of the Police Force in that paragraph referred to may, in his absolute discretion but having regard to the safety of the public, grant or refuse to grant the permit applied for, and, if he grants the permit, may limit its authority to such period and. subject to such terms and conditions if any, as he deems fit· to impose.

(c) Every permit granted under this subsection shall, unless and until revoked under paragraph (d) hereof, authorise, subject to such terms and conditions as may be specified in the permit, the supplying to, and the carrying, having in possession, and discharging by, the person named and for the purposes specified' therein' of a firearm (and of ammunition for that firearm) of the type and during such period as may be set forth therein and the provisions of, subsections (1) and (2) of this section shall apply in relation to that person only so far as the authority.given by the permit does not extend.

FIREARMS ACTS, 1927 'TO 1959 ss. 13-15 791

(d) Any permit granted under this subsection may with or without notice be revoked at any tUne before its expiry, in his absolute discretion, by the member of the Police Force for" the time beirig in charge of the police district in which that permit was granted and thereupon the

, permit shall, without further or other authority. than this provision, cease to be in force and to giye any authority with respect 'to any firearm or to any ammunition for a firearm: '

Provided, but' without prejudice to the validity of, and enforcement. of this Act upon, that revocatiQn" such revocation shall wherever possible be communicated in writing to the per~on named in the, permit revoked.

(e) Every permit granted under this subsection shall upon its expiry or, if sooner revoked, its revocation be delivered by the person named therein to any member of the Police Force who demands the same.

Any person who fails' to comply with this paragraph shall be guilty of an offence against this Act.

(f) Every. permit granted under this subsection shall be carried by the person named therein with him at all times while engaged in the carrying out of the purposes for which the permit is granted and shall be produced by that person to any member of the Police Force at any time demanding the production of the same for inspection.

Any person who fails to comply with this paragraph shall be guilty of an offence against this Act. '

(g) No permit granted under this' subsection shall authorise or be deemed to authorise the supplying, carrying, having in possession, or discharging to and by' the person named therein of any concealable firearm or machine gun or sub-machine gun.

Inserted by Act of 1955,4 Eliz. 2 No.4, s. 17. As to punishment for offences, see s. 16 (2). A person under eighteen years of age is forbidden to carry, etc" a concealable

firearm, s. 15.

15. Persons under eighteen years of age. Any person under the age of eighteen years who uses, carries, or has in his possession in contravention of this Act any concealable firearm shall be guilty of an offence against this Act.

Moreover where the offender is under the age of seventeen years the court having cognizance of the case may, in lieu of any penalty that may be imposed on such person, deal with such person in the same manner as a convicted child may be dealt with pursuant to the pro­visions of section twenty-four of "The State Children Acts,. 1911 to 1924," and in such case the provisions of such lastmentioned Acts shall extend and apply to such person, and to all persons, things, and matters concerned:

Provided that, notwithstanding anything herein contained, where the offender is under the age of seventeen years such offender may be dealt with in the Children's Court and the provisions of "The Children's Courts Act of 1907" sh;lil apply and extend accordingly.

As amended by Act of 1945, 10 Goo. 6 No.4, s. 21, and Act of 1955, 4 Eliz. -2 No, 4, s. 18.

792 FIREARMS

Acts referred to: State Children Acts, 1911 to 1955, title CHILDREN, Vol. 4, p. 49. Children's Courts Acts, 1907 to 1930, title JUSTICES.

Vol. 5

As to punishment for offences, see s. 16 (2). . As to the use of firearms by persons under seventeen years of age, see s. 14A.

iSA. Young persons, persons intoxicated or of unsound mind. (1) Subject . to this Act no person shall knowingly sell, let, hire, give, lend, or other­wise dispose of a concealable fireann to any person under the age of eighteen years, or to a person who is of unsound mind or of intemperate habits, or who is a known or reputed criminal or known or reputed prostitute .

. No person who is intoxicated shall use,' carry, or have in his posseSsion any concealable firearm.

(2) Subject to this Act no person shall lend a concealable fire ann to any other person.

Substituted by Act of 1945, 10 Geo. 6 No. 4,.s. 22. Intoxication is a question of fact, R. v. Presdee (1927), 20 Cr. App. R. 95. With subsection (1), ct. s. 4 (4) and the second paragraph of s. 5 (1). With subsection (2), ct. s. 5 (4).

lSB. Defacing number, etc., of firearm. Any person who--(a) Defaces or alters any number or identification mark upon

any fireann; or (b) Has in his possession any firearm the numbers or identification

marks whereon have been defaced or altered, shall be guilty of an offence against this Act.

Inserted by Act of 1945, 10 Geo. 6 No.4, s. 23; as amended by Act of 1955, 4 Eliz. 2 No.4, s. 19.

As to punishment for offences, see s. 16 (2).

lSc. Police may demand Dame and place of abode. ( 1) Any member of the Police Force who--

(a) Finds any' person committing or who, reasonably suspects any person of having committed an offence against this Act; or .

(b) Is making investigations with a view to establishing whether or not an offence against this Act has been committed by any person,

may demand from such person his name and place of abOde and, if he has reasonable ground to suppose that the name or place of abode given is false, may require evidence of the correctness thereof. .

If such person fails upon such demand to give his name and place of abode or such evidence, such member shall caution him, and, if he still persists in such failure, or, if such person gives a name or place of abode which in the opinion of such member is false, may arrest him without warrant, and take him' as soon as practicable before a court of petty sessions to be dealt with according to law.

(2) Any person required under this section to give his name and place of abode who fails to give the same, or who gives a false name or place of abode or gives false evidence with respect. to such name or place of abode, shall be guilty of an offence against this Act.

Inserted by Act of 1945, 10 Geo. 6 No.4, s. 24; as amended 'by Act of 1955, 4 Eliz. 2 No.4, s. 20.

As to punishment for offences, see s. 16 (2). For the offence of obstructing police, see s. 12. For other powers of the police, see ss. 70-9, 15E.

FIREARMS ACTS, 1927 ·TO 1959 ss.15·15E 793

150. Prohibition of carriage, etc., of firearms; (1) Whenever the inspector or sub-inspector of police in charge of a police district is of the opinion that, in the public interest, a person for the time being in that district should not be allowed to have in his possession any firearm, the inspector or sub-inspector of poli~e may issue a firearms prohibition order directed to that person. -

(2) A firearms prohibition order under this section shall be in writing under the hand of the inspector or sub-inspector of police issuing the same and shall be served upon the person to whom it is directed personally.

(3) Any' person upon whom a firearms prohibition order issued under this section is directed and served and who at any time while that order remains in force discharges, carries,' buys, sells, or has in his possession any firearm or any kind of ammunition for a firearm shall be guilty of an offence against this Act. '

(4) Any person who at any time while a firearms prohibition order issued under this section is in force, knowingly sells; hires, gives, lends, or otherwise supplies to the person subject to that order any firearm or any kind of ammunition for a firearm shall be guilty of an offence against this Act.

(5) Any firearms prohibition order issued under this section may be revoked at any time by the inspector or. sub-inspector of police in charge ofa police district wherein the person subject· to that order is then residing and thereupon such order shall cease to have force and effect.

(6) Any person subject to a firearms prohibition order issued under this section may appeal to the Minister whose decision as to whether that order shall continue or be revoked shall be final and given effect to and without further appeal. .

(7) For the. purposes of subsection (3) of this section but without limiting or otherwise affecting any of the provisions of this section herein­before contained, any firearm or any ammunition . for a firearm found in any vehicle or in or on any premises shall, in the absence of proof to the contrary, be deemed to be in the possession of any person whO---

(a) At the time of finding or recently thereto is or was in such vehicle or in occupation of or any part of such premises, as the case may be; and

(b) Has been previously convicted of an offence which is an indictable offence under the . laws of this State or any other State, or any Territory, of the Commonwealth or of the

.! • Commonwealth or of the time of finding or recently' thereto is . or was consorting with' known or reputed criminals or known or reputed prostitutes.

Inserted by Act of' 1955, 4 Eliz. 2 No.4, s. 21. As to punishment for offences, See~. 16(2).

15E. Seizure; detention, and forfeiture of firearms, etc. (l)Any member of .the Police .Force may at- any time seize and detain any firearm or ammunition in relation to" which this Act has been or is being con­travened, or in relation to which he reason.ably suspects this Act has been or is being contravened, or . which he, believes will afford evidence as to the commission cif any such contravention.

./

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794 FIREARMS Vol. 5

(2) Unless an order' for the delivery of any firearm· or ammunition seized and detained under this section is sooner made by a Court of Petty Sessions in the Petty Sessions District in which the seizure was made upon an application under the provisions of section thirty-nine of "The Justices Acts, 1886 to 1949," the firearm or ammunition may be detained for a period of twelve months, or, if within that period proceed­ings for. any offence in which such firearm or ammunition is or can properly be adduced in evidence, have been instituted, until the final determination of those proceedings, including any appeal in the matter of those proceedings.

(3) Every firearm and all ammunition seized under this section and in relation to which iUly offence against this Act has been committed shall, upon the conviction of any person for that offence, be and be deemed to be forfeited to Her Majesty in right of this State:

Provided that the Minister may, in his absolute discretion but having regard to the safety of the public, order that any such firearm or ammuni": tion be delivered to the person who was the owner thereof at the time of seizure on such conditions, if any, as the Minister deems fit to impose.

Any person who contravenes or fails to comply with any condition so imposed in relation to the delivery under this subsection of any firearm or ammunition shall be guilty of an offence against this Act.

, (4) Notwithstanding anything to the contrary contained in this Act, any firearm or ammunition seized under this Act shall, if the Minister at his absolute discretion so orders, be forfeited to Her Majesty in right of this State notwithstanding that no person is proceeded against for or convicted of an offence against this Act in relation thereto.

(5) All firearms and ammunition forfeited to Her Majesty under this Act shall be dealt with or disposed of as the Minister may direct.

Any such forfeiture,' dealing with, or disposal shall not confer upon any person any right to compensation.

(6) The provisions of this section shall be in addition to and not in derogation of the provisions of section 8A of this Act.

Inserted by Act of 1955, 4 Eliz. 2 No.4, s. 22. Act referred to:

Justices Acts, 1886 to 1964, title JUSTICES. As to punishment for offences, see s. 16 (2). For the offence of obstructing a police offi'Cer, see s. 12. For other powers of police officers, see ss. 7rr-9, 15c. Section 8A relates to the power to seize and forfeit a concealable firearm.

For other powers of seizure and forfeiture, see s. 70 .. As to forfeiture OD conviction for an offence, see s. 17 (2).· .

16. (1) Offences. Any person who contravenes or fails to comply with any provision of. this Act shall be guilty o~ an offence against this Act.

(2) General penalty. Any person guilty of an offence against this Act shall be liable, if no specific penalty is provided for that offence, to a penalty not exceeding one hundred pounds or· to imprisonment for a term not exceeding six months or to both such penalty and imprison­ment, and for a second or subsequent offence, to·a penalty not exceeding two hundred pounds or to imprisonment for a term not exceeding twelve months. or to both such penalty and imprisonment.

Substituted by Act of 1955, 4 Eliz. 2 No; 4, s. 23'. For provisions as to prosecutions of offences, see 5.·17. Specific penalties are provided for by ss. 3· (3) arid (4), 14,

FIREARMS ACTS, 1927, TO 1959 ss.15E-17 795,

17. (1) Proceedings., All proceedings under this Act shall be taken and all penalties recovered in a summary way under "The Justices Acts, 1886 to 1945," on a complaint by a member of the Police Force or by any other person authorised by the Minister:,

Provided that nothing in this subsectiori shall require the laying .of a' complaint against any person who is arrested under this Act.

Notwithstanding anything' in any Act to the contrary, when any person is, convicted before any justices of any offence under this Act, the justices shall not red~ce the penalty to be imposed in respect of such offence below any prescribed minimum amount of, penalty.

(lA) A prosecution for any offence against this Act may be begun within six months after the offence is committed, or. within four months after the discovery of the offence" whichever is the later period.

(2) Forfeiture. Upon conviction of any offender for a breach of this Act the court may, in addition to any penalty or imprisonment that may be imposed, order that the firearm or firearms 'concerned be forfeited to His Majesty. ,

(3) Proceedings against corPorations. Proceedings for an offence against this Act by a corporation or company may be taken against any person who is the manager of such, corporation or company, and such person shall be personally liable to such proceedings for such offence.

, (4) Fees imd penalties. All fees payable and all penalties recovered under this Act' shall be' and are hereby payable to Consolidated Revenue.

(5) In any proceedings under or for the purposes' of this Act-(i) Averment. The averment on behalf of His Majesty in any

information, complaint, pleading, summons, or writ, that any article is a concealable firearm or as the case may be a firearm, or that any person is an officer duly authorised under or for the purposes of this Act, or that any place ·or public place. is a place or public place within ,the meaning of this Act, shall be sufficient evidence of the fad;

(ii) Presumption that person unlicensed or not exempted from Act. Any allegation or averment in any information, complaint, pleading, summons, or writ, that any person does not hold a' license' or certificate as prescribed, or is not exempted from the provisions of ,this Act, need not be proved, and such person shall be deemed not to hold such license or certificate or not to be exempted from the provisions of this Act, as the case may be, until the contrary is proved by . the production of the proper license or certificate or otherwise;

(iii) Possession of firearm. Without in, any way limiting the definition of the term "have in possession". in, the Criminal Code, whi~h definition is hereby applied, any firearm shall also .be deemed to be in the possession of a person when it is placed in any house, ~:>uthouse; yard, garden, or place occupied by. him, or has been 'removed with his know· ledge and permission to any 'other place without a bona fide sale having been made by him;

796 FIREARMS Vol. S

(iv) . Entries in books. Every entry in any book kept by or belonging to any person licensed or certificated under this Act or found on his premises shall be deemed, unless the contrary is shown, to have been made by or with the authority of such person;

(v) Age of person. In cases where the age of any person is material, the court may decide, upon its own view and jiJdgment, whether any person charged or present before it has or has not attained any prescribed age. But nothing herein shall be construed to prevent· the age of such person being proved.

(vi) Reputation. Where it is necessary to prove that any person is a known or reputed criminal or known or reputed prostitute, evidence of the general reputation of any person is admissible;

(vii) MeaiUng of firearm. When a firearm is used, carried, or had in possession in parts by two or more persons, each and every one of such persons shall be. deemed to use, carry, or have in possession a firearm.

As amended by Act of 1945, 10 Geo. 6 No.4, s. 26. Act referred to:

Justices Acts, 1886 to 1964, title JUSTICES. Further as to forfeiture, see ss. 70, 8A,15E.

18. Regulations. ( l) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of this Act, and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency.

Without in any way limiting the generality of the foregoing pro­visions, such regulations may provide for. all or any of the following matters-

(a) The form and. manner of applications for licenses and certificates; . .

(al) Requiring an applicant for a license, certificate, or permit to supply such personal particulars as may be required;

(a2) Lost or destroyed licenses or certificates and provisions for issue of duplicate, and the terms and. conditions of such issue;

(b) The form and manner of licenses and certificates which may be issued under this Act; .

(c) The form and manner of renewals and revocations of licenses and certificates;

(c1) Providing for and regulating the control, custody, possession, and/or registr.ation· of, and the issue of certificates of registration for, military rifles, including rifles manufactured for use, or (excepting any modification in the design thereof) of the· same kind as rifles manufactured for use, at any time by the Naval, Military, or':Air Forces of His Majesty, or of any part of His Majesty's dominions, or of any other

FIREARMS ACTS, 1927 TO, 1959 ss.17-18A 797

State or country; prohibit~ng, the possessi~n of any such rifle required to, be registered an,d not so registered, and providing for the, seizure and forfeiture thereof; providing for and regulating the form and mann~r of, and the infor­mation to, be supplied in ,r~spect of; applications for registration, and the ~orm and manner of registration and/or

, of certificates of registration; and applying such regulations to the whole of the State" or limiting the same to such part or parts of the, State as may from time to time be specified

, in -such regulations. No such regulation shall impose any 'fee or charge for or in, respect of any application for registration, or registration, oJ;' certificate of registration of any s~ch rifle. ' ,

(d) The form and manner of appeals under this Act; , (e) The form and manner in which any book shall be kept

by any person under this ACt, or any other form, and matter which may be prescribed or which (where not specially provided for in this Act) may be deemed necessary to give effect to this Act;

(f) The time and mode of making and furnishing particulars or returns regarding the sale, purchase, hire, or redemption of a firearm or otherwise as may be prescribed, and the persons by whom they shall be made;

(g) The doing or performance of any other act, matter, or thing necessary to give effect to this Act;

(h) Imposing a penalty not exceeding tWenty pounds for any breach of such regulations and for an increase of penalty

,(including the imposition of a minimum penalty as pre­scribed but not exceeding, in the case of a maximum penalty, a penalty of fifty pounds) for a second or subsequent breach thereof;

(i) Generally for carrying this Act into effect. Such regulations may also prescribe authority and power and also

any provisions or conditions under which any license or certificate under this Act may be refused, suspended, or revok,ed at the discretion of the Minister.

(2) Such regulations may be made on the passing of this Act. As -amended by Act of 1945, 10 Geo. 6 No, 4, s. 27 and Act ,of 1946,

11 Goo. 6 No. 22, s, 2. For regulations, see Table of Contents, p. 767, ante.

• As to validity of regwla-tions generally, see Preliminary Note to title ACTS OF PARLIAMENT, Vol. I, p. 72., ' '

18A. Provisions as to souvenirs. The following provisions shall apply in respect of any firearm which is Of may hereafter ,be in the lawful possession of any person who desires to retain possession of the same as a souvenir- .

( 1) Any such person may apply to the officer in charge of police at the police station in the police division in which he is residing for a grant of a permit by the inspector of police at the Criminal Investigation Branch, Brisbane, in respect 'of the firearm concerned and at the same time he shall hand' in the, firearm with his· application;

798 FIREARMS yoL 5

(2) Such officer SO· in charge upon recelVlng such application .shall forward the same together with the firearm concerned to the inspector of police at the Criminal Investigation Branch, Brisbane;

(3) the inspector of police at the Criminal Investigation Branch, Brisbane, may issue a permit in the prescribed form authoris­ing the person named therein to have possession of the firearm concerned, but before doing so he shall cause such firearm to be rendered useless for the purpose of discharging

. therefrom any shot, bullet, or other missile, or any corrosive, . noxious, or irritant liquid, powder, gas, chemical, orsubstance capable of causing any bodily harm, and moreover such firearm shall be so dealt with that same cannot be repaired and/ or restored for the purpose of discharging therefrom any shot, bullet, or other missile, or any corrosive, noxious, or irr.itant liquid, powder; gas, chemical, or substance capable of causing any bodily harm .

. No action shall lie against the Commissioner of Police or any other member of the Police Force for anything done or ca\lsed to be done to ·a firearm in pursuance. of this section; -

(4) The person to whom a permit. has been issued in pursuance of this section shall . produce such permit and the firearm referred to therein for inspection on demand by any member of the Police Force; .

(5) No permit shall be granted under this section unless the inspector of police at the Criminal Investigation Branch, Brisbane, is satisfied that the provisions of subsection three of this_ section are complied with;

(6) The onus of proving that- any person making application for a permit under this section is in lawful possession of the firearm. concerned shall lie upon the person making applic~tion under this section;

(7) A permit issued under this section may be revoked by the issuing officer at any time.

Inserted by Act of 1945. 10 Geo. 6 No.4. s. 28. The term "license" includes a permit. s. 2. ( For the offence of improperly obtaining a license. see s . .14.

188. Pistol clubs. (1) Subject to this section, the inspector of police at the Criminal Investigation Branch, Brisbane,. may approve of any pistol club. .. . , .

:-. (2) An application for approval of a pist.ol club shim. be in wntmg and shall- .

(a) If made in respect oia .range. within the Area of the City of Brisbane, be made to the inspector of police at the Criminal Investigation Branch, Brisbane; or

(b) If made in respect of a range without the Area of the City of Brisbane, Qe made to the officer in charge of police at the pol~ce station in .the police. divi~ion in which the range

. is situated, and shall state in full-

(c) The address of every place ~hereon or wherein me~bers of the club will practise pistol shooting;

FIREARMS ACTS, 1927 TO' 1959 ss.18A, 18B 799

(d) The names, addresses and ~upations, of . the members, of the club who hold (or who are applicants to hold) licenses under, this Act· in respect 6f the. concealable ,firearms which will be ~sed by members of the club; and

(e) The names; addresses, occupations and ages of. the members of the club. .

(3) Any offi~er in charge ~fpolice at a police station to whom an ,application under this section is made shall transmit the application together with' his report thereon to the inspector of police in charge of the police district wherein the police station is situated.

( 4) An inspector of police may cause to be made such inquiries as he deems to be necessary or desirable concerning any application under this section transmitted to him by an officer in charge o( police at a police station.

Upon completion of such inquiries, the inspector shall send the application, together with all reports thereon by members of the Police Force, to the inspector of police at the Criminal Investigation Branch, Brisbane. .

(5) The inspector of police at the Criminal Investigation Branch, Brisbane, may cause to· be made such inquiries or further inquiries as he deems necessary or desirable concerning an application under this section (whether the application is made to him directly or is made to an officer in charge of a police station in the first instance).

(6) The inspector of police at the Criminal Investigation Branch, Brisbane, may refuse to grant any application for approval of a pistol club.

He shall not grant such an application unless he is satisfied-(a) That the rules of the' club prohibit the admission to member­

ship thereof of persons under the age of twenty-five years; and

(b) That any and .every place proposed to be used by the club as a range is so situated and equipped. as to. be suitable and safe for such use having regard to, the safety' both of users thereof and of the public and their property. .

(7) 'If the inspector of police at the Criminal Investigation Branch, Brisbane, grants the application he shan issue a certificate in writing of approval of the pistol club concerned ..

He shall, (~ such manner as will in his opinion clearly identify the same) specify' in' that certificate any and every place which may be used by members of the club as a range. .

I '., ' ., ~ •

, (8) The inspector of police at the Criminal Investigation Branch, Brisbane, may at any time by notice in writing served upon the pistol club in question cancel any certificate of approval under this section.

(9) Any' applicant .lor or holder of a certificate of approval under this section may appeal to the Minister against a decision of the inspector of police at th~, Criminal· In~estigation aranch, Brisbane, t() refuse to issue or to cancel such certificate, and the decision of the Minister in the matter shall be final and binding, and without appeal.

Inserted by Act of 1959, 8 Eliz. 2 No. 50, s. 8. As to permits to .use concealable firearms on the range of an approved

pistol club, see s. 4c. . ..' .

800 FIREARMS Vol. 5

19. Pr()clamation to' deliver' up firearms. Notwithstanding anything in any law to the contrary, the Governor in Council' at· any time and from time to time may, if in his opinion' the, interests' of public safety so warrant, issue a Proclamation demanding that any person who has in his possession any firearm shall, without delay, hindrance" obstruction, claim, or objection whatsoever, give immediate and peaceful possession of such firearm to the Minister or to such person authorised by him to demand and take delivery and possession of the same. On the, issue of any silch Proclamation any such person who has in his possession such firearm shall forthwith, ilnd without any prior demand being' made for the delivery by him of such firearm; send or deliver such firearm to any such person authorised in such Proclamation to receive and take delivery of such firearm.. Such Proclamation may be issued in respect of the whole State or limited to sucl) , portion of the State as may be defined in such Proclamation.

Any such ProclaD;1ation 'may' be in relation to a concealable firearm or may include all or 'any firearms as defined in this Act.

Any person offending against' th~ provisions of this section or against the provisions of any Proclamation issued thereunder shall be guilty of an. offence against this Act.

As amended by Act of i945, 10 Geo: 6 No.4, s. ,29, and Act of 1955, 4 Eliz. 2 No.4, s. 24.

As to punishment for offences, see~. 16 (2).

20. Proclamations, Orders in Council, and regulations to be published in the Gazette., All Proclamations, Orders in Council, and regulations shall be published in the Gazette, and shall take effect from the date of such publication, or from a later date as may be specified in, such Proclamations, Orders in Council, ~r ,regulations.

All Proclamations, Orders' in <roundl, and regulations shall be of the same effect as if they were ertacted in and formed part of this Act and shall be judicially noticed, ahd shall not be questioned in any proceedings whatso.ever. ,. I', . ' '. ' .

All ProclamatIOns, Orders m Counctl, and regulatIOns shall be laId before 'Parliament within fourteen sitting' days after the publication thereof, if Parliament is then sitting, or!, if not, then 'within fourteen sitting days after the commencement of the next session thereof. ' . 0

I . "Any Proclamation or Order in <Council may be revoked or varied

by any subsequent Proclamation or Order in Council. As to effect of, the 'provisions of thel second paragraph of thissectidn, see

Preliminary Note to the title Acrs OF P~RLIAMENT, Vol. 1, p. 72.

21. Saving of Cr~al Code. subje,1t to this Aict, nothing in this Ad shall prejudice or limir- or in any'. wise affect the. provisions of The Criminal Code. . ""1

Act referred to: . ' , " 'i

~dminal C~de,see title CRIMINtL LAW, VoL3, p. 199. See the provisions of the Criminal Code noted to s. 3, ante.

", I '

22. (Amended the' Flrearfus·ACt of~ 1905, now tepealed.)

":":;',"'X~" "

By'Authority: ,~. G. REID, Gov~rnrnent Printer, Brisbane'

"CH~MeE."S·· 1ST fLOOR Atit":UO.:.N HOUSE EAST ST. ROCKH.A.MP10N. ~700. PH. 25589 .