Schedule 2 Exemptions from Act
(see s 23)
In this schedule:
"coach", in the sport of biathlon or modern pentathlon, means a person who, within the previous 5 years, has provided training or instruction in the sport to someone else.
"corrections officer" includes a person employed by an entity responsible under a law of a State or another Territory for providing correctional services for offenders.
Note Corrections officer —see the Legislation Act
, dict, pt 1.
"participating", in the sport of biathlon or modern pentathlon, means
receiving instruction, practising, training or competing in the sport.
Part
2.2 People exempt from Act
column 1 item | column 2 person exempted | column 3 circumstances |
---|---|---|
1 | member of— (a) Australian Federal Police or police service or force of a State or another Territory (b) Defence Force (c) visiting force within the meaning of the Defence (Visiting Forces) Act 1963 |
(Cwlth) (d) Australian Army Cadets under the Defence Act 1903 |
(Cwlth) | possessing or using firearm in exercise of person's functions as member | |
2 | member of a police service or force of a foreign country |
possessing or using firearm for taking part in a training activity— (a) conducted by the Australian Federal Police; and (b) carried out in the ACT |
3 | corrections officer | possessing or using firearm in exercise of officer's functions |
4 | member of Council of Australian War Memorial, or of staff of memorial | possessing firearm if— (a) firearm is part of the memorial collection within the meaning of the Australian War Memorial Act 1980 |
(Cwlth); and (b) possession is in exercise of person's functions under that Act | ||
5 | member of Council of National Museum of Australia, or of staff of museum | possessing firearm if— (a) firearm is part of the national historical collection within the meaning of the National Museum of Australia Act 1980 |
(Cwlth); and (b) possession is in exercise of person's functions under that Act | ||
6 | aviation security inspector | possessing or using firearm in exercise of inspector's functions under the Aviation Transport Security Act 2004 |
(Cwlth) |
Part 2.3 No offence for possession or use
column 1 item | column 2 no offence by | column 3 circumstances |
---|---|---|
1 |
master or captain, or member of crew, of ship or aircraft | possessing or using firearm if— (a) firearm is required by law to be carried on the ship or aircraft; and (b) possession or use is in exercise of person's functions as master, captain or member |
2 |
sporting organisation prescribed by regulation | possessing or using starting pistol |
3 | official in sporting competition conducted by sporting organisation prescribed by regulation | possessing or using starting pistol in exercise of functions as official |
4 | sporting (biathlon or modern pentathlon) organisation prescribed by regulation | possessing or using an imitation firearm if— (a) firearm is a biathlon or modern pentathlon laser target shooting device; and (b) possession or use is for a person participating in the sport of biathlon or modern pentathlon |
5 |
member of a sporting (biathlon or modern pentathlon) organisation prescribed by regulation | possessing or using an imitation firearm if— (a) firearm is a biathlon or modern pentathlon laser target shooting device; and (b) possession or use is in exercise of functions as member |
6 |
person attending a demonstration of the sport of biathlon or modern pentathlon conducted by a sporting (biathlon or modern pentathlon) organisation prescribed by regulation | possessing or using an imitation firearm if— (a) firearm is a biathlon or modern pentathlon laser target shooting device; and (b) possession or use happens under supervision of member of the organisation |
7 | official in a sporting competition conducted by a sporting (biathlon or modern pentathlon) organisation prescribed by regulation | possessing or using an imitation firearm if— (a) firearm is a biathlon or modern pentathlon laser target shooting device; and (b) possession or use is in exercise of functions as official |
8 | adult participating in a competition in the sport of biathlon or modern pentathlon, conducted by a sporting (biathlon or modern pentathlon) organisation prescribed by regulation | possessing or using an imitation firearm if— (a) firearm is a biathlon or modern pentathlon laser target shooting device; and (b) possession or use is for the purpose of participating in the sport of biathlon or modern pentathlon |
9 | child participating in a competition in the sport of biathlon or modern pentathlon, conducted by a sporting (biathlon or modern pentathlon) organisation prescribed by regulation | possessing or using an imitation firearm if— (a) firearm is a biathlon or modern pentathlon laser target shooting device; and (b) possession or use— (i) is for the purpose of participating in the sport of biathlon or modern pentathlon; and (ii) happens under supervision of the person's coach for the sport |
10 | coach in the sport of biathlon or modern pentathlon | possessing or using an imitation firearm if— (a) firearm is a biathlon or modern pentathlon laser target shooting device; and (b) possession or use is for the purpose of giving training or instruction to a person participating in the sport of biathlon or modern pentathlon |
11 | authorised instructor | possessing or using firearm in exercise of functions as instructor— (a) on premises owned or used by approved club; or (b) at approved shooting range |
column 1 item | column 2 no offence by | column 3 circumstances |
---|---|---|
1 |
person entitled to immunity under— |
(Cwlth); or |
(Cwlth) | the person has the written approval of the chief of protocol of the Commonwealth department responsible for foreign affairs to possess the firearm |