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FIREARMS ACT 1996 - SCHEDULE 2

Schedule 2     Exemptions from Act

(see s 23)

Part 2.1     Interpretation—sch 2

2.1     Definitions—sch 2

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

Part 2.4     No offence

column 1

item

column 2

no offence by

column 3

circumstances

1

person entitled to immunity under—

(a)     the Diplomatic Privileges and Immunities Act 1967

(Cwlth); or

(b)     the Consular Privileges and Immunities Act 1972

(Cwlth)

the person has the written approval of the chief of protocol of the Commonwealth department responsible for foreign affairs to possess the firearm



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