Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 83

83 No exemption under Weapons Act

(1) This section applies to each of the following—

(a) a person who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the police commissioner, as mentioned in the Weapons Act , section 2 (1) (e) ;

(b) a person who is undergoing an approved training course, as mentioned in the Weapons Act , section 2 (1) (g) ;

(c) a person who is actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory, as mentioned in the Weapons Act , section 2 (1) (h) ;

(d) a person who is engaged in scientific or experimental work with any weapon under an authority, as mentioned in the Weapons Act , section 2 (1) (i) ;

(e) a person who is actually engaged in the warehousing or transport under consignment of merchandise, as mentioned in the Weapons Act , section 2 (1) (l) ;

(f) a person to whom the police commissioner has granted an exemption from provisions of the Weapons Act , as mentioned in the Weapons Act , section 2 (1) (m) ;

(g) a person who is an employee of a government service entity within the meaning of the Weapons Act , section 2 (9) , as mentioned in the Weapons Act , section 2 (2) .

(2) If the person is named as the respondent in a domestic violence order, police protection notice or release conditions, the Weapons Act applies to the person for the duration of the order, notice or conditions despite the Weapons Act , section 2 .

(3) However, the respondent can not be convicted of an offence against the Weapons Act , because of the operation of subsection (2) , unless the act or omission that constitutes the offence happens after the domestic violence order, police protection notice or release conditions are served on the respondent.

(4) Subsection (3) does not apply if—

(a) the respondent is present in court when the court makes the domestic violence order; or

(b) the respondent is present when a police officer issues the police protection notice and explains the notice.