Hi All,
Garyh wrote:
"Also what do they mean by high power pointers? is a 5-10mw regarded as high or are they looking at <200mw?"
Well, the answer, at least according to the Premier is that:
__ALL__ Class III __and__ __ALL__ Class IV
HAND-HELD lasers will be classed as "Prohibited Weapons" by being placed in Schedule 1 of the Weapons Prohibition Act 1998 and the regulations thereto.
Class III and Class IV includes virtually __ALL__ the ones we are accustomed to using as night star-ponters --
yes even the least powerful 5mW ones. Wattage does not come into it per-se -- if it is Class III or IV,
it will be prohibited under the Act. Check the sticker on your laser. Almost without exception, all the ones we are accustomed to using are either Class IIIa or IIIb.
After the legislation is amended/proclaimed you will
only be able to
lawfully buy/possess/use one if you hold a permit under the Weapons Prohibition Act 1998 and the regulations thereto and comply with the provisions of the Act and regulations as to storage and use. The permit costs $127- (NSW) and is valid for 5 years. You _must_ demonstrate a genuine need to possess in order to get a permit. Being an amateur astronomer will _likely_ get you over the line (no promises).
If you don't have a permit, lawful/reasonable excuse doesn't come into it. Being an astronomer doesn't come into it
unless you have a permit. Ignorance of the law is not a defence. The Act punishes offenders with a maximum fine of $5,500 and or 2yrs imprisonment upon summary conviction, or a maximum of 14 years imprisonment if the prosecution proceed on indictment to the District Court.
As for _any_ other HAND-HELD lasers (ie not Class III or IV) (yes even the tiny 0.1mW red-dot ones), if it is found on you
in a public place and you do not have a
lawful excuse for possession of the laser, you will have commiitted an offence under the Summary Offences Act of having it in possession without a lawful excuse. There are tons of legitimate explainations which could amount to lawful excuses like being a school teacher giving a presentation, a laser telescope collimator (assuming you have the 'scope with you), giving a presentation at a public lecture and using it as a pointer etc etc. There are no restrictions on sale, just on possession wiithout a lawful excuse.
But, for example, if you are found walking out of the cinema down in George St in the City at 1.00am in the morning and it is in your pocket and you don't have a bona-fide legitimate and lawful reason to explain your possession at that time of that tiny red-dot laser, the police can sieze it and you will get an infingement notice or a Court Attendance Notice.
See the Premier's press conference here:
http://www.abc.net.au/news/stories/2...21/2222662.htm
I'm not defending the decision by the government -- I believe it sucks so bad it blows. But as I understand it, those are the facts.
Best,
Les D
Contributing Editor
AS&T