Laser Legislation

astronut (John) · #1 08-05-2008, 07:24 AM

Here is a snippet of the legislation introduced into N.S.W. Parliament yesterday.
It certainly appears that astronomers have been considered.
Subdivision 2 Laser pointers
11FA Custody or use of laser pointer in public place

(1) A person must not, without reasonable excuse (proof of which
lies on the person):
(a) have in his or her custody a laser pointer in a public place,
or
(b) use a laser pointer in a public place.
Maximum penalty: 50 penalty units or imprisonment for 2 years,
or both.
(2) Without limitation, it is a reasonable excuse for the purposes of
this section for a person:
(a) to have custody of, or use, a laser pointer if the custody or
use is reasonably necessary in all the circumstances for the
lawful pursuit of the person’s occupation, education,
training or hobby, or
(b) to have custody of a laser pointer if the person has custody
during travel to or from or incidental to that occupation,
education, training or hobby.
(3) The regulations may provide that this section does not apply to or

in relation to any specified class or description of laser pointer.

OneOfOne (Trevor) · #2 08-05-2008, 07:30 AM

In essence, it is basically the same as Victoria. If you have a valid reason for having one, and you use it properly, you don't have a problem.

So do you need to pay a fee in NSW? In Victoria you do

astronut (John) · #3 08-05-2008, 07:38 AM

I recieved the entire legislative change from the Opposition Police Minister.
There wasn't any inkling of a charge..............yet!
I'm sure that can be added later.

OneOfOne (Trevor) · #4 08-05-2008, 07:52 AM

Somehow....I think I agree! If the government can make a buck out of anything they will.

Starkler (Geoff) · #5 08-05-2008, 07:55 AM

Quote:

Originally Posted by OneOfOne

In essence, it is basically the same as Victoria. If you have a valid reason for having one, and you use it properly, you don't have a problem.

So do you need to pay a fee in NSW? In Victoria you do

Really? I was under the impression that in Vic lasers are classed as a weapon and use is only legitimised with a permit, which costs $$.

It would appear that the NSW legislation as described above has a built in provision for legitimate use in the pursuit of a hobby or education.

Ric · #6 08-05-2008, 04:59 PM

It all sounds good so far, if you have a valid reason and can prove it then you have nothing to worry about.

h0ughy (David) · #7 08-05-2008, 08:16 PM

is there a copy of the entire legislation??

Dog Star (Phil) · #8 08-05-2008, 08:30 PM

I'm only a bush lawyer but point no 3 of that legislation bothers me somewhat.

AstralTraveller (David) · #9 08-05-2008, 09:53 PM

Quote:

Originally Posted by Dog Star

I'm only a bush lawyer but point no 3 of that legislation bothers me somewhat.

Yep, the devil could be in the detail. I'm also not clear whether the quoted sections refers to all laser pointers or only Class 1&2.

We really need to have all pointers up to 30mW allowed. To me the simplest way would be to have Class 3 changed from '>5 to 500mW' to '>30 to 500mW'. That really is just tinkering with the lower end of the range.

astronut (John) · #10 09-05-2008, 10:19 AM

I have had a number of requests for a copy of the legislation.
With this in mind I have forwarded a copy to Mike for inclusion on the website.

Glenn Dawes · #11 10-05-2008, 01:08 AM

Hi guys,

I find this a bit funny as well.
I'm not a legal expert, but this whole thing seems to revolve around not using it in a public place, unless you are in a position to show cause. So does that mean from your backyard is OK? I suppose this would be OK providing you don't shine it into a public place (including plane cockpits), but this would need spelling out?!

Quite strange!

Glenn

Paul Hatchman · #12 10-05-2008, 05:49 AM

Note this bill has been introduced, but not yet discussed or passed. The ammendments can be found here: http://www.parliament.nsw.gov.au/pro...LE/summary.pdf

Also, yet to come are the ammendments to the weapon's prohibition regulations, which will define what a high-powered laser is. You can see the intention from the 7th may hansard here: http://www.parliament.nsw.gov.au/pro...Key/LA20080507

The definition of laser pointer would seem to include laser collimators as well as laser pointers.

laser pointer

means a hand-held battery-operated device,

designed or adapted to emit a laser beam, that may be used for the purposes of aiming, targeting or pointing.

Rainy.Days · #13 16-05-2008, 07:40 PM

so technically lasers at the moment are not banned until the bill has been passed by the senate?

Paul Hatchman · #14 22-05-2008, 08:08 PM

Quote:

Originally Posted by Rainy.Days

so technically lasers at the moment are not banned until the bill has been passed by the senate?

Correct. (Strictly the Legislative Council, rather than the Senate) Last I checked, it has not been debated in the lower house, the Legislative Assembly, yet.

Though judging from newspaper reports, it hasn't stopped the police from confiscating pointers from people.

Cheers.

rogerco (Roger) · #15 20-06-2008, 08:40 PM

It has now passed and is law.

g__day (Matthew) · #16 05-07-2008, 01:29 PM

So the add in today's paper said ring Customs and they let you know the restrictions. Rang them and they said no - they can only tell you import restrictions, if you already have them call the state police to find out what you need to do. Of course they are only open Mon - Fri - business hours.

DistroMan (Trevor) · #17 05-07-2008, 06:58 PM

I bought one on eBay and it turned up a couple of days ago. Some sticker on it saying Customs had opened it and found it to be ok and they sent it on to me. I thought for sure they'd confiscate it, but I just couldn't resist.