Hi All,
It would appear on the face of the reports in todays media (once the Weapons Prohibition Act 1998 and the regulations thereto have been suitably amended and proclaimed) that Class III or IV Laser pointers will be declared Prohibited Weapons.
Rather than commenting further on the rights and wrongs of that decision, I thought I'd look at the implications it has on amateur astronomers and how one might comply with the legislation (if you choose to do so). I am forced to do so because for me it is a "tool-of-trade" as I work at Sydney Observatory as a night guide. It should be noted that this only applies after the Schedule to the Act has been amended, proclaimed and commenced.
You should carefully note that the material below is not intended as "legal advice" but it is provided for the purposes of information and education. You should obtain proper independent legal advice.
The Weapons Prohibition Act 1998 by virtue of Schedule 1 to the Act declares certain items and implements to be Prohibited Weapons. Some common examples of these items includes flick-knives, crossbows, knuckle-dusters etc. It would appear these will soon include Class III and Class IV Hand-held Laser Pointers.
For completeness, Schedule 1 to the Act is found here:
http://www.austlii.edu.au/au/legis/n...8231/sch1.html
Under Section 7 of the Act, Possession or use (without a permit) of a Prohibited Weapon is punishable on summary conviction with a maximum penalty of 100 penalty units or 2 years imprisonment or both. It is also punishable on indictment (extremely, extremely rare) by 14 years imprisonment.
Section 7 is here:
http://www.austlii.edu.au/au/legis/n...998231/s7.html
The Commissioner for Police is authorised to issue a permit for possession and use of a prohibited weapon under Part 2 of the Act. The Commissioner must be satisfied under Section 11 of the Act that the person has a "genuine reason" for needing the permit to possess and use. Examples provided in the Section include scientific purposes: The applicant must demonstrate that the prohibited weapon for which the permit is sought is required for legitimate scientific purposes. At this stage the further enlargement under the Regulations would not seem to cover the activities of Amateur Astronomers. However, the Commissioner's discretion is not limited to the examples in Section 11 and may use his discretion so long as the reason is "genuine".
Section 11 is reproduced here::
http://www.austlii.edu.au/au/legis/n...98231/s11.html
Section 10 sets out that persons who have been convicted of certain offences are disqualified from holding a permit:
http://www.austlii.edu.au/au/legis/n...98231/s10.html
Which is further expanded upon by the regulations below (later).
Assuming a permit is issued, the permit holder is required by Section 26 to ensure the safe keeping of the weapon.
Section 26 is reproduced here:
http://www.austlii.edu.au/au/legis/n...98231/s26.html
And this is enlarged upon in Regulation 11. The applicant for a permit must be able to show both the ability for safekeeping and knowledge of the safety requirements:
11 Applicant’s understanding of storage and safety requirements
(1) The Commissioner must not issue a permit unless the Commissioner is satisfied of the following matters:
(a) that the applicant is aware of, and understands, any applicable requirements of the Act and this Regulation in relation to the storage and safe keeping of prohibited weapons,
(b) that the applicant will, if issued with a permit, be able to comply with those requirements.
(2) For the purposes of subclause (1) (b), the Commissioner may order an inspection by a police officer (in accordance with such arrangements as are agreed on by the applicant and the Commissioner) of the proposed storage site for a prohibited weapon. The fee payable for such an inspection is specified in clause 35 (1) (c).
By virtue of Regulation 37, A person must notify the Commissioner of the loss, theft or destruction of a weapon:
37 Notification of lost, stolen or destroyed prohibited weapons
A person to whom a permit has been issued must, within 24 hours after becoming aware that any prohibited weapon to which the permit relates has been lost, stolen or destroyed, notify the Commissioner in writing of that loss, theft or destruction.
Maximum penalty: 50 penalty units.
A number of persons are declared as ineligible for the issue of a permit, or a permit may be revoked if the Commissioner of Police has made a "Weapons Prohibition Order" against the person or if the person is the subject of an "Apprehended Violence Order" (including interim orders). Further there are other strictures placed on the Commissioner not to issue a permit under the Regulation 5 as below. The convictions for the following offences will disqualify a person from holding a permit :
For the purposes of section 10 (3) (a) of the Act, the following offences are prescribed offences:
Part 2 General provisions relating to permits
5 Offences that disqualify applicants
For the purposes of section 10 (3) (a) of the Act, the following offences are prescribed offences:
(a) Offences relating to firearms or weapons
An offence relating to the possession or use of a firearm, or any other weapon, committed under:
(i) the law of any Australian jurisdiction, or
(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).
(b) Offences relating to prohibited plants or drugs
An offence in respect of a prohibited plant or drug committed under:
(i) the law of any Australian jurisdiction, or
(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).
(c) Offences involving violence
An offence committed under the law of any Australian or overseas jurisdiction:
(i) involving the infliction (or attempted infliction) of actual bodily harm to another person, and
(ii) in respect of which, either the convicted person has been sentenced to penal servitude or imprisonment for 28 days or more, or a penalty of $200 or more has been imposed on the person.
(d) Offences involving organised criminal groups and recruitment
An offence committed under section 93IK or 351A of the Crimes Act 1900.
The method by which one obtains a permit is outlined by the Weapons Prohibition Regulations 1999. The general requirements for the application are set out in Regulation 6:
Application for permit
(1) In making an application for a permit (including a duplicate permit), the applicant must do either of the following:
(a) send the application to the following address:
NSW Firearms Registry
Locked Bag 2000
Peakhurst 2210
(b) lodge the application in such other manner as may be approved.
(2) An application for a permit must provide the following information:
(a) the type, and number, of prohibited weapons proposed to be authorised under the permit,
(b) the purpose or purposes for which each such weapon is required,
(c) the arrangements for the storage and safe keeping of each such weapon (including particulars of the premises at which each such weapon is to be stored or kept).
(3) An application for a permit that confers authority on persons (in addition to the permit holder) who are specified in the permit must provide the following information in respect of each additional person proposed to be specified in the permit:
(a) full name,
(b) residential address,
(c) date of birth,
(d) employee authority number (if applicable).
As to fees for the permit, Regulation 35 sets out:
35 Fees payable for permit
(1) The following fees are payable for the matters to which they relate:
(a) application fee for an initial or subsequent permit—$127,
(b) application fee for a duplicate permit:
(i) $40—if a photograph is required in accordance with the Act, or
(ii) $25—if no such photograph is required,
(c) fee for inspection of premises under clause 11 (2), and clauses 29 and 34 (but only if carried out by a police officer)—$100,
(d) administration fee for specifying in the permit persons (apart from the permit holder) who are authorised under the permit—$25.
(2) The Commissioner may refuse to exercise any function in respect of which a fee is specified under this clause until the relevant fee has been paid.
36 Exemption, waiver or refund of fees
The Commissioner may, for such reason as the Commissioner considers sufficient, exempt a person from the requirement to pay a fee in relation to a permit, or waive or wholly or partly refund a fee that would otherwise be payable or has been paid.
Under Section 15 of the Act, a permit lasts for 5 years.
http://www.austlii.edu.au/au/legis/n...98231/s15.html
You should carefully note that the above is not intended as "legal advice" and it is provided for the purposes of information and education. You should obtain proper independent legal advice.
Hope this is of some use ...
Notwithstanding the above, and in relation to some of the other comments above, it seems you need a permit to do just about anything in this land except be a parent -- this is the one thing that crys out to the subject of regulation!
Best,
Les D
they should ban that maybe?
oh i see, finland has a more liberal society then here does it, at least i am starting to understand who the reference country is now, would of been better if you had named this yardstick country by which you are measuring auistralia up against in the first place, on an australian site, would of been nice. so a member of the european union has more unfettered freedoms and less governence than we do you say 
.
