Whats the deal with laser pointers now?

[Stu Ward]

Originally Posted by Davros

http://cgi.ebay.com.au/NEW-Stylish-5...item230ceb8b1e

This is what i got through fleabay. Maybe Qld customs are more level headed than down south. I didnt have any problems. Oh and it does the job.

Lol order me one and i'll send you the money !!!!

Stu

[Omaroo (Chris Malikoff)]

Our society issues this statement on our website, and it may help you: http://www.macastro.org.au/home/inde...165&Itemid=115

M.A.S. Laser Use Policy
1. There is absolutely no excuse or defence for the act of deliberately aiming a laser pointer, of any power, at any aircraft, vehicle or person and the Macarthur Astronomical Society condemns such actions without reservation.

2. We earnestly commit ourselves, as a Society and as individuals, to the practice that while conducting private astronomical observations and public displays we will never, ever, under any circumstances, aim our laser pointers at or anywhere near the vicinity of any passing aircraft.

3. We encourage members to keep their laser pointers securely locked up when not in use and we will always insist that members comply with the law.


NSW Summary Offences Act
Laser pointers are classed as "dangerous implements" and a person must not, without reasonable excuse, use or have custody of a laser pointer in a public place.

Laser pointers are defined as a "hand-held battery-operated device". There is no distinction in this Act regarding colour/frequency nor is there any minimum output power.

It is a “reasonable excuse” for a person to use or have custody of a laser pointer for the lawful pursuit of the person’s occupation, education, training or hobby.

NSW Weapons Prohibition Regulations
Individuals who wish to obtain or continue to possess battery operated hand-held laser pointers of more than 1 milliwatt are required to apply for a Prohibited Weapons Permit and will be 'subject to criminal and probity checks'. The permit fee is $127.00.

A person who has been a member of an approved Astronomical Society for more than three months will not be required to obtain a permit for astronomical use but may be asked to prove membership of the Society.

If you possess a laser pointer but your membership of Macarthur Astronomical Society then lapses, you may be in breach of the law and you are advised to obtain a permit or surrender the device to the police.

Federal Regulation
The Federal Government has banned the importation of laser pointers into Australia. Anyone seeking to import a laser pointer stronger than 1milliwatt must possess an appropriate exemption, which will work in the same way as for other restricted goods. The import ban allows legitimate users (including astronomers) to apply for an exemption from the ban.

Importers will need to obtain police authorisation and an import permit, so if you buy one over the internet or by mail order you will need the relevant authorisation, which needs to be obtained first from the NSW Police Firearms Registry and then from Australian Customs (see links below).

MAS Response
To assist members, Macarthur Astronomical Society has:

(a) applied for and received registration by the NSW police force as an 'approved astronomical society' - so that members do not have to make individual applications to the police for prohibited weapon permits;

(b) Introduced membership identity cards - to provide enhanced evidence of membership of an 'approved astronomical society';

(c) created a voluntary register of members who own laser pointers - to assist all parties in the event of a problem. Members may fill out as little or as much detail as they want. It is not a requirement of the new legislation but we firmly believe it is reasonable and responsible for the Society to keep such a register and that it is in your best interests to register your laser pointer details with the Society. You can download the voluntary registration form from the 'Laser Links' section at the bottom of this page;

(d) Written to local police, broadly informing them of our member's use of laser pointers within their jurisdiction.

Please Note
1. The maximum penalties for individuals contravening any state or commonwealth laser pointer laws are extremely severe.

2. Registration of MAS by NSW Police exempts members from the legal requirement to apply for (and pay for) a NSW Prohibited Weapon Permit to own a laser pointer but:
- it does not apply to laser pointer use for any purpose other than astronomical use.
- it does not exempt members from having to provide a "reasonable excuse" for possession of a laser pointer in a public place.
- it does not relieve members from the procedures required to be carried out for importing a laser pointer.
- different laws apply outside NSW.

3. Subject to all of the above, members have a legal right to use laser pointers in pursuit of their astronomy hobby.

4. Should any member encounter any difficulty with the application of these requirements then you should contact the President or Secretary or call the NSW Police Fire Arms Registry direct at: 1300 362 562.

5. The information on this page is provided in good faith as a guide to members. However, it is the member's responsibility to seek their own advice on matters of law.

Laser Links
NSW Police list of approved Astronomical Societies: http://www.police.nsw.gov.au/__data/...anisations.pdf

NSW Police Fact Sheet: http://www.police.nsw.gov.au/__data/...r_pointers.pdf

NSW Police Laser Pointer page: http://www.police.nsw.gov.au/communi...laser_pointers

NSW Police FAQ page: http://www.police.nsw.gov.au/about_u...ns_and_answers

NSW Police Prohibited Weapon Permit page: http://www.police.nsw.gov.au/communi...weapon_permits

Australian Government Customs Service fact Sheet http://www.customs.gov.au/webdata/re...erPointers.pdf

Macarthur Astronomical Society Members Laser Pointer Registration Form http://www.macastro.org.au/home/MAS_...ointerForm.pdf

Laser Pointer Safety website (American) http://www.laserpointersafety.com/index.html

[mithrandir (Andrew)]

Originally Posted by Stu Ward

I'm not currently a paid member of an Astronomical society, but if i read that right, if i were i would not need a permit ?

That appears likely it will not work in practice due to the "left hand not knowing what the right hand is doing" rule. Quote from NSW Police B709B:

NOTE: The onus is on the importer to properly and accurately identify the item they wish to import. If you are unsure whether a B709B is required for the item you wish to import, you can obtain classification details from the Australian Customs by forwarding details and photographs to weaponspolicy@customs.gov.au.

You could try asking Customs if they require a B709B if you could demonstrate you have exemption due to membership of one of the "NSW Police list of approved Astronomical Societies".

I wouldn't hold my breath, and I belong to an organisation on the list.

[Jutscher (Sam)]

I called the guys at AGWA to ask about our groups policy. Turns out my club (AGWA) is not a registered club, nor any other in WA. Basically this means as mark was saying to legally use one in WA a B709B needs to be applied for before purchasing and operating a laser over 1mW.
Sounds like I have some paperwork to do...
Hope this helps others in WA

[marki]

Originally Posted by mithrandir

That appears likely it will not work in practice due to the "left hand not knowing what the right hand is doing" rule. Quote from NSW Police B709B:
You could try asking Customs if they require a B709B

I wouldn't hold my breath, and I belong to an organisation on the list.

Andrew if you email a pic of the item to customs they respond very quickly. I did exactly that when I imported a laser collimator and they quicky responded that it was not on the banned list and the item passed through customs with no problems.

Jutscher, the paper work is not really the hassle, its getting the people (those who whose job it is to regulate) up to speed on their own laws.
Again it works out in the end you just need to patient and well organised. I only did it as I wanted to see if it would be possible for an amature to actually get their hands on one from OS when the new laws came into play. I would imagine it would be easier just buying one from QLD.

Mark

[grantboxer (Grant)]

Hi All,

I have made enquiries with the WA Police and they said that Laser Pointers are banned in WA.

Does anyone have any different information?

Cheers
Grant

[mithrandir (Andrew)]

Originally Posted by grantboxer

Hi All,

I have made enquiries with the WA Police and they said that Laser Pointers are banned in WA.

Does anyone have any different information?

Is there a newer statement than this one? It seems to be current but does not explain what a "lawful excuse" is.

[Cosmic (Daniel)]

Hi Sam,

Well...hmm heres my experience getting green 50mw from Singapore. I do think paying (like I did before) 100 bucks at jaycar is a bit hexi just for the laser module, considering I payed 20 for mine. 5mw is a bit to weak for my liking.

Look 20 and the risk of losing it...do you go to the casino Be sensible and you cant go wrong, whats the harm.

Dan

[mswhin63 (Malcolm)]

I will be getting my licence some time this year, max for Perth is 5mW without the user getting a licence as well. Police knowledge of the law is limited, they consider any use of a laser to be unlawful, go figure.

I hope to provide a police information card allowing it authorised use but that will be a difficult one.

If caught your only alternative is to fight it out in the courts as the police do have limited resources when it comes to understanding every legal aspect.