Dear Mr Sarkissian

I write to inform you of the arrangements regarding the new laws on the regulation of laser pointers.

There are three components to the new laws:

1. A new offence for possession of any kind of laser pointer in a public place without a reasonable excuse under the Summary Offences Act. The penalty may be up to 2 years imprisonment or a fine of up to $5,500.


Similar to the scheme that exists for knives, people will be required to provide a lawful excuse as to why they possess a laser pointer in a public place. A person who is an amateur astronomer would have a legitimate excuse for possessing a laser pointer in a public place as would a teacher or lecturer.

2. Laser pointers will be included as a dangerous implement under the Law Enforcement (Powers and Responsibilities) Act. Police will therefore have the power to request a person in a public place to submit to a frisk search if the police officer suspects on reasonable grounds that the person has a laser pointer in his or her custody. A police officer also has the power to confiscate the item.


Unlike other dangerous implements, the frisk search power only applies in public places; it does not apply to schools. The bolstering of police powers was necessary because of the difficulties in catching an offender for this particular crime type.

3. The Weapons Prohibition Regulation 1999 will, as from the date of commencement, list all 1 milliwat and above battery operated, hand held laser pointers as prohibited weapons. The lawful possession and use of these laser pointers will require a specific exemption or approval from the Commissioner of Police. A maximum of 14 years imprisonment penalty will apply.


This will ensure that access to higher powered laser pointers is limited to only those who are exempted from the requirement to own or possess a laser pointer or who have been approved by the Commissioner by way of a prohibited weapons permit.

Such approvals are subject to criminal and probity checks and ongoing responsibilities, including ensuring the safe storage of the item throughout the duration of the permit. Prior to this system being introduced an amnesty will be granted to people so that they can either apply for an exemption or a permit or surrender their laser pointer to police.

The Exemptions:
Persons exempt from the above requirement for a permit for possession and use of a laser pointer will include:

· A member of an approved professional or amateur astronomical organisation. This class of person is exempt from the requirement under the Act for a permit to possess or use a prohibited weapon referred to in clause 2(24) of Schedule 1 of the Act, but only for the purpose of enabling the person to take part in activities associated with astronomy.


The definition of “approved professional or amateur astronomical organisation” is still to be determined but will include:
· All astronomical organisations which are listed with the Australian Astronomical Society or the NSW Astronomical Society;
· Any astronomical organisations linked to a recognised Observatory such as the Sydney Observatory or Parkes Observatory; and
· Any other astronomical organisations approved by the Commissioner of Police.


The Amnesty:
Any person who already possesses a laser pointer to which the new law applies, and is not the holder of a permit under the Act, will be exempt from the requirement to seek a permit for until the end of the amnesty period, which will be prescribed in the Regulation, or until such a time as the person obtains a permit, whichever occurs first.

Permits:
Any person wishing to find out further information on laser pointers and how to apply for a permit may visit the NSW Police website on www.police.nsw.gov.au or contact the Firearms Registry’s Customer Service Line on Ph: 1300 362 562.

Yours sincerely,

Les Tree
Director General

Ministry for Police