SUMMARY OFFENCES (WEAPONS) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 5, page 3, line 21 [clause 5, inserted section 21A(1), definition of criminal intelligence]—

After 'suspected' insert: serious and organised

No. 2. Clause 5, page 3, line 26 [clause 5, inserted section 21A(1), definition of dangerous article]—Delete 'regulation' and substitute:

Schedule 2 Part 2

No. 3. Clause 5, page 3, after line 32 [clause 5, inserted section 21A(1)]—After the definition of knife insert:

lawful excuse—see section 21E;

No. 4. Clause 5, page 4, after line 12 [clause 5, inserted section 21A(1)]—After the definition of offensive weapon insert:

official ceremony means a ceremony conducted—

(a) by the Crown in right of the State or the Commonwealth; or

(b) by or under the auspices of—

(i) the Government of the State or the Commonwealth; or

(ii) South Australia Police; or

(iii) the armed forces;

No. 5. Clause 5, page 4, line 13 [clause 5, inserted section 21A(1), definition of prohibited weapon]—Delete 'regulation' and substitute:

Schedule 2 Part 3

No. 6. Clause 5, page 4, after line 15 [clause 5, inserted section 21A(1)]—After the definition of school insert:

serious and organised criminal activity means criminal activity involving 2 or more persons who are reasonably suspected of associating for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity (within the meaning of the Serious and Organised Crime (Control) Act 2008);

No. 7. Clause 5, page 4, after line 23—After section 21A insert:

21AB—Expiry of criminal intelligence provisions

Information may not be classified as criminal intelligence for the purposes of this Part after the day on which the Serious and Organised Crime (Control) Act 2008 expires in accordance with section 39 of that Act.

No. 8. Clause 5, page 5, lines 13 to 16 [clause 5, inserted section 21C(3)]—Delete subsection (3) and substitute:

(3) A person who, without lawful excuse, carries an offensive weapon or dangerous article at night while in, or while apparently attempting to enter or leave—

(a) licensed premises; or

(b) a carparking area specifically or primarily provided for the use of patrons of the licensed premises,

is guilty of an offence.

Maximum penalty: $10,000 or imprisonment for 2 years.

No. 9. Clause 5, page 5, after line 35 [clause 5, inserted section 21C]—After subsection (6) insert:

(7) A person who, without lawful excuse, has possession of an offensive weapon in a school is guilty of an offence.

Maximum penalty:

(a) for a first offence—$2,500 or imprisonment for 6 months;

(b) for a subsequent offence—$5,000 or imprisonment for 12 months.

(8) A person who, without lawful excuse—

(a) uses an offensive weapon; or

(b) carries an offensive weapon that is visible,

in the presence of any person in a school or public place in a manner that would be likely to cause a person of reasonable firmness present at the scene to fear for his or her personal safety, is guilty of an offence.

Maximum penalty: $10,000 or imprisonment for 2 years.

(9) For the purposes of an offence against subsection (8), no person of reasonable firmness need actually be, or be likely to be, present at the scene.

(10) If on the trial of a person for an offence against subsection (7) or (8), the court is not satisfied that the person is guilty of the offence charged, but is satisfied that the person is guilty of an offence against subsection (1)(a), the court may find the person guilty of the offence against subsection (1)(a).

No. 10. Clause 5, page 5, after line 39 [clause 5, inserted section 21D]—After subsection (1) insert:

(1a) Subsection (1) does not apply in relation to the sale of a knife if it is reasonable to infer that the knife was made for the consumption of food.

No. 11. Clause 5, page 6, after line 19 [clause 5, inserted section 21D]—After subsection (4) insert:

(4a) No offence is committed under subsection (4) if a person markets a knife solely in a way that indicates or suggests that the knife is suitable for use in a lawful form of entertainment or a lawful and recognised form of recreation or sport.

No. 12. Clause 5, page 6, lines 32 to 38 and page 7, lines 1 to 11 [clause 5, inserted section 21E]—Delete section 21E and substitute:

21E—Lawful excuse

(1) Nothing in this section limits the circumstances in which a person will, or will not, be taken to have a lawful excuse for the purposes of this Part.

(2) It will be a lawful excuse for a police officer to use, carry or possess an offensive weapon or an implement or article if the use, carrying or possession occurs in the course of the officer's duties as a police officer.

(3) It will be a lawful excuse for a person to use, carry or possess an offensive weapon if the use, carrying or possession is reasonably required in the course of conducting his or her business or for the purpose or in the course of his or her employment.

(4) It will be a lawful excuse for a person to use, carry or possess an offensive weapon if the use, carrying or possession is reasonably required in connection with—

(a) a lawful form of entertainment; or

(b) a lawful and recognised form of recreation or sport; or

(c) an official ceremony; or

(d) an official uniform; or

(e) in the case of a knife—

(i) the exhibition of knives for retail or other trade purposes; or

(ii) an organised exhibition by knife collectors; or

(iii) the preparation or consumption of food.

(5) It will be a lawful excuse for a person to carry or possess an offensive weapon if the carrying or possession is reasonably required in connection with a museum or art gallery.

(6) The regulations may, however, despite a provision of this section, prescribe circumstances in which certain convicted persons will not be taken to have a lawful excuse for the purposes of this Part.

No. 13. Clause 5, page 7, line 21 [clause 5, inserted section 21F(2)(a)]—Delete paragraph (a) and substitute:

(a) Schedule 2 Part 4; or

No. 14. Clause 5, page 7, line 22 [clause 5, inserted section 21F(2)(b)]—Delete 'Commissioner' and substitute:

Minister

No. 15. Clause 5, page 7, lines 25 to 27 [clause 5, inserted section 21F(3)]—Delete subsection (3)

No. 16. Clause 5, page 7, line 28 [clause 5, inserted section 21F(4)]—Delete 'Commissioner' and substitute:

Minister

No. 17. Clause 5, page 7, line 31 [clause 5, inserted section 21F(4)(b)]—Delete 'Commissioner's' and substitute:

Minister's

No. 18. Clause 5, page 7, line 35 [clause 5, inserted section 21F(5)]—Delete 'Commissioner' and substitute:

Minister

No. 19. Clause 5, page 7, line 37 [clause 5, inserted section 21F(6)]—Delete 'Commissioner' and substitute:

Minister

No. 20. Clause 5, page 7, line 38 [clause 5, inserted section 21F(6)(a)]—Delete 'Commissioner' and substitute:

Minister

No. 21. Clause 5, page 7, after line 39 [clause 5, inserted section 21F]—After subsection (6) insert:

(6a) The Minister must not make a decision on an application for a declaration unless he or she has consulted with the Commissioner.

No. 22. Clause 5, page 8, line 1 [clause 5, inserted section 21F(7)]—Delete 'Commissioner' and substitute:

Minister

No. 23. Clause 5, page 8, after line 3 [clause 5, inserted section 21F]—After subsection (7) insert:

(7a) The Minister may delegate his or her powers under this section to any person or body.

(7b) A delegation under subsection (7a)—

(a) must be in writing; and

(b) may be conditional or unconditional; and

(c) does not derogate from the Minister's ability to exercise the power under this section; and

(d) is revocable at will by the Minister.

No. 24. Clause 5, page 8, lines 4 and 5 [clause 5, inserted section 21F(8)]—Delete 'Commissioner' wherever occurring and substitute in each case:

Minister

No. 25. Clause 5, page 8, lines 27 to 30 [clause 5, inserted section 21F(12)]—Delete subsection (12) and substitute:

(12) A person who is entitled to use or possess a prohibited weapon in accordance with this section—

(a) must not use or possess the weapon unless he or she does so in a safe and secure manner; and

(b) must take all reasonable steps to prevent access to the weapon by persons who are not entitled to such use or possession.

Maximum penalty: $1 250 or imprisonment for 3 months.

No. 26. Clause 5, page 8, after line 30—After section 21F insert:

21FA—Information relating to weapons related injuries

(1) If a medical practitioner or a registered or enrolled nurse has reasonable cause to suspect in relation to a person who he or she has seen in his or her professional capacity that the person is suffering from a wound inflicted by a weapon or article of a kind referred to in this Part, the medical practitioner or nurse must, within 1 month after forming the suspicion, make a report to the Department (within the meaning of the Public and Environmental Health Act 1987) containing—

(a) details of the wound; and

(b) any information provided to the practitioner or nurse about the circumstances leading to the infliction of the wound (other than information tending to identify the person).

(2) Subsection (1) does not apply if, in the opinion of the medical practitioner or the nurse, the injuries are not serious and the medical practitioner or nurse believes on reasonable grounds that the injuries were accidental.

(3) A person incurs no civil or criminal liability in taking action in good faith in compliance, or purported compliance, with this section.

(4) In this section—

enrolled nurse means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a nurse (other than as a student); and

(b) in the enrolled nurses division of that profession;

medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a nurse (other than as a student); and

(b) in the registered nurses division of that profession.

No. 27. Clause 5, page 9, lines 18 to 20 [clause 5, inserted section 21G(4)]—Delete subsection (4) and substitute:

(4) A weapons prohibition order served on a person must be accompanied by a notice—

(a) setting out the Commissioner's reasons for issuing the order; and

(b) setting out the terms and the effect of the order; and

(c) stating that the person may, within 28 days, appeal to the District Court against the order.

No. 28. Clause 5, page 9, line 26 [clause 5, inserted section 21G(6)]—Delete '5 years' and substitute:

3 years

No. 29. Clause 5, page 10, after line 23 [clause 5, inserted section 21H]—After subsection (4) insert:

(4a) It is a defence to prosecution for an offence against subsection (4)(a) to prove that the person did not know, and could not reasonably be expected to have known, that the place was a place of a kind referred to in that paragraph.

No. 30. Clause 5, page 10, lines 29 to 41 [clause 5, inserted section 21H(6) to (8)]—Delete subsections (6) to (8) inclusive and substitute:

(6) A person to whom a weapons prohibition order applies must—

(a) immediately on becoming aware of the presence of a prohibited weapon on premises at which the person resides, notify the Commissioner of that fact; and

(b) comply with—

(i) a direction of the Commissioner, given in response to that notification, that the person must not reside at the premises; or

(ii) any other direction of the Commissioner, given in response to that notification, in relation to the weapon.

Maximum penalty: $10,000 or imprisonment for 2 years.

No. 31. Clause 5, page 11, lines 5 to 13 [clause 5, inserted section 21H(10) and (11)]—Delete subsections (10) and (11)

No. 32. Clause 5, page 11, line 15 [clause 5, inserted section 21H(12)]—Delete ', (10) or (11)'

No. 33. Clause 5, page 11, lines 18 to 25 [clause 5, inserted section 21H(13)]—Delete subsection (13) and substitute:

(13) For the purposes of this section, if a person to whom a weapons prohibition order applies is on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) when a prohibited weapon is found on or in the premises, vehicle, vessel or aircraft, the person will be taken to possess the weapon unless it is proved that—

(a) the person has notified the Commissioner of the presence of the weapon in accordance with subsection (6); or

(b) the person did not know, and could not reasonably be expected to have known, that the weapon was on or in the premises, vehicle, vessel or aircraft.

No. 34. Clause 5, page 11, after line 29 [clause 5, inserted section 21H]—After subsection (14) insert:

(15) The Commissioner may, by notice in the Gazette—

(a) exempt a class of persons, unconditionally or subject to conditions specified in the notice, from a specified provision of this section; and

(b) vary or revoke such an exemption.

No. 35. Clause 5, page 11, lines 31 to 33 [clause 5, inserted section 21I(1)]—Delete subsection (1) and substitute:

(1) A person aggrieved by a decision of the Commissioner—

(a) to issue a weapons prohibition order under section 21G; or

(b) to vary or revoke an exemption under section 21H(14),

may appeal against the decision to the District Court.

No. 36. Clause 5, page 12, after line 13—After section 21I insert:

21IA—Reports relating to weapons prohibition orders

The following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation):

(a) the number of weapons prohibition orders issued under section 21G;

(b) the number of weapons prohibition orders revoked under section 21G;

(c) the number of appeals under section 21I and the outcome of each appeal that has been completed or finally determined;

(d) any other information requested by the Minister.

No. 37. Clause 5, page 12, lines 26 and 27 [clause 5, inserted section 21J(2)(a)]—Delete 'who a police officer suspects on reasonable grounds is a person'

No. 38. Clause 5, page 13, lines 28 to 30 [clause 5, inserted section 21M(a)]—Delete paragraph (a) and substitute:

(a) provide that this Part or specified provisions of this Part do not apply to a specified class of persons; and

No. 39. Clause 7, page 14, line 4 [clause 7, inserted section 72A(1)]—Delete 'A police' and substitute:

Subject to this section, a police

No. 40. Clause 7, page 14, line 5 [clause 7, inserted section 72A(1)]—Delete 'metal detector'

No. 41. Clause 7, page 14, after line 9 [clause 7, inserted section 72A]—After subsection (1) insert:

(1a) A search referred to in subsection (1) in relation to a person or property must be carried out as follows:

(a) the search must, in the first instance, be a metal detector search and must not proceed to a further search unless the metal detector search indicates the presence or likely presence of metal;

(b) if the metal detector search indicates the presence or likely presence of metal, a police officer may—

(i) require the person to produce the item detected by the metal detector; and

(ii) if the person refuses or fails to produce such item—conduct a search of the person for the purpose of identifying the item as if it were a search of a person who is reasonably suspected of having, on or about his or her person—

(A) stolen goods; or

(B) an object, possession of which constitutes an offence; or

(C) evidence of the commission of an indictable offence;

(c) a search will not be taken to be lawfully carried out under this section unless it is carried out in accordance with procedures set out in the regulations (being procedures that seek to minimise, as far as reasonably practicable, any undue delay, inconvenience or embarrassment to persons being subjected to a search under this section).

No. 42. Clause 7, page 14, line 11 [clause 7, inserted section 72A(2)(a)]—Delete 'and the vicinity of licensed premises'

No. 43. Clause 7, page 14, after line 16 [clause 7, inserted section 72A(2)]—After paragraph (b) insert:

(c) a car parking area specifically or primarily provided for the use of patrons of an area referred to in paragraph (a) or (b).

No. 44. Clause 7, page 14, lines 29 and 30 [clause 7, inserted section 72A(5)]—Delete 'metal detector'

No. 45. Clause 7, page 14, lines 33 to 35 [clause 7, inserted section 72A(6)]—Delete subsection (6)

No. 46. Clause 7, page 14, lines 36 to 41 and page 15, lines 1 to 12 [clause 7, inserted section 72A(7) and (8)]—

Section 72A(7) and (8)—delete the subsections and substitute:

(7) The following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation):

(a) the number of declarations made under subsection (3);

(b) the following details about each declaration made under subsection (3):

(i) the name and date of the event;

(ii) the location of the public place;

(c) the number of metal detector searches, and the number of searches other than metal detector searches, carried out under this section;

(d) the locations at which those searches were carried out (for example, licensed premises, a public place holding an event or elsewhere);

(e) in the case of a search carried out at a public place holding an event—the event and period specified in the relevant declaration and the date on which the notice of the declaration was published in the Gazette;

(f) the number of occasions on which a metal detector search indicated the presence, or likely presence, of any metal;

(g) the number of occasions on which weapons or articles of a kind referred to in Part 3A were detected in the course of such searches and the types of weapons or articles so detected;

(h) the number of occasions on which other kinds of weapons or articles constituting evidence, or possible evidence, of the commission of an offence were detected in the course of such searches and the types of weapons or articles so detected;

(i) any other information requested by the Minister.

No. 47. Clause 7, page 15, after line 12 [clause 7, inserted section 72A]—After subsection (8) insert:

(8a) This section will expire 3 years after it comes into operation.

No. 48. Clause 7, page 15, lines 30 to 34 [clause 7, inserted section 72A(9), definition of metal detector search]——

Delete the definition of metal detector search

No. 49. Clause 7, page 15, line 36 [clause 7, inserted section 72B(1)]—Delete 'A police' and substitute:

Subject to this section, a police

No. 50. Clause 7, page 16, after line 1 [clause 7, inserted section 72B]—After subsection (1) insert:

(1a) A search referred to in subsection (1) in relation to a person or property must be carried out as follows:

(a) the search must, in the first instance, be a metal detector search and must not proceed to a further search unless the metal detector search indicates the presence or likely presence of metal;

(b) if the metal detector search indicates the presence or likely presence of metal, a police officer may—

(i) require the person to produce the item detected by the metal detector; and

(ii) if the person refuses or fails to produce such item—conduct a search of the person for the purpose of identifying the item as if it were a search of a person who is reasonably suspected of having, on or about his or her person—

(A) stolen goods; or

(B) an object, possession of which constitutes an offence; or

(C) evidence of the commission of an indictable offence;

(c) a search will not be taken to be lawfully carried out under this section unless it is carried out in accordance with procedures set out in the regulations (being procedures that seek to minimise, as far as reasonably practicable, any undue delay, inconvenience or embarrassment to persons being subjected to a search under this section).

No. 51. Clause 7, page 16, lines 11 to 13 [clause 7, inserted section 72B(4)]—Delete subsection (4)

No. 52. Clause 7, page 16, line 17 [clause 7, inserted section 72B(5)(b)]—After 'relates' insert:

(which must not be larger than is reasonably necessary for the purposes of the authorisation)

No. 53. Clause 7, page 17, lines 4 to 23 [clause 7, inserted section 72B(10) and (11)]—

Section 72B(10) and (11)—delete the subsections and substitute:

(10) The following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation):

(a) the number of authorisations granted under subsection (3) and the nature of the incidents in relation to which such authorisations were granted;

(b) the number of metal detector searches, and the number of searches other than metal detector searches, carried out under this section, and information identifying the authorisation pursuant to which those searches were carried out;

(c) the number of occasions on which a metal detector search indicated the presence, or likely presence, of any metal;

(d) the number of occasions on which weapons or articles of a kind referred to in Part 3A were detected in the course of such searches and the types of weapons or articles so detected;

(e) the number of occasions on which other kinds of weapons or articles constituting evidence, or possible evidence, of the commission of an offence were detected in the course of such searches and the types of weapons or articles so detected;

(f) the number of occasions on which the Commissioner gave consent under subsection (9);

(g) any other information requested by the Minister.

No. 54. Clause 7, page 17, after line 25 [clause 7, inserted section 72C]—Before subsection (1) insert:

(a1) A metal detector search carried out under section 72A or 72B must be conducted—

(a) using only a metal detector of a kind approved by the Commissioner; and

(b) in accordance with any directions issued by the Commissioner.

No. 55. Clause 7, page 17, lines 28 to 32 [clause 7, inserted section 72C(2)]—Delete subsection (2)

No. 56. Clause 7, page 17, after line 32 [clause 7, inserted section 72C]——After subsection (2) insert:

(2a) A police officer must ensure that any exercise of powers under section 72A or 72B does not unreasonably interfere with a person's right to participate in lawful advocacy, protest, dissent or industrial action.

No. 57. Clause 7, page 17, lines 33 to 35 [clause 7, inserted section 72C(3)]—Delete subsection (3)

No. 58. Clause 7, page 18, lines 9 and 10 [clause 7, inserted section 72C(6)(a)]—Delete ', or a person accompanying a police officer,'

No. 59. Clause 7, page 18, line 36 [clause 9(1)]—Delete subclause (1) and substitute:

(1) Section 85(2)(a) and (b)—delete paragraphs (a) and (b) and substitute:

(a) vary the provisions of Schedule 2 (other than clauses 5 to 7 inclusive and 19 to 25 inclusive) by including provisions in, or deleting provisions from, the Schedule;

No. 60. New clause, page 19, after line 3—After clause 9 insert:

10—Insertion of Schedule 2

After Schedule 1 insert:

Schedule 2—Weapons etc

Part 1—Interpretation

1—Interpretation

(1) In this Schedule, unless the contrary intention appears—

catapult includes a shanghai and a slingshot;

designed includes adapted;

extendable baton of a prescribed kind means an extendable baton that can only be extended by means of gravity or centrifugal force;

number, in relation to the identification of a weapon, means an identifying mark comprised of either numbers or letters or a combination of both numbers and letters;

official ceremony means a ceremony conducted—

(a) by the Crown in right of the State or the Commonwealth; or

(b) by or under the auspices of—

(i) the Government of the State or the Commonwealth; or

(ii) South Australia Police; or

(iii) the armed forces;

prescribed masonic organisation means—

(a) the Antient, Free And Accepted Masons Of South Australia and the Northern Territory Incorporated; or

(b) a Lodge or Order of Freemasons warranted and recognised by the association referred to in paragraph (a); or

(c) the Lodge of Freemasons named 'The Duke of Leinster Lodge';

prescribed services organisation means—

(a) The Returned and Services League of Australia (SA Branch) Incorporated or any of its sub-branches; or

(b) an association or other body (whether or not incorporated) that is a member of the Consultative Council of Ex-Service Organisations (SA).

(2) For the purposes of this Schedule—

(b) a reference to a particular class of dangerous article is a reference to the class of dangerous article as declared and described in Part 2; and

(c) a reference to a particular class of prohibited weapon is a reference to the class of prohibited weapon as declared and described in Part 3; and

(d) if an article could, but for this paragraph, be declared by this Schedule to be both a dangerous article and a prohibited weapon, it will be taken, unless the contrary intention appears, to be declared to be a prohibited weapon and not a dangerous article.

Part 2—Dangerous articles

2—Dangerous articles

Each of the following is declared to be a dangerous article for the purposes of Part 3A of this Act:

(a) anti-theft case—a case, satchel or similar article designed to administer an electric shock to a person who handles or interferes with the case, satchel or article or its contents;

(b) bayonet—a stabbing weapon designed to be attached to or at the muzzle of a rifle;

(c) blow gun—a blow-pipe or similar device or instrument designed to propel an arrow, dart or similar projectile by air expelled from the mouth;

(d) cross-bow—a cross-bow, other than a pistol cross-bow as described in Part 3 clause 3(s) of this Schedule;

(e) dart projector—a device (for example, a Darchery Dart Slinger) designed to propel a dart by means of elastic material;

(f) gas injector device—a device (for example, a Farallon Shark Dart or a WASP Injector Knife) designed to kill or injure an animal by injecting a gas or other substance into the body of the animal;

(g) plain catapult—a catapult made for commercial distribution, other than a brace catapult as described in Part 3 clause 3(b) of this Schedule;

(h) self-protecting spray—a device or instrument designed to temporarily or permanently immobilise, incapacitate or injure a person by the emission or discharge of an offensive, noxious or irritant liquid, powder, gas or chemical;

(i) self-protection device—a hand held device or instrument designed to temporarily or permanently immobilise, incapacitate or injure a person by the emission or discharge of an electric current, sound waves or electromagnetic energy.

Part 3—Prohibited weapons

3—Prohibited weapons

Each of the following is declared to be a prohibited weapon for the purposes of Part 3A of this Act:

(a) ballistic knife—a device or instrument (other than a dart projector) designed to fire or discharge a knife, dagger or similar instrument by mechanical, percussive or explosive means;

(b) brace catapult—a catapult (for example, a Saunders Falcon Hunting Sling) that includes or is designed to be used with a brace fitted or resting on the forearm or another part of the body in order to support the forearm or wrist when the catapult is activated;

(c) butterfly knife—a knife comprised of a blade or spike and a handle, in respect of which—

(i) the handle is in 2 sections that fold so as to wholly or partially cover the blade or spike when the knife is not in use; and

(ii) the blade or spike can be exposed by gravity or centrifugal force;

(d) chloroacetophenone—chloroacetophenone (known as CN) in all its forms;

(e) concealed weapon—an article that appears to be harmless but that conceals a knife, spike or other weapon;

(f) dagger—a sharp, pointed stabbing weapon (other than a bayonet or sword), ordinarily capable of being concealed on the person and having—

(i) a flat blade with cutting edges on both sides; or

(ii) a needle-like blade that has a round or elliptical cross section or that has 3 or more sides;

(g) dirk or sgian dhu—a ceremonial weapon associated with traditional Scottish culture;

(h) dypenylaminechloroarsone—dypenylaminechloroarsone (known as DM or adamsite) in all its forms;

(i) extendable baton—a baton designed for use as a weapon that can be extended in length by gravity or centrifugal force or by a release button or other device;

(j) fighting knife—a knife (other than a bayonet or sword) designed for hand to hand fighting, for example, a butterfly knife, dagger, flick knife, push knife or trench knife;

(k) flick-knife—a knife in respect of which—

(i) the blade is concealed when folded or recessed into the handle and springs or is released into the extended position by the operation of a button or other device on the handle; or

(ii) the blade is wholly or partially concealed by a sheath that can be withdrawn into the handle of the knife by gravity, centrifugal force or by the operation of a button or other device;

(l) hand or foot claw—an article designed as a weapon consisting of prongs or other projections worn on the hands or feet (for example, the martial arts weapons known as ninja hand claws, ninja foot claws or ninja claws);

(m) knife belt—a belt or similar article (for example, a Bowen Knife Belt) designed to hold a knife, dagger or similar instrument so that the presence of the knife, dagger or instrument is concealed or disguised when the belt or article is worn;

(n) knuckle duster—a device or instrument designed to be worn across the knuckles of a hand so as to—

(i) increase the force or impact of a punch or blow when striking another with the hand; and

(ii) protect the knuckles from injury,

including a weighted or studded glove, but not including a boxing glove;

(o) laser pointer—a hand held device, commonly known as a laser pointer, designed to emit a laser beam with an accessible emission level of greater than 1 milliwatt;

(p) morning star—an article designed as a weapon consisting of a weight (whether or not with spikes or blades) attached to a chain, rope or a length of other flexible material;

(q) nunchakus—a device comprised of 2 or more bars joined by a chain, rope or other flexible material so that the bars can swing independently of each other;

(r) orthochlorobenzalmalononitrile—orthochlorobenzalmalononitrile (known as CS) in all its forms;

(s) pistol cross-bow—a cross bow designed for aiming and discharging an arrow, dart, bolt or similar projectile when held in one hand;

(t) poniard—a ceremonial weapon associated with the traditions of a prescribed masonic organisation;

(u) push knife—a knife (for example, an Urban Pal Knife) comprised of a blade or spike with a transverse handle that is designed—

(i) to be held between the fingers or the forefinger and thumb with the handle supported by the palm of the hand; and

(ii) to inflict injury by a punching or pushing movement;

(v) star knife—a device comprised of a number of points, blades or spikes pointing outwardly from a central axis and designed to spin around that axis, and capable of causing serious injury, when thrown;

(w) throwing knife—a knife that is designed to cause serious injury when thrown;

(x) trench knife—a knife comprised of a blade or spike attached to one end of a handle that is designed to be held in the closed fist with the fingers through the handle which serves as a knuckle duster;

(y) undetectable knife—a knife that—

(i) is made wholly or partly of a material that prevents the knife from being detected, or being detected as a knife, by either a metal detector or by a method using X-rays; and

(ii) is capable of causing serious injury or death.

Part 4—Exempt persons—prohibited weapons

4—Application of Part

(2) If—

(a) in this Part, a person is expressed to be an exempt person for the purposes of 1 or more offences against section 21F(1) of this Act in relation to a particular class of prohibited weapon; and

(b) the weapon is included in 1 or more of the other classes of prohibited weapon,

the person is an exempt person in relation to that weapon for the purposes of the offences even though he or she is not an exempt person in relation to a prohibited weapon of the other class or classes referred to in paragraph (b).

(3) The provisions of this Part (other than clauses 5, 6, 7 and 8) do not apply to a person who has, whether before or after the commencement of this Part, been found guilty by a court of—

(a) an offence involving violence for which the maximum term of imprisonment is 5 years or more; or

(b) an equivalent offence involving violence under the law of another State or Territory of the Commonwealth or of another country.

(4) If a person is an exempt person in relation to a weapon under a clause in this Part other than under clauses 5, 6, 7 or 8) and a court finds the person guilty of using the weapon to threaten or injure another person, he or she ceases to be an exempt person in relation to that or any other weapon under that clause and can never again become an exempt person under that clause.

(5) A person who, prior to the commencement of this Part, ceased, in accordance with regulation 7(4) of the Summary Offences (Dangerous Articles and Prohibited Weapons) Regulations 2000, to be an exempt person under a particular regulation is taken not to be exempt under any corresponding provision of this Part.

5—Police officers

A police officer is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the officer uses or has possession of a prohibited weapon for the purpose or in the course of his or her duties as a police officer.

6—Delivery to police

A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon for the purpose of delivering it as soon as reasonably practicable to a police officer.

7—Emergencies

A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon for the purpose, and in the course, of dealing with an emergency (whether as a volunteer or in the course of paid employment), provided that the person does not use the weapon to threaten or injure another person.

8—Executors etc

(1) A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon in the course of his or her duties—

(a) as the executor, administrator or other representative of—

(i) the estate of a deceased person or a bankrupt; or

(ii) a person who is legally incompetent; or

(b) as receiver or liquidator of a body corporate.

(2) A person is an exempt person for the purposes of an offence of sale or supply of a prohibited weapon under section 21F(1)(a) of this Act, if the person sells or supplies a prohibited weapon in the course of his or her duties—

(a) as the executor, administrator or other representative of—

(i) the estate of a deceased person or a bankrupt; or

(ii) a person who is legally incompetent; or

(b) as receiver or liquidator of a body corporate,

provided that the sale or supply is to a person who is entitled to possession of the weapon under section 21F of this Act.

9—Heirlooms

A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon that is of sentimental value to him or her as an heirloom and that was previously in the possession of 1 or more of his or her relatives provided that the person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except for the purpose of—

(a) display by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or

(b) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or

(c) valuation by a person who carries on a business that includes the valuing of articles of that kind; or

(d) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or

(e) permanently transferring possession of the weapon to another person (being a person who is entitled under section 21F of this Act to have possession of it).

10—Collectors

(1) A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon as part of a collection of weapons or other artefacts or memorabilia (comprised of at least 3 weapons, whether or not prohibited weapons) that has a particular theme, or that the person maintains for its historical interest or as an investment, provided that—

(a) the person keeps the following records in a legible manner in a bound book at his or her place of residence for a period that expires at the end of 5 years after he or she ceases to be in possession of the collection:

(i) a record describing and identifying the weapon;

(ii) a record of the date of each occasion on which he or she obtains or re-obtains possession of the weapon and the identity and address of the person from whom he or she obtains or re-obtains possession;

(iii) the date of each occasion on which he or she parts with possession of the weapon to another person and the identity and address of that person; and

(b) the person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except for the purpose of—

(i) display by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or

(ii) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or

(iii) valuation by a person who carries on a business that includes the valuing of articles of that kind; or

(iv) repair, restoration or valuation—

(A) by another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or

(B) by a person who is, under clause 13, an exempt person in relation to a prohibited weapon; or

(v) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or

(vi) storage by another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or

(vii) returning it to—

(A) another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or

(B) a prescribed services organisation that is, under clause 11, an exempt person in relation to a prohibited weapon,

on whose behalf he or she has repaired, restored, valued or stored the weapon; or

(viii) taking it to a meeting but only if the majority of persons at the meeting are collectors who are, under this clause, exempt persons in relation to prohibited weapons; or

(ix) its sale or supply to another person in accordance with subclause (2); and

(c) the person permits a police officer at any reasonable time to enter his or her residential premises to inspect the collection and the records kept under paragraph (a).

(2) A person who is an exempt person under subclause (1) will also be an exempt person for the purposes of an offence of sale or supply of such a weapon under section 21F(1)(a) of this Act if the person sells or supplies the weapon in the normal course of maintaining the collection, to a person who is entitled to possession of a prohibited weapon under section 21F of this Act.

(3) A reference in subclause (1) to the place of residence of a person will be taken, in the case of a body corporate, to be a reference to the registered office of the body corporate.

11—Prescribed services organisations (RSL etc)

(1) A prescribed services organisation is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if it has possession of a prohibited weapon of a kind acquired or used by one of its members (or by a person that it represents) while on active war service as a member of Australia's armed forces, provided that—

(a) the organisation keeps the following records in a legible manner in a bound book at its premises for a period that expires at the end of 5 years after it last ceased to be in possession of the weapon:

(i) a record describing and identifying the weapon;

(ii) a record of the date of each occasion on which the organisation obtains or re-obtains possession of the weapon and the identity and address of the person from whom the organisation obtains or re-obtains possession;

(iii) the date of each occasion on which the organisation parts with possession of the weapon to another person and the identity and address of that person; and

(b) the organisation keeps the weapon in a safe and secure manner at its premises and does not remove the weapon except for the purpose of—

(i) display by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or

(ii) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or

(iii) valuation by a person who carries on a business that includes the valuing of articles of that kind; or

(iv) repair, restoration or valuation—

(A) by a collector who is, under clause 10, an exempt person in relation to a prohibited weapon; or

(B) by a person who is, under clause 13, an exempt person in relation to a prohibited weapon; or

(v) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or

(vi) its sale or supply to another person in accordance with subclause (2); and

(c) the organisation permits a police officer at any reasonable time to enter the premises of the organisation to inspect the weapon and the records kept under paragraph (a).

(2) A person who is an exempt person in relation to a prohibited weapon under subclause (1) will also be an exempt person for the purposes of an offence of sale or supply of such a weapon under section 21F(1)(a) of this Act if the person sells or supplies the weapon in the normal course of maintaining the collection, to a person who is entitled to possession of a prohibited weapon under section 21F of this Act.

12—Possession by collector on behalf of prescribed services organisation or another collector

A person who is, under clause 10, an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act (the first collector) will also be an exempt person for the purposes of such an offence in relation to a prohibited weapon that is owned by another collector or a prescribed services organisation if—

(a) possession of the weapon by the first collector is solely for the purpose of repairing, restoring, valuing or storing it on behalf of the prescribed services organisation or the other collector; and

(b) the other collector is, under clause 10, or the prescribed services organisation is, under clause 11, an exempt person in relation to the weapon; and

(c) while the weapon is in the possession of the first collector, the first collector complies with the conditions in clause 10(1)(a) to (c) in relation to the weapon as though it were part of the first collector's collection.

13—Manufacturers etc

A person is an exempt person for the purposes of an offence of manufacture, sale, distribution, supply of, or other dealing in, possession or use of a prohibited weapon under section 21F(1) of this Act if—

(a) the person—

(i) has not been found guilty by a court of an offence involving the use, or the threat of using, a weapon; and

(ii) has notified the Commissioner in writing that he or she is, or intends, manufacturing, selling, distributing, supplying or otherwise dealing in prohibited weapons and of—

(A) the person's full name; and

(B) the address of the place or places at which the person is, or intends, conducting those activities; and

(C) the person's residential address; and

(D) in the case of a body corporate—the full name and residential address of each of its directors; and

(iii) the possession and use is, or is to be, only to the extent reasonably necessary for the purpose of manufacturing, selling, distributing, supplying or otherwise dealing in the weapons (as the case requires); and

(b) the weapons are kept in a safe and secure manner; and

(c) in the case of the sale, distribution or supply of, or other dealing in, a prohibited weapon—the weapon is not sold, distributed or supplied to, or dealt in with, a person who is under the age of 18 years; and

(d) a prohibited weapon is not marketed (within the meaning of section 21D of this Act) by the person in a way that—

(i) indicates, or suggests, that the weapon is suitable for combat; or

(ii) is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon; and

(e) in the case of the manufacture of prohibited weapons, each weapon manufactured is marked with an identifying brand and number in a manner that ensures that the brand and number cannot be removed easily and will not wear off in the normal course of use of the weapon; and

(f) the person keeps the following records in a legible manner (and in a form that is reasonably accessible to a police officer inspecting the records under paragraph (i)) at his or her business premises for a period of at least 5 years:

(i) a description of each prohibited weapon that is, or has been, in his or her possession;

(ii) the identifying brand and number (if any) that is marked on each of those weapons;

(iii) the name and address of the person to whom he or she sells, distributes, supplies, or with whom he or she otherwise deals in, each of those weapons;

(iv) the date of each transaction; and

(g) the person permits a police officer at any reasonable time to enter his or her premises or a vehicle in which prohibited weapons are carried to inspect the premises or vehicle, the weapons on the premises or in the vehicle or records kept by the exempt person under paragraph (f); and

(h) the person notifies the Commissioner in writing of a change in any of the information referred to in paragraph (a)(i) and (ii) within 7 days after the change occurs.

14—Possession by manufacturer etc on behalf of prescribed services organisation or another collector

A person who is, under clause 13, an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act (the manufacturer) will also be an exempt person for the purposes of such an offence in relation to a prohibited weapon that is owned by a collector or a prescribed services organisation if—

(a) possession of the weapon by the manufacturer is solely for the purpose of repairing or restoring the weapon or valuing or storing it on behalf of the collector or prescribed services organisation; and

(b) the collector is, under clause 10, or the prescribed services organisation is, under clause 11, an exempt person in relation to the weapon.

15—Extendable batons—security agents

(1) A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of an extendable baton of a prescribed kind if—

(a) the person is—

(i) authorised by a licence granted under the Security and Investigation Agents Act 1995 to carry on the business of protecting or guarding property as a security agent; and

(ii) the holder of a firearms licence under the Firearms Act 1977 authorising the possession and use of a handgun in the course of carrying on the business of guarding property; and

(b) the baton is kept in a safe and secure manner at the person's business premises when not being used; and

(c) the baton is marked with a number for identification and with the name of the person in a manner that ensures that the number and name cannot be removed easily and will not wear off in the normal course of use of the baton; and

(d) the baton is not issued to another person unless the other person is—

(i) an employee in the business; and

(ii) an exempt person under subclause (2); and

(e) the person keeps the following records in a legible manner (and in a form that is reasonably accessible to a police officer inspecting the records under paragraph (f)) at his or her business premises for a period of at least 5 years:

(i) the make and model of the baton and the identifying number marked on the baton under paragraph (c);

(ii) the date and time of every issue of the baton to an employee, the identification number of the baton, the identity of the employee to whom the baton is issued and the date and time when the baton is returned by the employee;

(iii) the date or dates (if any) on which a person to whom the baton has been issued uses the baton (as opposed to carrying the baton) in the course of his or her duties and the reason for that use of the baton; and

(f) the person permits a police officer at any reasonable time to enter his or her business premises to inspect the baton, the manner in which the baton is kept and the records kept under paragraph (e); and

(g) in the case of a natural person—

(i) the person has completed a course of instruction approved by the Commissioner in the proper use of extendable batons and has been awarded a certificate of competency by the person conducting the course; and

(ii) the person does not carry the baton while engaged in crowd control.

(2) A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of an extendable baton of a prescribed kind if the person—

(a) is employed to protect or guard property by a person who carries on the business of protecting or guarding property; and

(b) is authorised by a licence granted under the Security and Investigation Agents Act 1995 to protect or guard property as a security agent; and

(c) is the holder of a firearms licence under the Firearms Act 1977 authorising the possession and use of a handgun in the course of employment by a person who carries on the business of guarding property; and

(d) reasonably requires the possession of an extendable baton for the purposes of carrying out the duties of his or her employment; and

(e) has completed a course of instruction approved by the Commissioner of Police in the proper use of extendable batons and has been awarded a certificate of competency by the person conducting the course; and

(f) has not been found guilty by a court of an offence involving the illegal possession or use of an extendable baton, a firearm or any other weapon; and

(g) does not carry the baton while engaged in crowd control; and

(h) as soon as reasonably practicable after using the baton in the course of his or her duties, provides his or her employer with a written report setting out the date on which, and the circumstances in which, he or she used the baton.

16—Dirks and sgian dhus—members of Scottish associations

A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the possession of a dirk or sgian dhu (alternative spelling 'skean dhu') if—

(a) —

(i) the person is a member of an incorporated association that has as its sole or a principal purpose the fostering and preservation of Scottish culture or the playing or singing of Scottish music; or

(ii) the person is a member of a society, body or other group (whether or not incorporated) that is affiliated with an incorporated association and both the society, body or group and the incorporated association with which it is affiliated have as their sole or a principal purpose the fostering and preservation of Scottish culture or the playing or singing of Scottish music; and

(b) the person has possession of all of the clothes and other accoutrements traditionally worn with the dirk or sgian dhu (or, if the dirk or sgian dhu is traditionally worn with different clothes on different occasions, he or she has possession of the clothes and accoutrements for at least 1 of those occasions); and

(c) the person has possession of the dirk or sgian dhu solely for the purpose of wearing it with that clothing and, in the case of a dirk, for the purpose of using it in traditional Scottish ceremonies; and

(d) in the case of a dirk—the person only uses the dirk for the purposes of traditional Scottish ceremonies; and

(e) the person keeps the dirk or sgian dhu in a safe and secure manner at his or her place of residence and does not remove it except—

(i) for the purpose of wearing it with that clothing; or

(ii) for the purpose of lending it to a person who is entitled under section 21F of this Act to have possession of it; or

(iii) for the purpose of permanently transferring possession of the dirk or sgian dhu to another person (being a person who is entitled under section 21F of this Act to have possession of it).

17—Poniards—lodges of Freemasons etc

A prescribed masonic organisation is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a poniard if—

(a) the poniard is kept at the premises of the association, Lodge or Order concerned in a safe and secure manner and is not removed from the premises except for the purpose of—

(i) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or

(ii) valuation by a person who carries on a business that includes valuing articles of that kind; or

(iii) permanently transferring possession of the poniard to another person (being a person who is entitled under section 21F of this Act to have possession of it); and

(b) the poniard is only used at the premises of the association, Lodge or Order concerned for traditional ceremonial purposes.

18—Laser pointers for astronomical use

A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a laser pointer if—

(a) the person is using or has possession of the laser pointer for the purpose or in the course of participating in astronomy; and

(b) the person—

(i) is a member of—

(A) the Astronomical Society of South Australia Incorporated; or

(B) the Mars Society Australia Incorporated; or

(ii) participates in astronomy under the supervision of a member of a body referred to in subparagraph (i); or

(iii) participates in astronomy at an observatory; or

(iv) participates in astronomy as part of a course of study conducted by an educational institution.

19—Undetectable knives used in food preparation

A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of an undetectable knife if the use or possession is solely for the preparation of food or drink for human consumption.

20—Business purposes

A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of conducting his or her business or in the course of his or her employment, provided that—

(a) the use or possession of the weapon is reasonably required for that purpose; and

(b) the use or possession of the weapon is not in the course or for the purpose of manufacturing, selling, distributing, supplying or otherwise dealing in the weapon.

21—Religious purposes

A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the possession of a knife (other than a butterfly knife, flick knife, push knife or trench knife) or dagger if—

(a) the person is a member of a religious group; and

(b) the person possesses, wears or carries the knife or dagger for the purpose of complying with the requirements of that religion.

22—Entertainment

A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of providing a lawful and recognised form of entertainment of other persons that reasonably requires the use or possession of the weapon.

23—Sport and recreation

A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of participating in a lawful and recognised form of recreation or sport that reasonably requires the use or possession of the weapon.

24—Ceremonies

A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of an official ceremony that reasonably requires the use or possession of the weapon.

25—Museums and art galleries

A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon for the purposes of a museum or art gallery.

No. 61. Schedule 1, page 19, line 29 [Schedule 1, clause 4]—Delete 'Commissioner of Police' and substitute:

Minister