SUMMARY OFFENCES (WEAPONS) AMENDMENT BILL

Conference

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (17:33): I have to report that the managers for the two houses conferred together and it was agreed that we should recommend to our respective houses:

As to Amendment No 1—That the Legislative Council no longer insist on its amendment

As to Amendment No 2—That the Legislative Council no longer insist on its amendment

As to Amendment No 3—That the Legislative Council no longer insist on its amendment

As to Amendment No 4—That the Legislative Council no longer insist on its amendment

As to Amendment No 5—That the Legislative Council no longer insist on its amendment

As to Amendment No 6—That the Legislative Council no longer insist on its amendment

As to Amendment No 7—That the Legislative Council no longer insist on its amendment

As to Amendment No 8—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 5, page 5, lines 13 to 26 [clause 5, inserted section 21C(3) and (4)]—Delete subsections (3) and (4) 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.

(4) It is a defence to prosecution for an offence against subsection (3) to prove that—

(a) if the charge relates to the defendant's being in, or apparently attempting to enter or leave, licensed premises—the defendant did not know and had no reason to believe that the premises were premises of a kind where liquor was sold or supplied; or

(b) if the charge relates to the defendant's being in, or apparently attempting to enter or leave, a carparking area specifically or primarily provided for the use of patrons of the licensed premises—the defendant did not know and had no reason to believe that the area was such a carparking area.

and that the House of Assembly agrees thereto.

As to Amendment No 9—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 5, page 5, after line 35 [clause 5, inserted section 21C]—After subsection (6) insert:

(7) 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.

(8) For the purposes of an offence against subsection (7), no person of reasonable firmness need actually be, or be likely to be, present at the scene.

(9) If on the trial of a person for an offence against subsection (7), 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).

and that the House of Assembly agrees thereto.

As to Amendment No 10—That the Legislative Council no longer insist on its amendment

As to Amendment No 11—That the Legislative Council no longer insist on its amendment

As to Amendment No 12—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 5, page 7, lines 1 to 11 [clause 5, inserted section 21E(2) and (3)]—Delete subsections (2) and (3)

and that the House of Assembly agrees thereto.

As to Amendment No 13—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 5, page 7, line 21 [clause 5, inserted section 21F(2)(a)]—Delete paragraph (a) and substitute:

(a) Schedule 2; or

and that the House of Assembly agrees thereto.

As to Amendment No 14—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 15—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 16—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 17—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 18—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 19—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 20—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 21—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 22—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 23—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 24—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 25—That the Legislative Council no longer insist on its amendment

As to Amendment No 26—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 5, page 8, after line 30—After section 21F insert:

21FA—Information relating to knife 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 knife, the medical practitioner or nurse must, as soon as practicable after forming the suspicion, make a report to the prescribed person or body 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.

and that the House of Assembly agrees thereto.

As to Amendment No 27—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 28—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 29—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 30—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

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) as soon as reasonably practicable after becoming aware of the presence of a prohibited weapon on premises at which the person resides, notify the Commissioner of that fact in the manner (if any) prescribed by the regulations; 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.

and that the House of Assembly agrees thereto.

As to Amendment No 31—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 32—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 33—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 34—That the Legislative Council no longer insist on its amendment

As to Amendment No 35—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 36—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 37—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 38—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 5, page 13, lines 28 to 30 [clause 5, inserted section 21M(a)]—Delete paragraph (a) and substitute:

(a) prescribe circumstances in which a person will be taken to have a lawful excuse in relation to an act or omission referred to in section 21C or 21E; and

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

and that the House of Assembly agrees thereto.

As to Amendment No 39—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 40—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 41—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 7, page 14, after line 9 [clause 7, inserted section 72A]—After subsection (1) insert:

(1a) The following provisions apply to a search carried out in accordance with this section:

(a) the search must, in the first instance, be a metal detector search;

(b) if the metal detector search indicates the presence or likely presence of metal, a police officer may require the person to produce items detected by the metal detector (and, for the purpose of determining whether or not the person has produced such items, may conduct further metal detector searches);

(c) if the person refuses or fails to produce any such item, a police officer may, for the purpose of identifying the item, conduct a search in relation to the person or property (which need not be a metal detector search but may be conducted as if it were a search of a person who is reasonably suspected of having, on or about his or her person an object, possession of which constitutes an offence).

and that the House of Assembly agrees thereto.

As to Amendment No 42—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 43—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 44—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 45—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 46—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

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) in respect of the period to which the report relates (the relevant period):

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

(b) the number of metal detector searches carried out under this section during the relevant period;

(c) the number of occasions on which a metal detector search carried out during the relevant period 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) any other information requested by the Minister.

and that the House of Assembly agrees thereto.

As to Amendment No 47—That the Legislative Council no longer insist on its amendment

As to Amendment No 48—That the Legislative Council no longer insist on its amendment

As to Amendment No 49—That the Legislative Council no longer insist on its amendment

As to Amendment No 50—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 7, page 16, line 8 [clause 7, inserted section 72B(3)]—Section 72B(3)—delete 'involving serious violence' and substitute:

of serious violence involving a group or groups of people

and that the House of Assembly agrees thereto.

As to Amendment No 51—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 52—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 53—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

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) in respect of the period to which the report relates (the relevant period):

(a) the number of authorisations granted under subsection (3) during the relevant period; and

(b) in relation to each authorisation granted during the relevant period (identified by location and date)—

(i) the nature of the incident in relation to which the authorisation was granted; and

(ii) the number of people searched in the exercise of powers under this section; and

(iii) whether weapons or articles of a kind referred to in Part 3A were detected in the course of the exercise of powers under this section; and

(iv) the types of weapons or articles so detected;

(c) the number of occasions on which the Commissioner gave consent under subsection (9) during the relevant period;

(d) any other information requested by the Minister.

and that the House of Assembly agrees thereto.

As to Amendment No 54—That the Legislative Council no longer insist on its amendment

As to Amendment No 55—That the Legislative Council no longer insist on its amendment

As to Amendment No 56—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 57—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 7, page 17, line 35 [clause 7, inserted section 72C(3)]—After 'circumstances' insert:

(provided that a person who is not a police officer may only provide assistance at the direction of, and in the presence of, a police officer)

and that the House of Assembly agrees thereto.

As to Amendment No 58—That the Legislative Council no longer insist on its amendment

As to Amendment No 59—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 9, 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 3 to 11 inclusive) by including provisions in, or deleting provisions from, the Schedule;

and that the House of Assembly agrees thereto.

As to Amendment No 60—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

New clause, page 19, after line 3—After clause 9 insert:

10—Insertion of Schedule 2

After Schedule 1 insert:

Schedule 2—Exempt persons—prohibited weapons

Part 1—Preliminary

1—Interpretation

In this Schedule, unless the contrary intention appears—

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 (S.A. 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 (S.A.).

2—Application of Schedule

(1) If—

(a) in Part 2, 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, in accordance with the regulations, 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).

(2) The exemptions in Part 2 (other than under clauses 3, 4, 5 and 12) do not apply to a person who has, whether before or after the commencement of this Schedule, 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.

(3) If a person is an exempt person in relation to a weapon under a clause in Part 2 (other than under clauses 3, 4, 5 or 12) 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.

(4) A person who, prior to the commencement of this Schedule, 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 Part 2.

Part 2—Exemptions

3—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.

4—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.

5—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.

6—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.

7—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.

8—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.

9—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.

10—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.

11—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.

12—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.

13—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).

14—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 17, 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 15, 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.

15—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 14, an exempt person in relation to a prohibited weapon; or

(B) by a person who is, under clause 17, 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.

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

A person who is, under clause 14, 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 14, or the prescribed services organisation is, under clause 15, 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 14(1)(a) to (c) in relation to the weapon as though it were part of the first collector's collection.

17—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.

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

A person who is, under clause 17, 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 14, or the prescribed services organisation is, under clause 15, an exempt person in relation to the weapon.

19—Prescribed weapons—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 a weapon of a kind prescribed for the purposes of this clause 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 weapon is kept in a safe and secure manner at the person's business premises when not being used; and

(c) the weapon 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 weapon; and

(d) the weapon 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 weapon and the identifying number marked on the weapon under paragraph (c);

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

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

(f) the person permits a police officer at any reasonable time to enter his or her business premises to inspect the weapon, the manner in which the weapon 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 such weapons and has been awarded a certificate of competency by the person conducting the course; and

(ii) the person does not carry the weapon 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 a weapon of a kind prescribed for the purposes of this clause 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 the weapon 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 such weapons 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 such a weapon, a firearm or any other weapon; and

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

(h) as soon as reasonably practicable after using the weapon 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 weapon.

20—Prescribed weapons—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 weapon of a kind prescribed for the purposes of this clause 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 weapon (or, if the weapon 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 weapon solely for the purpose of—

(i) wearing it with that clothing; and

(ii) if the weapon is of a kind prescribed for the purposes of this subparagraph—using it in traditional Scottish ceremonies; and

(d) if the weapon is of a kind prescribed for the purposes of paragraph (c)(ii)—the person only uses the weapon for the purposes of traditional Scottish ceremonies; and

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

21—Prescribed weapons—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 weapon of a kind prescribed for the purposes of this clause if the weapon—

(a) is only used at the premises of the organisation for traditional ceremonial purposes; and

(b) when not in use, is kept at the premises of the organisation, in a safe and secure manner; and

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

22—Prescribed weapons—astronomical 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 in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if—

(a) the person is using or has possession of the weapon 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.

23—Prescribed weapons—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 a weapon of a kind prescribed for the purposes of this clause if the use or possession is solely for the preparation of food or drink for human consumption.

and that the House of Assembly agrees thereto.

As to Amendment No 61—That the House of Assembly no longer insist on its disagreement to the amendment

Consequential amendments

That the Legislative Council makes the following consequential amendments to the Bill:

Schedule 1, page 19, line 16 [Schedule 1, clause 2]

Delete 'Section 14(5)(b)(ii)' and substitute:

Section 22(5)(b)(ii)

Schedule 1, page 19, line 29 [Schedule 1, clause 4]

Delete 'Commissioner of Police' and substitute:

Minister

and that the House of Assembly agrees thereto.

Consideration in committee of the recommendations of the conference.

The Hon. G.E. GAGO: I move:

That the recommendations of the conference be agreed to.

I understand that the parties have met and deliberated extensively. I am pleased to advise that members have come to an agreement on a set of amendments. I wish to thank all of those parties involved in the conference for their hard work and cooperation in agreeing to these amendments.

The Hon. S.G. WADE: I stand on behalf of the opposition to support the motion. In so doing, I would like to thank the participants in the conference and the officers of the ministerial department and my own office who have worked on this bill over the life of the bill but particularly for their efforts in its latter stages.

The opposition welcomes the fact that, as a result of this agreement out of the conference, the bill is improved. There have been concessions made to create more targeted and effective laws to fight street crime through the changes to the Summary Offences (Weapons) Amendment Bill 2010. The council would recall that in June 2011, 61 amendments to this bill were passed by the Legislative Council. Following negotiation, about half of the opposition amendments were accepted by the government without change. A further quarter were accepted following amendment.

I note that having opposed all the amendments and having left the bill in abeyance for almost a year, we now are in the situation where the government has accepted the need for important changes. The government likes from time to time to move to abolish this place and more regularly to attack the upper house for making amendments, but I think times like these show the vital work of the Legislative Council. Without opposition amendments supported by other groups in the Legislative Council, police and the South Australian community would not have sensible, enforceable laws in relation to weapons.

Motion carried.