Weapons Weapon

Question 1

What act applies?

Answer 1

Weapons prohibition act 1998 (NSW)

Question 2

What is a prohibited weapon?

Answer 2

Section 4(1) weapons prohibition act defjnes a prohibited weapon as Anything described in schedule 1 of the act

Question 3

What are five examples of a prohibited weapon

Answer 3

Handcuff
Imitations with a concealed blade
Extended baton
Studded glove 
Sling shot 
Bomb 
Flick knife

Question 4

What if the weapon is not useable?

Answer 4

Section 4(2) Weapons prohibition act provides that an item is still a prohibited weapon although something is missing, has a defect or an obstruction.

Question 5

What is possession under the act?

Answer 5

S4(1) weapons prohibition act defines possession as including knowingly: having custody or having custody of another or having in any premises etc.

Question 6

What is section 7 Weapons Prohibition Act?

Answer 6

Unauthorised possession or use of a prohibited weapon.

Use includes causing reasonable belief weapon will be used.

Also offence to use for different purpose e.g. protection s11(3)

Question 7

What is section 12 Weapons Prohibition Act?

Answer 7

Permit holder fail to notify the commissioner if genuine reason ceases to exist.

Question 8

What is section 19 Weapons Prohibition Act

Answer 8

Offence of fail to surrender weapon or permit immediately to police on suspension/revocation of licence.

Question 9

What is section 23 Weapons Prohibition Act

Answer 9

Offence of buying or selling a prohibited weapon from or to a person without the seller or buyer being authorised by a permit or knowing the buyer or seller was an authorised weapons dealer.

Question 10

What is the statute of limitations?

Answer 10

Section 44 Weapons Prohibition Act provides that the limitation period is 2 years to commence proceedings for matters which may be dealt with summarily.

Question 11

Are parents liable for offences of their children under the weapons prohibition act

Answer 11

Section 45 Weapons Prohibition Act provides parents are liable if a person under 18 contravenes the act or regulations if parent knowingly authorised or permitted the offence

Question 12

Is certificate evidence available in these cases

Answer 12

Section 48 Weapons act provides certificate is prima facie evidence of whether someone is a permit holder, condition, whether person subject to prohibition order, whether something was approved and last known address.