Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, the Minister may grant authority in writing to an approved
agriculture inspector to possess and carry a silencer and to use it in
conjunction with a .22 calibre rifle during the period specified in that
authority.
(2) The Minister may
at any time revoke an authority.
(3) An agriculture
inspector to whom an authority has been granted —
(a)
shall, when he requires the use of a silencer, obtain one from a member of the
Police Force at the police station nearest to the area in which he proposes to
use the silencer; and
(b)
shall comply with such directions as are from time to time given to him in
connection with silencers by a member of the Police Force acting on the
instructions of the Commissioner; and
(c)
shall not use a silencer otherwise than in conjunction with a .22 calibre
rifle named and identified in the Corporate Licence referred to in
subsection (7) for the purpose of shooting birds that are —
(i)
declared animals under the
Agriculture and Related Resources Protection Act 1976 ; or
(ii)
declared pests under the
Biosecurity and Agriculture Management Act 2007 ;
and
(d)
shall take all reasonable precautions to ensure the safekeeping of a silencer
possessed, carried or used by him; and
(e)
shall, when not using or about to use a silencer, keep the silencer separate
from any firearm in conjunction with which it is capable of being used; and
(f)
shall, when he —
(i)
is directed under this subsection to surrender; or
(ii)
no longer requires the use of,
a silencer obtained by
him under this subsection, surrender that silencer to a member of the Police
Force at the nearest police station.
(4) If an agriculture
inspector to whom an authority has been granted fails to perform any of the
duties imposed on him by subsection (3) or ceases to be permitted by the
Director General to possess, carry or use a .22 calibre rifle under the
Corporate Licence referred to in subsection (7), his authority is
rendered void.
(5) An authority
ceases to be in force on —
(a) the
expiry of the period specified in the authority; or
(b) its
revocation under subsection (2); or
(c) its
being rendered void by virtue of subsection (4); or
(d) this
section ceasing to have effect by virtue of subsection (7),
whichever is the
sooner.
(6) For the purposes
of section 22, neither the approval of an agriculture inspector for the
purposes of subsection (1) nor the giving of a direction under
subsection (3) shall be taken to be the making of a decision by or on
behalf of the Commissioner.
(7) This section has
effect only while the department is the holder of a valid Corporate Licence
entitling the department to possess .22 calibre rifles, together with
ammunition therefor.
(8) In this
section —
agriculture inspector means —
(a) an
inspector appointed under the Biosecurity and Agriculture Management
Act 2007 section 162; or
(b) an
authorised person as defined in the Agriculture and Related Resources
Protection Act 1976 section 7(1);
authority means authority granted under
subsection (1);
Corporate Licence means Corporate Licence referred
to in section 16(1)(c);
department means the department principally
assisting in the administration of the Biosecurity and Agriculture Management
Act 2007 ;
silencer means contrivance commonly known as a
silencer, or contrivance of a similar nature.
[Section 17B inserted by No. 3 of 1983
s. 2; amended by No. 59 of 1996 s. 17; No. 46 of 2010
s. 69.]