Western Australian Consolidated Regulations (1) Subject to
subregulations (2), (2a), (2BA), (2BB) and (2BC), the acquisition, sale,
possession or use of a firearm or ammunition specified in the Table to this
regulation is absolutely prohibited.
(2) This regulation
does not apply to a member of the armed forces of the Crown in the performance
of his duties, or to any other member of a disciplined force approved by the
Commissioner, or to the acquisition or possession of such a firearm or
ammunition by The Western Australian Museum for purposes authorised by the
Museum Act 1969.
(2a) This regulation
does not apply to a firearm of category D if the firearm is licensed under the
Act and what is done is in accordance with the licence.
(2BA) This regulation
does not apply to a firearm, or ammunition for a firearm, if —
(a) the
firearm or ammunition is the subject of —
(i)
a licence or permission to import granted under the
Customs (Prohibited Imports) Regulations 1956 (Commonwealth); and
(ii)
a licence or permission to export granted under the
Customs (Prohibited Exports) Regulations 1958 (Commonwealth);
and
(b) the
firearm is named and identified in a licence issued under
section 16(1)(c) of the Act and what is done is in accordance with the
licence.
(2BB) This regulation
does not apply to the holder of a dealer’s licence who is authorised by
the Commissioner to acquire the firearm for the purpose of selling
it —
(a) to a
person referred to in subregulation (2); or
(b) to
the holder of a licence for the firearm.
(2BC) This regulation
does not apply to frangible ammunition if what is done in relation to the
ammunition —
(a) is
for the purpose of —
(i)
supplying the ammunition for a Commonwealth, State or
Territory government purpose; or
(ii)
exporting the ammunition under a licence or permission to
export granted under the Customs (Prohibited Exports) Regulations 1958
(Commonwealth);
and
(b) is
in accordance with a licence issued under section 16(1)(f) of the Act.
(2b) In this
regulation a reference to ammunition for a firearm that is prohibited does not
include ammunition that is also suitable for a firearm that is not prohibited.
(3) Any firearm or
ammunition the subject of an offence against this regulation shall be
forfeited to the Crown.
Table of prohibited firearms and ammunition
|
a firearm of category D |
|
a machine gun, or ammunition for it |
|
a hand grenade |
|
a mortar gun, or ammunition for it |
|
a bazooka gun, or ammunition for it |
|
a fully automatic firearm |
|
a firearm designed to discharge tear gas, or ammunition for it |
|
a “forward venting” blank firing imitation firearm |
|
ammunition the missile from which includes any high explosive, smoke,
chemical, lachrymatory agent, or flechettes |
|
tracer ammunition |
|
incendiary ammunition |
|
armour piercing (hard steel core) ammunition |
|
imprint free (accelerator) ammunition |
|
frangible ammunition |
|
ammunition the missile from which has a calibre of 20 mm or more |
[Regulation 26 amended in Gazette
11 Feb 1977 p. 428; 22 Jul 1977 p. 2358‑9;
27 May 1983 p. 1612; 20 Dec 1991 p. 6370;
6 Dec 1996 p. 6809‑10; 12 Jan 2007 p. 53;
17 Apr 2009 p. 1324‑5; 6 Nov 2009 p. 4424;
23 Apr 2010 p. 1524‑5.]
[ 26A. Deleted in Gazette 6 Dec 1996
p. 6810.]