Page 2387 - Week 07 - Thursday, 4 August 2016

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(a) an imitation firearm that is an imitation of a pistol is taken to be a pistol; and

(b) an imitation firearm that is an imitation of a prohibited firearm is taken to be a prohibited firearm.

(3) In this Act:

imitation firearm—

(a) means something that, regardless of its colour, weight or composition or the presence or absence of any moveable parts, substantially duplicates in appearance a firearm but is not a firearm; and

(b) includes something that the registrar declares to be an imitation firearm under section 31.

(4) However, imitation firearm does not include—

(a) something that is produced and identified as a children’s toy; or

(b) something prescribed by regulation not to be an imitation firearm; or

(c) something declared not to be an imitation firearm under section 31.

30B  Firearms declarations by registrar

  Section 31 (1) (a)

substitute

(a) declare something to be a firearm or imitation firearm;

30C  Section 31 (1) (c)

substitute

(c) declare that something is not a firearm, imitation firearm or prohibited firearm.

30D  Offence—Unauthorised possession or use of prohibited firearms

  Section 42 (b)

before

firearms

insert

prohibited

30E  Prohibited firearms

  Schedule 1, item 19

substitute

19  a replica of any firearm (including a replica pistol, blank fire pistol, paintball marker, shortened firearm, machine gun or submachine gun) unless it is of a type approved by the registrar

30F Dictionary, new definition of  imitation firearm

insert

imitation firearm—see section 23A.

Schedule 2

Crimes (Serious and Organised Crime) Legislation Amendment Bill 2016

Amendments moved by Mr Rattenbury

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