WEAPONS CONTROL REGULATIONS 2001

NORTHERN TERRITORY OF AUSTRALIA WEAPONS CONTROL REGULATIONS 2001 As in force at 3 May 2024 Table of provisions 1 Citation ............................................................................................ 1 2 Controlled weapons ......................................................................... 1 3 Prohibited weapons ......................................................................... 1 3A Applications under section 13(2A) of Act ......................................... 1 4 Fees ................................................................................................ 2 5 Records of sale................................................................................ 2 6 Safe and secure storage requirements............................................ 3 Schedule 1 Controlled weapons Schedule 2 Prohibited weapons Schedule 2A Requirements for locked receptacle Schedule 3 Fees Schedule 4 Information required to be provided ENDNOTES -- 1 of 16 -- -- 2 of 16 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 3 May 2024 ____________________ WEAPONS CONTROL REGULATIONS 2001 Regulations under the Weapons Control Act 2001 1 Citation These Regulations may be cited as the Weapons Control Regulations 2001. 2 Controlled weapons The articles specified in Schedule 1 are prescribed for the purposes of the definition of controlled weapon in section 3 of the Act. 3 Prohibited weapons The articles specified in Schedule 2 are prescribed for the purposes of the definition of prohibited weapon in section 3 of the Act. 3A Applications under section 13(2A) of Act (1) For section 13(2A) of the Act: (a) the prohibited weapons specified in Schedule 2, items 17 and 18 are prescribed; and (b) the following persons are prescribed: (i) a crowd controller who: (A) is applying for an approval for the purpose of performing the functions of a crowd controller at premises licensed under the Liquor Act 2019 with a takeaway authority under section 47(1)(e) of that Act; and (B) will be performing those functions only in a part of those premises where liquor is only sold for consumption off those premises; (ii) a security firm that is applying for an approval for the purpose of supplying the services of crowd controllers in the circumstances mentioned in subparagraph (i); -- 3 of 16 -- Weapons Control Regulations 2001 2 (iii) a person applying for an approval for the purpose of providing instruction in the use of a prohibited weapon specified in Schedule 2, item 17 or 18; (iv) a person applying for an approval for the purpose of disposing of a prohibited weapon specified in Schedule 2, item 17 or 18. (2) In this regulation: crowd controller, see section 5 of the Private Security Act 1995. security firm, see section 7 of the Private Security Act 1995. 4 Fees The fees specified in column 2 of Schedule 3 are prescribed for the purposes of the provision of the Act specified opposite in column 1 of the Schedule. 5 Records of sale (1) A record of sale for the purposes of section 11 of the Act is to be kept in accordance with this regulation. (2) Each sale of a prohibited weapon or body armour is to be recorded in a bound book of A4 size, containing an original and a duplicate of each page. (3) The record of sale in the bound book is to contain the information specified in Schedule 4. (4) A person who sells a prohibited weapon or body armour must provide the original copy of the record of sale to the Commissioner of Police within 7 days after the sale. Maximum penalty: If the offender is a natural person – 20 penalty units. If the offender is a corporation – 100 penalty units. -- 4 of 16 -- Weapons Control Regulations 2001 3 6 Safe and secure storage requirements (1) For section 16(1)(a) of the Act, a prohibited weapon or body armour is stored safely and securely if: (a) for a prohibited weapon specified in Schedule 2, item 17 or 18 – when the weapon is not being used or carried, it is stored in a locked receptacle that: (i) complies with the requirements specified in Schedule 2A; and (ii) if the receptacle weighs less than 150 kg when empty – is fixed to a wall or floor in a manner that prevents its easy removal; or (b) otherwise – all reasonable precautions are taken to ensure that: (i) it is not stolen or lost; and (ii) it does not come into the possession of a person who is not authorised to possess it. (2) Subregulation (1)(a) does not apply in relation to a prohibited weapon if the person in possession of the weapon satisfies the Commissioner that the person has alternative arrangements for the safe and secure storage of the weapon that are of a standard not less than the requirements under that paragraph. -- 5 of 16 -- Schedule 1 Controlled weapons Weapons Control Regulations 2001 4 Schedule 1 Controlled weapons regulation 2 1. A crossbow, being a type of bow fixed transversely on a stock grooved to direct a dart, bolt or arrow (other than a type of crossbow listed as a prohibited weapon in Schedule 2). 2. A spear-gun. 3. A baton or cudgel, being a short stout stick, made of any material, designed as a weapon, including the weapon commonly known as a "police nightstick". 4. A dagger, being a sharp pointed stabbing instrument (other than an oyster knife or an instrument such as a sword or bayonet) ordinarily capable of being concealed on the person and having: (a) a flat blade with cutting edges (whether serrated or not serrated) along the length of both sides; or (b) a needle-like blade, the cross section of which is elliptical or has 3 or more sides. 5. A bayonet, being a thrusting, striking or cutting weapon designed to be attached to a firearm. 6. A sword, being a thrusting, striking or cutting weapon with a long blade having one or 2 cutting edges and a hilt. 7. A cattle prod. 8. A catapult, shanghai, slingshot or hunting sling (other than a catapult, shanghai, slingshot or hunting sling to which item 15 of Schedule 2 relates). 9. A whip with metal lashes. 10. A cat o'nine tails with knotted lashes. 11. A hand-held battery-operated article, commonly known as a "laser pointer", designed or adapted to emit a laser beam with an accessible emission limit of greater than 1 mW. 12. An article that consists of a baton or stick constructed in such a way that it can be unscrewed or broken so as to form 2 or more parts joined by chain, rope or cord, including the martial arts weapons known as "Baton-chucks" or "Bo-chucks". -- 6 of 16 -- Schedule 1 Controlled weapons Weapons Control Regulations 2001 5 13. A scythe, or sickle-shaped article designed as a weapon, that: (a) has a fixed or folding blade; and (b) may or may not have a chain attached, and includes the martial arts weapon known as "Kama". 14. An article consisting of a chain, rope or cord with a wooden or metal baton, stick or rod attached at each end, including the martial arts weapons known as "Kasari-Fundo", "Kusari-Fundo" and "Manrikigusari". 15. A stick or rod, of any material, designed as a weapon to be applied to the pressure points of the human body, including the martial arts weapon known as "Kubotan". 16. An article that consists of 2 sticks, rods or batons joined by a cord, rope or chain, including the martial arts weapon known as "Nunchaku". 17. A "Sai" or "Jitte", being a short, tapered, metal rod, dull at the point, with flared metal prongs guarding the handle. 18. An article consisting of a curved blade pointed at both ends with a handle attached to the middle, including the martial arts weapon known as "Suan Ywe Gou". 19. An article consisting of a blade or blades with cord, rope or chain attached for the purpose of enabling the blade to be thrown and retrieved, including the martial arts weapon known as "Shoge", "ninja Kyokeysu-Shoge" or "Kyotetsu Shoge". 20. An article consisting of a handle and an edged blade, joined by chain or a combination of chain and metal pieces or steel rods, designed to be used as a whip, including the martial arts weapon commonly known as "Chinese whip", "whip spear", "7 piece iron chain", "9 piece iron chain", "Bian Tzu Chiang" or "Lien Tzu Chiang". 21. The martial arts weapon known as a "Butterfly Sword". 22. The martial arts weapon known as a "Tonfa". -- 7 of 16 -- Schedule 2 Prohibited weapons Weapons Control Regulations 2001 6 Schedule 2 Prohibited weapons regulation 3 1. A "flick knife", being a knife designed or adapted so that the blade is concealed when folded or recessed into the handle and that opens by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife. 2. A "knuckle knife", being an open or exposed blade or similar instrument attached to a handle that is designed or adapted to be held between the knuckles (including the device commonly known as the "Urban Pal Knife"). 3. An article that is designed to include a concealed knife or sword blade, including but not limited to: (a) a belt, or similar article, designed or adapted to hold a knife, dagger or similar instrument so that the presence of the knife, dagger or instrument is concealed or disguised as part of the belt or article when it is worn (for example, an article known as the "Bowen Knife Belt"); (b) a "swordstick", being a cane, stick or similar article designed or adapted to hold the blade of a sword so that it is concealed from view until withdrawn from the cane, stick or article; and (c) a riding crop designed or adapted to hold a blade or spike so that it is concealed from view until withdrawn from the crop. 4. A "butterfly knife", being a knife with a 2 piece handle that folds together to cover both edges of the blade (whether the blade is serrated or not serrated). 5. A "double-end knife", being a knife that has the appearance of 2 overlapping curved blades joined together so as to form an ellipse shape. 6. A knife that is designed or adapted so that the blade is concealed by a plastic, wooden or metal sheath that retracts into the handle of the knife by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife (including the knife commonly known as the "Black Eagle Knife"). 7. A "push knife" or similar device designed as a weapon that consists of a single-edged or multi-edged blade or spike of any material that has a handle fitted transversely to the blade or spike and allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action. -- 8 of 16 -- Schedule 2 Prohibited weapons Weapons Control Regulations 2001 7 8. A "trench knife" or similar device that consists of a single-edged or multi-edged blade or spike (of any material) fitted with a handle made of a hard substance that can be fitted over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or blow. 9. A "throwing blade", being a knife or axe of any material that is designed to be thrown or modified to enable it to be thrown. 10. A "ballistic knife", being a device or instrument designed or adapted to fire or discharge a knife, dagger or similar instrument by mechanical, percussive or explosive means. 11. A "non-metal/ceramic knife", being a knife, blade or spike of which no part is metallic, but not including plastic cutlery. 12. A crossbow that is reasonably capable of being: (a) carried or concealed about the person; and (b) raised and discharged by one hand. 13. A "blow gun", being a blow pipe or similar device or instrument designed to propel an arrow, dart or similar projectile by air expelled from the mouth. 14. A dart designed to be projected from a blow-gun or similar device. 15. A catapult, shanghai, hunting sling or slingshot: (a) designed or adapted to be used with an arm brace that fits or rests on the forearm to support the wrist from the tension of the elastic material used to propel the projectile (whether or not the brace is home-made and including the device commonly known as the "Saunders Falcon Hunting Sling"); or (b) that is manufactured and intended for commercial distribution (including a frame or stock, and a sling, that is marketed or intended for use as a part for a catapult, shanghai, hunting sling or slingshot). 16. A dart projector (for example, an article commonly known as the "Darchery Dartslinger") or any similar device that is manufactured and intended for commercial distribution. 17. An article designed or adapted to discharge oleoresin capsicum spray. 18. An article designed or adapted to emit or discharge an offensive, noxious or irritant liquid, powder, gas or chemical so as to cause disability, incapacity or harm to another person. -- 9 of 16 -- Schedule 2 Prohibited weapons Weapons Control Regulations 2001 8 19. An article designed or adapted to emit an electric current into a human body for the purposes of incapacitation or injury. 20. An acoustic anti-personnel device that is designed to cause permanent or temporary incapacity or disability or to otherwise physically disorientate a person. 21. A "shark dart" or any other similar device that is designed to expel, on or after contact, any gas or other substance capable of causing bodily harm. 22. An "extendable baton", being a baton designed or adapted so that the length of the baton extends by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the baton. 23. A "knuckle-duster", being a device or instrument designed or adapted to be worn across a knuckle or knuckles of the hand, finger, fingers or thumb so as to: (a) increase the force or impact of a punch or blow when striking another person with the hand, finger, fingers or thumb; or (b) protect the knuckle or knuckles from injury when striking another person with the hand, finger, fingers or thumb. 24. A "weighted glove", being a glove (including a fingerless glove), or any other similar article, that: (a) is designed or constructed to be used as a weapon; and (b) has weighted material sewn into it to increase the effect of a punch or blow. 25. A "studded glove", being a glove (including a fingerless glove), or any other similar article, that: (a) is designed or constructed to be used as a weapon; and (b) has a number of raised studs or spikes made of a hard substance and positioned over the back of the glove to increase the effect of a punch or blow. 26. A mace or any other similar article capable of causing injury that consists of a club or staff fitted with a flanged or spiked head, other than a ceremonial mace made for and used solely as a symbol of authority on ceremonial occasions. -- 10 of 16 -- Schedule 2 Prohibited weapons Weapons Control Regulations 2001 9 27. A flail or any other similar article that consists of a staff or handle that has fitted to one end, by any means, a freely swinging striking part that is armed with spikes or studded with any protruding matter. 28. An article designed to be attached to, or worn on the hands or feet, that has claws attached, including the martial arts weapons known as "ninja climbing claws", "ninja hand claws" and "ninja foot claws". 29. A "throwing star", being a sharpened star-shaped article designed for throwing, including the martial arts weapon known as "Surikan", "Suriken" or "Shaken" (including where the throwing star is attached to a belt-buckle). 30. An imitation firearm. 31. A "WASP injection knife" or any similar device that has a blade from which compressed gas can be expelled. -- 11 of 16 -- Schedule 2A Requirements for locked receptacle Weapons Control Regulations 2001 10 Schedule 2A Requirements for locked receptacle regulation 6(1)(a)(i) 1 The sides and door must be constructed of solid steel that has: (a) a minimum thickness of 3 mm; or (b) a minimum thickness of 2 mm if the method of construction used ensures rigidity or additional reinforcing to prevent distortion has been included. 2 All edges must be rolled or folded. 3 The door must be recessed or flush fitted and is to be sized to prevent leverage points. 4 All hinges must be secured so that the door cannot be detached by removing the pins. Example for item 4 Internal or trap-type hinges. 5 There must be at least 2 bolt-down points. 6 There must be at least one locking point. 7 There must be sufficient reinforcing to prevent distortion of the door if a forced entry were to be attempted. 8 If a padlock is used, it must be covered to prevent the lock being cut or broken off. -- 12 of 16 -- Schedule 3 Fees Weapons Control Regulations 2001 11 Schedule 3 Fees regulation 4 Column 1 – Provision of Act Column 2 – Fee Section 10(4)(b) 31 revenue units Section 13(2)(c) 61 revenue units Section 18(4) 20 revenue units Section 24(2)(b) 31 revenue units -- 13 of 16 -- Schedule 4 Information required to be provided Weapons Control Regulations 2001 12 Schedule 4 Information required to be provided regulation 5 section 11 RECORD OF SALE OF WEAPON OR BODY ARMOUR 1. Description of weapon or body armour. 2. Name and address of person selling the weapon or body armour. 3. Name and address of person to whom weapon or body armour was sold. 4. Date on which weapon or body armour was sold. 5. Description of exemption, or approval, under which weapon or body armour was sold. 6. If applicable – serial number of specific purchase authority under which weapon or body armour was purchased. -- 14 of 16 -- ENDNOTES Weapons Control Regulations 2001 13 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Weapons Control Regulations (SL No. 42, 2001) Notified 8 August 2001 Commenced 8 August 2001 Amendments of Weapons Control Regulations (SL No. 54, 2003) Notified 26 November 2003 Commenced 1 December 2003 (r 1) Weapons Control Amendment Regulations 2009 (SL No. 2, 2009) Notified 4 March 2009 Commenced 4 March 2009 Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) Notified 14 December 2009 Commenced 1 January 2010 (r 2) Statute Law Revision Act 2011 (Act No. 30, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5) Firearms and Weapons Control Legislation Amendment Act 2016 (Act No. 27, 2016) Assent date 13 July 2016 Commenced 12 October 2016 (Gaz G41, 12 October 2016, p 2) Weapons Control Amendment Regulations 2017 (SL No. 15, 2017) Notified 29 June 2017 Commenced 1 July 2017 (r 2) -- 15 of 16 -- ENDNOTES Weapons Control Regulations 2001 14 Firearms and Weapons Control Legislation Amendment Act 2023 (Act No. 32, 2023) Assent date 6 December 2023 Commenced pt 3: 3 May 2024 (Gaz S35, 2 May 2024) (Gaz S35 published 2 May 2024, revokes the commencement notice dated 8 April 2024 and published in Gaz G9, 26 April 2024); rem: 7 December 2023 (s 2(1)) Firearms and Weapons Control Amendment Regulations 2024 (SL No. 4, 2024) Date made 27 March 2024 Commenced pt 3: 3 May 2024 (r 2(2), s 2 Firearms and Weapons Control Legislation Amendment Act 2023 (Act No. 32, 2024) and Gaz S35, 2 May 2024) (Gaz S35 published 2 May 2024, revokes the commencement notice dated 8 April 2024 and published in Gaz G9, 26 April 2024); rem: 28 March 2024 (r 2(1)) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: r 1. 4 LIST OF AMENDMENTS r 3A ins Act No. 32, 2023, s 52 amd No. 4, 2024, r 6 r 5 amd Act No. 30, 2011, s 3 r 6 sub Act No. 32, 2023, s 53 sch 1 amd No. 54, 2003, r 2 sch 2 amd No. 54, 2003, r 3; No. 2, 2009, r 3 sch 2A ins Act No. 32, 2023, s 54 sch 3 amd No. 34, 2009, r 17; Act No. 27, 2016, s 13; No. 15, 2017, r 4 sch 4 amd Act No. 32, 2023, s 55 -- 16 of 16 --