Federal Register of Legislation - Australian Government

Primary content

Spear Guns Control Act 1971 (NI)

  • Other - C2015Q00237
  • In force - Latest Version
  • View Series
Act No. 11 of 1971
Other document - Other as made
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Regional Development and Cities
Registered 15 Dec 2015

 

NORFOLK                            ISLAND

 

 

 

SPEAR GUNS CONTROL ACT 1971

 

[Consolidated as at 9 September 2013

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]

________

 

TABLE OF PROVISIONS

 

         1.      Short title

         2.      Commencement

         3.      Definitions

         4.      Prohibited areas

         5.      Powers of inspectors

         6.      Spear guns prohibited

         7.      Offences involving spear guns

         8.      Obstruction of inspectors

      8A.      Offence

         9.      Averments as to prohibited areas

       10.      Forfeiture

       11.      Regulations   


 

NORFOLK                            ISLAND

 

 

 

Spear Guns Control Act 1971

_______________________________________________________________________

An Act relating to the control of the use of spear guns.

 

Short title

      1.         This Act may be cited as the Spear Guns Control Act 1971.

Commencement

      2.         This Act shall come into operation on a date to be fixed by the Administrator by notice published in the Gazette.

Definitions

      3.         In this Act, unless the contrary intention appears —

“fishing” means the taking of fish;

“inspector” means a member of the Police Force of Norfolk Island;

“loaded spear gun” means a spear gun that is loaded with a spear;

“prohibited area” means an area declared by a notice in force under the next succeeding section to be a prohibited area;

“public place” includes a place or building that is a public place for the purposes of the Police Offences Act 1933 and a vessel or vehicle that is used by the public;

“spear” means a missile that is designed for being shot from a spear gun or that has been shot from a spear gun;

“spear fishing” means fishing with a spear gun;

“spear gun” means a device designed or used for shooting a missile under water;

“taking”, in relation to fish, includes catching or killing fish and attempting to take, catch or kill fish.

Prohibited areas

      4.         The Minister may, by notice published in the Gazette, declare an area of waters specified in the notice to be, for the purposes of this Act, a prohibited area.

 

 


Powers of inspectors

      5.         An inspector may —

(a)        require a person whom he has reasonable ground to suspect of having committed an offence against this Act or the regulations to state his name and place of abode;

. . . .

(c)        without warrant, arrest a person whom he has reasonable ground to believe has committed an offence against this Act or the regulations;

(d)       examine a spear gun or spear for the purpose of ascertaining whether it is safe;

(e)        seize, take, detain, remove and secure a spear gun or spear that he has reasonable ground to believe is unsafe;

(f)        direct a person not to use a spear gun or spear that he has reasonable ground to believe is unsafe until it has been rendered safe; and

(g)        seize, take, detain, remove and secure a spear gun or spear that he has reasonable ground to believe has been used or otherwise involved in the commission of an offence against this Act or the regulations.

Spear guns prohibited

      6.         A person shall not have in his possession a spear gun —

(a)        that is capable of shooting a spear without the application of pressure to a trigger;

(b)        that is capable of shooting a spear by the application to a trigger of a pressure of less than 3 pounds; or

(c)        that is not fitted with a trigger-guard designed to prevent the accidental application of pressure to the trigger.

Penalty:           2 penalty units.

Offences involving spear guns

      7.         (1)        A person shall not —

(a)        use a spear gun for a purpose other than spear fishing;

(b)        engage in spear fishing in a prohibited area;

(c)        engage in spear fishing within 50 feet of another person engaged in fishing, not being spear fishing;

(d)       engage in spear fishing within 50 yards of another person in or under the water, not being a person who is accompanying him;

(e)        engage in spear fishing in circumstances likely to result in injury to another person or to property;

(f)        shoot a spear from a spear gun otherwise than under water;


(g)        point a loaded spear gun at another person; or

(h)        have a loaded spear gun in his possession in a public place, not being waters in which he is lawfully engaged in spear fishing.

Penalty:           5 penalty units.

                  (2)        A person shall not take into or carry out of the water a loaded spear gun.

Penalty:           4 penalty units.

                  (3)        A person who is under the age of 14 years shall not engage in spear fishing otherwise than under the supervision of another person, being a person over the age of 18 years.

Penalty:             2 penalty units.

Obstruction of inspectors

      8.         (1)        A person shall not —

(a)        refuse or neglect to comply with a requirement made by an inspector under section 5;

(b)        when lawfully required by an inspector to state his name and place of abode - state a false name or place of abode to the inspector;

. . . .

(d)       refuse to allow an inspector to examine a spear gun or spear for the purpose of ascertaining whether it is safe; or

(e)        obstruct an inspector in the exercise of his powers under this Act.

Penalty:           5 penalty units.

                  (2)        A person who has been directed by an inspector under section 5 not to use a spear gun or spear until it has been rendered safe shall not use, or permit another person to use, that spear gun or spear, as the case may be, until it has been rendered safe.

Penalty:           2 penalty units.

Offence

      8A.      A person shall not give false or misleading information to an inspector relevant to the inspector's duties under this Act.

Penalty:           2 penalty units.

Averments as to prohibited areas

      9.         (1)        In proceedings for an offence against this Act or the regulations, the averment of the informant contained in the information that the place where a person engaged in spear fishing was in a prohibited area is evidence of the matter averred.

                  (2)        This section applies to a matter so averred although evidence in support or rebuttal of the matter so averred or of any other matter is given.


                  (3)        Evidence given by a witness in support or rebuttal of a matter so averred shall be considered on its merits and the credibility and probative value of that evidence shall be neither increased nor diminished by reason of this section.

                  (4)        This section does not lessen or affect any onus of proof otherwise falling on the defendant.

Forfeiture

      10.       Where a court convicts a person of an offence against this Act or the regulations, the court may order the forfeiture to the Administration of any spear gun or spear used or otherwise involved in the commission of the offence.

Regulations

      11.       The Administrator may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, prescribing penalties not exceeding a fine of 5 penalty units for offences against the regulations.

 

_______________________________________________________________________

NOTES

The Spear Guns Control Act 1971 as shown in this consolidation comprises Act No. 11 of 1971 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

 

 

 

 

Spear Guns Control Act 1971

11, 1971

30.12.71

 

 

 

 

 

 

 

Spear Guns Control Act 1972

2, 1972

30.12.71

 

 

 

 

 

 

 

Spear Guns Control Act 1974

2, 1974

7.3.74

 

 

 

 

 

 

 

Spear Guns Control Act 1975

1, 1975

15.5.75

 

 

 

 

 

 

 

Ordinances Citation Act 1976

11, 1976

25.11.76

 

 

 

 

 

 

 

Ordinances Revision Act 1979

13, 1979

7.8.79

5

 

 

 

 

 

 

Ordinances Revision (Executive Members) Act 1980

8, 1980

6.11.81

5

 

 

 

 

 

 


 

Ordinances (Age of Majority) Act 1980

34, 1980

15.1.81

 

 

 

 

 

Statute Law Revision (Penalties and Fees) Act 1984

9, 1985

13.5.85

4

[previously consolidated as at 1 December 1987]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

________

 

Table of Amendments

 

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

 

Provisions affected

How affected

 

 

 

 

 

1

am

  2, 1972;   2, 1974;   1, 1975;  11, 1976

3

am

11, 1976

4

am

  8, 1980

5

am

  2, 1972

6

am

  9, 1985

7

am

34, 1980;   9, 1985

8

am

  2, 1974;   Act 9, 1985

8A

ad

  2, 1974

 

rs

  1, 1975

 

am

  9, 1985

10

am

13, 1979

11

am

13, 1979;   9, 1985

 

 

 

_______________________________________________________________________

 

 

© Norfolk Island Government 2013

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.