What does this mean for Victorian AKC members ?
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AKC members do not need to apply for an exemption for sword ownership.
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AKC members do not need to send in a $160 application fee to Licensing
Services.
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AKC members are covered for sword ownership in Victoria under Section
8B for "collectors to possess swords", and collectors of daggers, provided
they are not a prohibited person*, and comply with the conditions of the
Act, and remain a financial member in good standing.
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AKC members traveling into Victoria with a sword or dagger, or to purchase
a sword or dagger are also covered by this exemption. Ensure security is
appropriate.
Extent of Sword Exemption: The exemption allows members to:
bring swords into Victoria; cause swords to be brought or sent
into Victoria; sell or purchase swords; display or advertise swords for
sale; and possess, use or carry swords for the purpose of studying and
collecting swords with an historical or cultural significance.
When not being used in accordance with the purpose outlined above,
swords must be stored safely and securely; and a member of the Police force
must be permitted to inspect storage arrangements at any reasonable time.
To be stored safely and securely means stored in a manner to ensure
the sword:
(a) is not readily accessible to a person other than the person relying
on the exemption and is not available for possession, carriage or use by
a person who is not an exempt person; and
(b) when being transported between the usual place of storage of the
sword and places where it is legitimately being used (see extent of exemption),
is stored in a manner to ensure that the sword is not readily accessible
to another person, and that the sword is concealed from plain sight during
transportation.
Extent of Dagger Exemption: This exemption, issued 5 May 1998, enables
members to
"manufacture, import, possess, carry, use, purchase and sell
daggers to authorised persons whilst attending shows and exhibitions on
an annual basis in the state of Victoria"
Storage Requirements for Prohibited Weapons:
You should also be aware that prohibited weapons are already
subject to strict storage requirements. As such, it is expected that swords
will also be required to satisfy appropriate storage conditions:
Example: "Weapons should be stored in a locked cupboard, cabinet or
safe of sturdy construction, and if glass fronted, the glass will be a
minimum of 5mm. It the mass weight is less than 150kg it shall be fixed
to either the frame of the floor or wall (where applicable) so as to prevent
easy removal. Wood screws are not acceptable but ramset/dynabolts are sufficient.
The locks fitted to these receptacles shall be of study construction. Padlocks
shall have shanks of hardened steel."
There are other methods of securing swords - but the basis for this
legislation is that you as the holder of the exemption, should be only
person able to access your sword in your home. If unsure, contact the Victorian
Licensing Service and discuss your idea for storage.
Sales of Prohibited Weapons:
All sales need to be recorded - the name, address, telephone
number and date of birth of the purchaser, and the date of sale. The purchaser
must also prove their identity - (and you should keep a record of that
ID) and the basis of the purchasers exemption. You must keep those records.
Retail Selling of Prohibited Weapons:
The exemption issued to the AKC does not cover those who wish to sell
prohibited weapons on a 'retail' -type basis (such as ebay, markets or
store, as examples.) A retail exemption needs to be acquired- contact Licensing
Services for more information.
*Prohibited Persons
A prohibited person is not permitted to obtain an Approval
or Exemption to possess prohibited weapons under the Control of Weapons
Act 1990.
For the purpose of the Control of Weapons Act 1990 a prohibited person
has the same meaning as in the Firearms Act 1996 and includes a person
who has been:
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Imprisoned for a serious offence, assault or drug offence anywhere in Australia
(ban of 5 years if the sentence is under 5 years, ban of 15 years if the
sentence is 5 years or more)
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Subject to an Intervention Order under the Crimes (Family Violence) Act
1987 or its equivalent in other States (where they are sometimes referred
to as AVOs). The ban is 5 years from, the end of the order.
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Placed on a Community Based Order by a court (5 year ban) or found guilty
by a court for an indictable offence or an offence against the Firearm
Act 1996 where it was open to the court to impose a prison sentence (12
month ban).
Further Information:
Should you have further specific inquires in relation to storage
requirements of prohibited weapons, you should contact the Licensing Services
Branch of Victoria Police 92473227 or 1300 651 645.
If you have questions relating to the Act itself, you should
contact the Department of Justice, Melbourne.
[It is not a requirement under the Weapons Act that the AKC provide
a list of its members.]
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