| The association is currently applying for exemption under the Control of Weapons Act1990, in relation to the possession and use of swords for Tai Chi exercise and cultural performance purposes.
The conditions for exemption stipulate that:
• A Prohibited person, as defined in the Firearms Act 1996, is not eligible to be included in any exemption that allows the use of prohibited weapons. For definition of prohibited person, see below.
• Prohibited weapons are to be stored in such a manner that (i) they are not readily accessible to a person other than the exemption holder, and (ii) they are not available for possession, carriage or use by a person who is not himself/herself a holder of an approval issued by the Chief Commissioner of Police or who does not fall within another class of exempt persons
• Prohibited weapons, when being transported between the usual place of storage of the weapons and places at which the weapons are legitimately used, for approved purposes, will be stored in a manner calculated to ensure that the weapons are not readily accessible to a person other than the exemption holder and that the weapons are concealed from plain sight during any such transportation
"Prohibited person" means -
(a) a person who is serving a term of imprisonment for-
(i) an indictable offence; or
(ii) an assault; or
(iii) an offence under the Drugs, Poisons and Controlled Substances Act 1981- or,
(iv) not more than 15 years have expired since the person finished serving a term of imprisonment of 5 years or more for such an offence; or
(v) not more than 5 years have expired since the person finished serving a term of imprisonment of less than 5 years for such an offence; or
(b) a person who is serving a term of imprisonment in another State or a Territory for an offence of a corresponding nature to an offence listed in paragraph (a) or in relation to a person -
(i) not more than 15 years have expired since the person finished serving a term of imprisonment in another State or a Territory of 5 years or more for such an offence; or
(ii) or not more than 5 years have expired since that person finished serving a term of imprisonment in another State or a Territory of less than 5 years for such an offence; or
(ba) a person-
(i) who is serving a term of imprisonment for an offence under section 321 or 321A of the Crimes Act 1958; or
(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment for an offence specified in sub-paragraph (i); or
(bb) a person-
(i) who is serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence of a corresponding nature to an offence specified in paragraph (ba)(i); or
(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence specified in paragraph (ba)(i); or
(c) a person who is subject to-
(i) an intervention order under section 4 of the Crimes (Family Violence) Act 1987 or an order of a corresponding nature made in another State or a Territory; or
(ii) a community based order which includes a condition referred to in section 38(1)(b) of the Sentencing Act 1991; or
(iii) a supervision order under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997- or, in relation to a person, not more than 5 years have expired since the person was subject to such an order; or
(d) a person, in relation to whom, not more than 12 months have expired since that person was found guilty by a court, whether in Victoria or in another State or a Territory, of-
(i) an offence against this Act, in relation to which it was open to the court to impose a term of imprisonment; or
(ii) an offence against any other Act involving the possession or use of firearms and in relation to which it was open to the court to impose a term of imprisonment; or
(iii) an indictable offence - and who is not, by virtue of the operation of any other paragraph of this definition, a prohibited person; or
(e) any person who is of a prescribed class of persons;
Should our application be successful, exemption will only be accorded to members (those who have completed the IYSTA’s long form Tai Chi and gain a certificate of achievement) who are deemed by the Master-in-charge to be appropriate to practise swords. This approval will be counter-signed by the President. The exemption will be valid for one calendar year, and will need to be renewed annually. The exemption will be withdrawn from any member should any of the conditions applicable to the exemption be no longer met.
We will keep members updated on this matter.
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