Laws on laser pointers in Australia explained

[R@ndom]

Mhm customs got my 0.5 mw dx laser.

I shall have fun burning(figurativly) that idiot customs dude. :devil:

 

[Lincoln Hart]

This is NSW only.





Laser Pointers - Questions and Answers

The following relates to the changes which are now law. These laws apply to all laser pointers, regardless of their power level.
Q: Am I allowed to own a battery operated, hand held, laser pointer?
A: You are allowed to own such a laser pointer. However recent amendments to the Weapons Prohibition Act 1998 require a permit be issued (or the person be eligible for an exemption) where the laser pointer exceeds one milliwatt. Regardless of the milliwatts, no laser pointer can be carried or used in a public place without a reasonable excuse.
Q: What is a reasonable excuse?
A: A reasonable excuse will be determined on a case by case basis but examples of a person with a reasonable excuse could be an amateur astronomer, a teacher or a lecturer who uses the pointer for astronomy or teaching and has it in his or her possession at the relevant time for that purpose.
Q: What is the penalty?
A: The penalty for possession or use of a laser pointer in a public place without a reasonable excuse may be up to two years imprisonment or a fine of up to $5,500.
Q: Can the police search me if they are looking for a laser pointer?
A: Laser pointers are now classed as dangerous implements under the Law Enforcement (Powers and Responsibilities) Act. This gives police the power to request a person in a public place (but not a school) to submit to a frisk search if the police officer suspects on reasonable grounds that the person has a laser pointer on them.
A police officer also has the power to confiscate the item if the laser pointer is unlawfully in the person's possession.
Q: Are medical lasers, laser-based tools and other such devices covered by these laws?
A: The law relates to battery operated, hand held laser pointers.
'Laser pointer' means what it is commonly understood to mean - a device for pointing out an object.
Laser devices that are used for medical purposes are unlikely to fall within this definition. In any case, a surgeon would be able to point to their occupation as a reasonable excuse for possessing a laser pointer in a public place,
Similarly, if the device is powered by mains electric power, it is not battery operated and so is not covered by these laws.
Similarly, various laser measuring or levelling devices used in the building industry should not be affected as they are not 'pointers'. In addition, they are not held in the hand while being used and so are not 'hand held pointers'.
Q: Are any laser pointers prohibited?
A: Laser pointers with a power output of more than one milliwatt are now prohibited weapons. You must obtain a permit to possess or use a laser pointer that is in this category, unless you use the pointer for activities associated with astronomy and are a member of an approved astronomical association.
Q: How do I get a permit to use a laser pointer whose power is over one milliwatt?
A: You must make application to the NSW Police Firearms Registry (telephone: 1300 362 562), website www.police.nsw.gov.au/firearms. Permits are not granted automatically. You must have a genuine reason for the use of such a laser pointer.
Q: What is a genuine reason?
A: It is not possible to provide an exhaustive list of genuine reasons. Each application for a permit will be assessed on its merits. An example of a genuine reason would be if an applicant could demonstrate that a laser pointer greater than one milliwatt was required for business/employment purposes. Other reasons listed under Section 11 of the Weapons Prohibition Act 1998 include, recreational, sporting, film/television, theatrical and scientific purposes.
Q: Are there any exemptions to the need for a permit?
A: If you are using the pointer for activities associated with astronomy and are a member of an approved astronomical association you are not required to obtain a permit.
Q: What must I do if I currently have a laser pointer with a power level of more than one milliwatt?
A: If you want to keep the laser pointer and you are not a member of an approved astronomical organisation, you must obtain a permit from the Firearms Registry by 1 December 2008.
If you do not obtain a permit, then you should safely dispose of the laser pointer. Unauthorised possession/use of such a laser pointer is a criminal offence.

 

[laserthis]

I've order my laser about 1 month ago and has just been shipped from DX today. Has anyone from SA recently have any problem with custom for importing laser? is sucks that you can't get permit for owning laser in sa, cause it's not the laser that harms people it's the person using it!

Please pray for my laser not to be taken.

I wanna order a purple one, did you ever get yours in the end??

 

[laserthis]

I've order my laser about 1 month ago and has just been shipped from DX today. Has anyone from SA recently have any problem with custom for importing laser? is sucks that you can't get permit for owning laser in sa, cause it's not the laser that harms people it's the person using it!

Please pray for my laser not to be taken.

Did you ever recieve this? I live in SA too and i want to order one!

 

[laserthis]

I've order my laser about 1 month ago and has just been shipped from DX today. Has anyone from SA recently have any problem with custom for importing laser? is sucks that you can't get permit for owning laser in sa, cause it's not the laser that harms people it's the person using it!

Please pray for my laser not to be taken.

Did you ever recieve this? Im in SA too and wanna order one

 

[MikeAusC]

Here is an update for NSW Australia -

Here are quotes from the NSW Police Fact Sheet on Laser Pointers (www.police.nsw.gov.au/firearms)

"It is an offence in NSW to possess any laser pointer in public without a reasonable excuse. The maximum penalty for possession of any kind of laser pointer in a public place without reasonable excuse is 2 years imprisonment or a $5500 fine, or both. "


But as usual when the law is an ***, there is an easy back-door that gives you blanket "reasonable excuse" for a few dollars a year !!!

"Who is exempt from the requirement to obtain a permit? . A member of an astronomical organisation approved by the Commissioner of Police for use of a laser pointer for activities associated with astronomy. "

"How much will the Laser Pointer Permit cost? ​

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The prescribed fee for this permit is $127. "​

NSW also has laws making it illegal to carry a knife at any time without lawful excuse - now the lawmakers are amazed at the number of attacks on people using a broken bottle or glass ! The law didn't reduce the problem - it just changed the weapon used by people determined to attack others.​

 

[DimeRazorback]

Laser pointers are deemed a Dangerous Implement in NSW, I suggest you don't join an organisation for the purpose of carrying a laser pointer in a public place.

Can I ask what the purpose of carrying around a laser is?

 

[wyager]

Laser pointers are deemed a Dangerous Implement in NSW, I suggest you don't join an organisation for the purpose of carrying a laser pointer in a public place.

Can I ask what the purpose of carrying around a laser is?

Can I ask what the purpose of carrying around a 200lm EDC light is?

Exactly.

 

[MikeAusC]

The fact sheet is quite clear about the law - you don't need to state any specific reason for joining the Astronomical Society.

When you're carrying the Laser Pointer, you don't need to state any reason for carrying it, you don't need to have secure storage for it, you don't need to state the normal storage location.

You can buy Lasers over 1mW without any special approval from several shops in Australia.

 

[DimeRazorback]

Can I ask what the purpose of carrying around a 200lm EDC light is?

Exactly.

To illuminate objects. I don't believe a flashlight is capable of blinding a pilot, or interrupting with their flight equipment though.

:shrug:

Are you from Australia?

 

[DimeRazorback]

The fact sheet is quite clear about the law - you don't need to state any specific reason for joining the Astronomical Society.

When you're carrying the Laser Pointer, you don't need to state any reason for carrying it, you don't need to have secure storage for it, you don't need to state the normal storage location.

You can buy Lasers over 1mW with any special approval from several shops in Australia.

You would still be questioned as to why you would need a laser pointer, especially if it is daytime considering that stars are only visible at night...
Just because you are part of the organisation does not mean that the officer cannot make further enquiries regarding your membership, and participation.

Once again, what would your reasonable excuse be?

 

[wyager]

To illuminate objects. I don't believe a flashlight is capable of blinding a pilot, or interrupting with their flight equipment though.

:shrug:

Are you from Australia?

Nope, not from australia. And there's absolutely no reasonable situation in which your EDC would need the power we have. It could certainly blind a pilot, and wait a few years until when flashlights above x number of lumens are banned in australia because of their possibility to be used as weapons. And the australian government is not just banning public use of lasers, but also their import and use in general. It's ridiculous.

 

[DimeRazorback]

Would general population people, or teenagers really buy any of our flashlights?
Most people don't even have a maglite, so I fail to see them spending $200 on a flashlight.
Lasers are 'cool'. They are considered toys by many.

A flashlight will not blind a pilot like a laser will. I don't think flashlights will ever have a beam like as laser... nor the radiation.

The importation of lasers is restricted above 1mw... have a guess why.
Stupid people do stupid things, and they often ruin things for others. That is just how it is, and laws are laws. If people don't wish to comply with the law, they can move at their own free will, obey the law, or suffer the consequences of breaking the law.

If you feel it is ridiculous, then contact the appropriate sector of government and discuss your concerns.

Here are a few reasons the laws are now so strict. One attack was actually on a NSW Police Force Helicopter...

Polair attack.

Adelaide attack.

Brisbane attack.


Also, have you ever actually lived in Australia, or are your opinions purely based on your subjective opinion from your external position?

 

[wyager]

Would general population people, or teenagers really buy any of our flashlights?
Most people don't even have a maglite, so I fail to see them spending $200 on a flashlight.
Lasers are 'cool'. They are considered toys by many.

A flashlight will not blind a pilot like a laser will. I don't think flashlights will ever have a beam like as laser... nor the radiation.

The importation of lasers is restricted above 1mw... have a guess why.
Stupid people do stupid things, and they often ruin things for others. That is just how it is, and laws are laws. If people don't wish to comply with the law, they can move at their own free will, obey the law, or suffer the consequences of breaking the law.

If you feel it is ridiculous, then contact the appropriate sector of government and discuss your concerns.

Here are a few reasons the laws are now so strict. One attack was actually on a NSW Police Force Helicopter...

Polair attack.

Adelaide attack.

Brisbane attack.


Also, have you ever actually lived in Australia, or are your opinions purely based on your subjective opinion from your external position?

Any lasers that can be purchased for a reasonable price are not a real danger to pilots.... I've done the math, you know those new wicked lasers arctics? Those are harmless at any distance someone could get them near a plane. The fact is the whole "lasers crash planes" thing is the media looking for a story that will sell, and the australian media just loves taking a story and making it sound like a horror movie. Just because people do stupid things is not a justification to ban things. Do you know how many people are killed every year by stupid drivers? Do you know how many are killed by idiots with lasers? If you tried to make a ratio, you would run in to the problem of "divide by zero". And contacting the government won't do a thing, especially a nanny government like australia has. And those "attacks" on helicopters are nothing more than overblown stories about teenagers/idiots screwing around with low powered lasers. And I don't see how it's relevant in the slightest whether or not I have lived in australia... In fact, if anything my opinion is less subjective than an australian resident. My opinions are based on an extensive knowledge of lasers and the perspective granted by living in a place where there are at least a few people who refuse to be shafted by the government.

 

[MikeAusC]

You would still be questioned as to why you would need a laser pointer, especially if it is daytime considering that stars are only visible at night...

- it'll be nighttime soon, and I won't be going home first.

Just because you are part of the organisation does not mean that the officer cannot make further enquiries regarding your membership, and participation.

- I will carry my proof of membership. There is absolutely no requirement in the law for any further involvement in club activities.

Once again, what would your reasonable excuse be?

- I don't need to provide more reasonable excuse. A member of an approved astronomical society is recognised as needing a laser pointer EVERY night - otherwise there would be more requirements. I am exempt from needing a permit. I am totally complying with the law.

 

[DimeRazorback]

Any lasers that can be purchased for a reasonable price are not a real danger to pilots.... I've done the math, you know those new wicked lasers arctics? Those are harmless at any distance someone could get them near a plane. The fact is the whole "lasers crash planes" thing is the media looking for a story that will sell, and the australian media just loves taking a story and making it sound like a horror movie. Just because people do stupid things is not a justification to ban things. Do you know how many people are killed every year by stupid drivers? Do you know how many are killed by idiots with lasers? If you tried to make a ratio, you would run in to the problem of "divide by zero". And contacting the government won't do a thing, especially a nanny government like australia has. And those "attacks" on helicopters are nothing more than overblown stories about teenagers/idiots screwing around with low powered lasers. And I don't see how it's relevant in the slightest whether or not I have lived in australia... In fact, if anything my opinion is less subjective than an australian resident. My opinions are based on an extensive knowledge of lasers and the perspective granted by living in a place where there are at least a few people who refuse to be shafted by the government.

If you don't and haven't lived in Australia why should you care about it's laws?
They don't affect you. :shrug:
You are trying to argue with me about something that you quite honestly have very little knowledge about. Yes your knowledge of lasers exceeds mine, but not NSW legislation.

"Do you know how many are killed by idiots with lasers?"
Not many, but that doesn't change the fact that they have been defined by NSW legislation as a Dangerous Implement, therefore it is a prohibited item to have in possession.

The media only gain limited information off the NSW Police, so obviously it was bad enough to warrant a story.
What sort of an idiot would shine a laser in anyone's eyes, let alone a Police Helicopters pilots eyes?
Thousands are killed in motor vehicle accidents, hence why we have strict road laws... laws are placed to protect the community from dangers. Drive like an idiot, face the penalty.
Lasers have been deemed a Dangerous Implement. That is that. If you feel it is wrong and is due to our "nanny government" then good on you.
I don't care for Americas gun laws, but I make no comment about those.
We have a lot less firearm related incidents compared to the U.S, so what does that say?
I don't write the laws, so once again take it to someone else. Right now you are shooting the messenger.

Laws are used to manage society, to make it as safe as possible for people. I am happy to know that there is the power for police to seize Dangerous Implements off people, as there really is no need for one unless a reasonable excuse is given. Why do we really need to walk around with lasers? Yes the definitely come in handy, I am not arguing that but these days people abuse rights, and therefore measures have to be put into place to protect the majority from that minority who have ill intentions.

Also, you state that lasers are not a danger to pilots, completely contradicting your statement that in the near future flashlights will be able to do so...

"Just because people do stupid things is not a justification to ban things."
That is a very interesting quote. Can I ask you, if you had a person shine a laser in your eyes when you were driving, causing you to crash into a telegraph pole and rendering you a quadriplegic, would you be happy that they were allowed to carry around such an implement that caused such permanent damage to another person?
Be objective for a moment, and forget your love for lasers.

I like knives, I like guns, but I abide by the laws that are set in Australia and it's states regarding those items.
If I didn't wish to abide by those laws I would simply move to a gun free country such as the U.S and be content.

Also, your opinions on Australian laws are purely subjective, as you have admitted they are based on your opinions.

You cannot compare American and Australian laws. They are two different countries, and that hopefully means that they are two different places (laws included). I feel safe to know that although people can get access to knives and firearms in Australia, it is a lot more difficult to do so than in the U.S.A. This means that even if a nut job does gain access to a dangerous weapon, he has no right to and is therefore committing a criminal offence. In the U.S there is the right to bare arms is there not? So any crazy can own what ever they like, and not face punishment.
What is safer?

 

[DimeRazorback]

- it'll be nighttime soon, and I won't be going home first.



- I will carry my proof of membership. There is absolutely no requirement in the law for any further involvement in club activities.



- I don't need to provide more reasonable excuse. A member of an approved astronomical society is recognised as needing a laser pointer EVERY night - otherwise there would be more requirements. I am exempt from needing a permit. I am totally complying with the law.

If you joined the club with the honest intention of using a laser for that purpose then that is cool, it just appeared to me that you are attempting to find a loop hole to carry around a Dangerous Implement.

Also, with a membership of an Astronomical organisation, you are only permitted to use the laser for those purposes. This is set out in the Weapons Prohibition Amendment (Laser Pointers) Regulation 2008.

"(2) Despite subclause (1), a person who is (or has been within an
approved period) a member of an approved astronomical
organisation is exempt from the requirement under the Act for a
permit to possess or use a laser pointer, but only for the purpose
of enabling the person to take part in activities associated with
astronomy."

 

[MikeAusC]

The importation of lasers is restricted above 1mw... have a guess why.

Which goes to show how stupid Australian Laws are - here are two places where I can buy high-powered lasers in NSW - and I dont even have to produce the Police Permit needed to own them -
- 40mW Green Laser http://secure.oatleyelectronics.com...d=278&osCsid=2f374f82d82457b77742a1ef195b8567
- 200mW IR Laser http://secure.oatleyelectronics.com...d=579&osCsid=2f374f82d82457b77742a1ef195b8567
- 150mW Red Laser
http://www.jaycar.com.au/productView.asp?ID=JS2939&keywords=laser&form=KEYWORD


It's as stupid as the knife laws - as a citizen I can face a 10-year criminal record for carrying a knife in a public place (though you don't have to look hard to see someone carrying a Leatherman on their belt) - but government places absolutely no restrictions (for adults) on the businesses that make money selling knives (and supporting the political parties).

 

[DimeRazorback]

Which goes to show how stupid Australian Laws are - here are two places where I can buy high-powered lasers in NSW - and I dont even have to produce the Police Permit needed to own them -
- 40mW Green Laser http://secure.oatleyelectronics.com...d=278&osCsid=2f374f82d82457b77742a1ef195b8567
- 200mW IR Laser http://secure.oatleyelectronics.com...d=579&osCsid=2f374f82d82457b77742a1ef195b8567
- 150mW Red Laser
http://www.jaycar.com.au/productView.asp?ID=JS2939&keywords=laser&form=KEYWORD


It's as stupid as the knife laws - as a citizen I can face a 10-year criminal record for carrying a knife in a public place (though you don't have to look hard to see someone carrying a Leatherman on their belt) - but government places absolutely no restrictions (for adults) on the businesses that make money selling knives (and supporting the political parties).

You have not linked laser pointers, they are what is restricted.
Definition in the Weapons Prohibition Act 1998:
"(8) A laser pointer, or any other similar article, that consists of a hand-held battery-operated device with a power output of more than 1 milliwatt, designed or adapted to emit a laser beam and that may be used for the purposes of aiming, targeting or pointing."

I am sorry, I have not been referring to them as "pointers" as I assumed that those were the topic of interest anyway.

Generally people carrying leathermans do have a lawful excuse, as they are required of their lawful occupation. If found otherwise, then they are in contravention of the Weapons Prohibition Act 1998.
Also, I don't believe that all lethermans actually have a knife blade.

 

[MikeAusC]

You have not linked laser pointers, they are what is restricted.

And we all know that 200mw lasershow unit will never be used to dazzle a pilot or blind spectators, so we can rest safe in our wonderful laws.