The Issue

What is this about?

A consultation draft of the Paintball Regulation 2019 (the Regulation) and Regulatory Impact Statement (RIS) has now been released

The Regulation sets out key provisions to support the operation of the Paintball Act 2018 including training requirements for permit applicants and supervisors, paintball marker sharing arrangements, protective clothing and equipment, register of paintball markers, mutual recognition of applicable interstate permits, fees and specific penalty notice offences.

This consultation also seeks your input on the impacts and time required for industry and government to plan for a transition to the new arrangements and help inform the commencement date of the new paintball scheme.

What’s happened so far?

On 15 August 2018, a new Paintball Act 2018 (the Act) was passed by the NSW Parliament. The Act removes the regulation of paintball markers from the Firearms Act 1996 and establishes a separate system of permits for the regulation of paintball markers, paintball venues and paintball activities.

The Act provides a framework for paintball markers and activities that will ensure the safety and security of players and the community, while reducing red tape for businesses and providing them with enhanced levels of customer service from Government.

Key features of the Act include reclassifying paintball markers as a sporting device, rather than maintaining their current ‘prohibited firearm’ status, delivering a more modern and streamlined permit system and reducing the age limit to play from 16 years to 12 years and over.

What are the changes?

The Paintball Regulation 2019 (the Regulation) is proposed by the Hon Kevin Anderson MP, Minister for Better Regulation and Innovation.

Clear and consistent regulation will reduce compliance burdens for industry and put in place provisions that are consistent with the low risk profile of the paintball industry.

The Regulation will provide the legislative support for the operation of the Act and includes key provisions such as:

• training requirements for permit applicants and supervisors
• paintball marker sharing arrangements
• protective clothing and equipment
• register of paintball markers
• mutual recognition of applicable interstate permits and specific penalty notice offences.

Next steps

• Fair Trading is seeking feedback on the proposed regulation and timing for implementation from 24 May 2019 to 14 June 2019.
• Once the consultation period has closed, feedback will be analysed and all potential options assessed.

The commencement date for the new scheme will be resolved through the consultation process.