brett1868 wrote:The line "This clause authorises the use of a firearm on any land on which use of the firearm is not otherwise unlawful and is not limited to use at an approved shooting range" is what prohibits the use of pistols on private property.
Have a look at this section,
https://www.legislation.nsw.gov.au/#/view/act/1996/46/part2/div1
Specifically7A Offence of unauthorised possession or use of firearms generally
(1) A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit.
Maximum penalty: imprisonment for 5 years.
(2) Without limiting the operation of subsection (1), a person who is the holder of a licence is guilty of an offence under this section if the person:
(a) uses a firearm for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the firearm, or
(b) contravenes any condition of the licence.
A list of the purposes that can be established as the genuine reason for possessing or using a firearm are set out in the table in section 12 of the Firearms Act 1996 (NSW). I think everyone is familiar with that list and understands that the purpose/reason we are talking about here is "sport/target shooting".
The table in section 12 does not distinguish between categories of licence. Whether you have a category H (sport/target shooting) or category AB (sport/target shooting) licence, the relevant purpose is the same - sport/target shooting.
Are you arguing that the uses authorised by clause 33 of the regulations would not be considered to be "in connection" with "sport/target shooting" and would therefore be an offence pursuant to section 7(2)(a) or 7A(2)(a)?
This would be a strange conclusion. I think the wording of clauses 33 and 29 of the regulations make it very clear that the drafters intended the authority in clause 33 to apply to licences issued for the genuine reason of sport/target shooting. You appear to be arguing that a court would hold that a use is not "in connection" with a particular purpose even thought the law has specifically authorised that use by holders of licences issued for that exact purpose.
Do you think the authorised uses in clause 33 are applicable to a category AB (hunting/vermin control) licence? How are those uses "in connection" with "hunting/vermin control"?
Do you think the authorised uses in clause 33 are applicable to a category AB (sport/target shooting) licence? How are those uses "in connection" with "sport/target shooting" when you use a rifle but not if you use a handgun?