Laser Pointers and the Law

There are three components to the new laws:

1. A new offence for possession of any kind of laser pointer in a
public place without a reasonable excuse under the Summary Offences Act.
The penalty may be up to 2 years imprisonment or a fine of up to $5,500.

Similar to the scheme that exists for knives, people will be required to
provide a lawful excuse as to why they possess a laser pointer in a public
place. A person who is an amateur astronomer would have a legitimate
excuse for possessing a laser pointer in a public place as would a teacher
or lecturer.

2. Laser pointers will be included as a dangerous implement under the
Law Enforcement (Powers and Responsibilities) Act. Police will therefore
have the power to request a person in a public place to submit to a frisk
search if the police officer suspects on reasonable grounds that the
person has a laser pointer in his or her custody. A police officer also
has the power to confiscate the item.

Unlike other dangerous implements, the frisk search power only applies in
public places; it does not apply to schools. The bolstering of police
powers was necessary because of the difficulties in catching an offender
for this particular crime type.

3. The Weapons Prohibition Regulation 1999 will, as from the date of
commencement, list all 1 milliwat and above battery operated, hand held
laser pointers as prohibited weapons. The lawful possession and use of
these laser pointers will require a specific exemption or approval from
the Commissioner of Police. A maximum of 14 years imprisonment penalty
will apply.

This will ensure that access to higher powered laser pointers is limited
to only those who are exempted from the requirement to own or possess a
laser pointer or who have been approved by the Commissioner by way of a
prohibited weapons permit.

Such approvals are subject to criminal and probity checks and ongoing
responsibilities, including ensuring the safe storage of the item
throughout the duration of the permit. Prior to this system being
introduced an amnesty will be granted to people so that they can either
apply for an exemption or a permit or surrender their laser pointer to
police.

The Exemptions:
Persons exempt from the above requirement for a permit for possession and
use of a laser pointer will include:

 A member of an approved professional or amateur astronomical
organisation. This class of person is exempt from the requirement under
the Act for a permit to possess or use a prohibited weapon referred to in
clause 2(24) of Schedule 1 of the Act, but only for the purpose of
enabling the person to take part in activities associated with astronomy.

The definition of ?approved professional or amateur astronomical
organisation? is still to be determined but will include:
 All astronomical organisations which are listed with the
Australian Astronomical Society or the NSW Astronomical Society;
 Any astronomical organisations linked to a recognised Observatory
such as the Sydney Observatory or Parkes Observatory; and
Any other astronomical organisations approved by the Commissioner
of Police.

The Amnesty:
Any person who already possesses a laser pointer to which the new law
applies, and is not the holder of a permit under the Act, will be exempt
from the requirement to seek a permit for until the end of the amnesty
period, which will be prescribed in the Regulation, or until such a time
as the person obtains a permit, whichever occurs first.

Permits:
Any person wishing to find out further information on laser pointers and
how to apply for a permit may visit the NSW Police website on
www.police.nsw.gov.au
or contact the Firearms Registry?s Customer Service
Line on Ph: 1300 362 562.

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I am writing this letter in response to a number of articles that have appeared over the past few weeks in relation to the banning of laser pointers in Australia/NSW and the recent announcement of proposed legislation to be rushed through the NSW parliament making the average amateur astronomer a criminal by association.

If you have read each article that has appeared in the press and other media and not completely understood what they were talking about, but agree that it sounds a just and noble cause then you are ill informed. I would like to express my concerns regarding what appears to be a lack of knowledge concerning a legitimate application of these pointers. Please read the attached PDF documentation from studies from the United States on this very topic.

There are well over 4,000 amateur astronomers in Australia who use laser pointers in a responsible manner as a part of their astronomical activities.

These uses include both practical and educational applications.

In regards to the practical aspect, laser pointers are often attached to telescopes for the purposes of astronomical alignment (ensuring that the telescope’s orientation on the earth’s surface is accurate in regards to the movement and location of stellar features), locating stellar features and assisting less experienced astronomers find points of interest above the earth.

Educationally, Astronomical Societies often hold Public Viewing nights for the purposes of allowing other members of the community to be able to also see the wonders of the night sky. On these public viewing nights, laser pointers are used as “pointers” to show members of the community where the features they are viewing though a telescope are in the night sky. Community members normally express their appreciation at being able to relate the object seen through a telescope with its location in space.

In my Society, the members take great care to ensure that these pointers are used in a responsible and appropriate manner. We do not allow children to use them and actively control any irresponsible behaviour.

The members of the astronomical community in Australia condemn the reckless activities of community members who use these pointers in any manner likely to cause danger to others. But we do not wish to be labelled as criminals or become a cash cow for regulatory mismanaged NSW Government.

David Hough

NAS Vice-President