Laser Policy

IAS Laser Pointer policy

The IAS is an approved organisation exempt from obtaining a laser pointer permit , however the IAS expects all members to use their laser pointers for approved purposes only, such as aligning telescopes for observation, pointing out astronomical objects to others, and being aware of the requirements for safe utilisation of laser pointers.

There is absolutely no excuse whatsoever for the irresponsible use of Laser pointers, such as aiming them at aircraft, cars, people etc. They are fine as educational tools and tools for the pursuit of a hobby such as astronomy, and we as a society condemn without reservation the unacceptable behaviour of individuals who use such instruments irresponsibly.

If you as a member own a laser pointer, you remain responsible for your own behaviour, and are responsible for any consequences resulting from misuse of your laser pointer.

Further, the laser should never be passed around to other individuals unless those individuals are also members of an approved society, and are aware of safe practices.

The NSW Summary Offences Act states:

11FA Custody or use of laser pointer in public place

(1) a person must not without reasonable excuse (proof of which lies on the person):

a. have in his or her custody a laser pointer in a public place, or

b. use a laser pointer in a public place.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

(2) Without limitation, it is a reasonable excuse for the purposes of this section for a person:

a. to have custody of, or use, a laser pointer if the custody or use is reasonably necessary in all the circumstances for the lawful pursuit of the person's occupation, education, training or hobby, or

b. to have custody of a laser pointer if the person has custody during travel to or from or incidental to that occupation, education, training or hobby.

(3) The regulations may provide that this section does not apply to or in relation to any specified class or description of laser pointer.

(4) In this section:

"laser pointer" means a hand-held battery-operated device, designed or adapted to emit a laser beam,that may be used for the purposes of aiming, targeting or pointing.

It is a "reasonable excuse" for a person to use or have custody of a laser pointer for the lawful pursuit of the person's occupation, education, training or hobby.

The NSW Law Enforcement (Powers and Responsibilities) Act states: 26 (1A)

A police officer may request a person who is 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.

Federal Legislation

The Federal Government has banned the importation of laser pointers into Australia. Anyone seeking to import a laser pointer stronger than 1 milliwatt must possess an appropriate exemption, which will work in the same way as for other restricted goods. The import ban allows legitimate users (including astronomers) to apply for an exemption from the ban.

Importers will need to obtain police authorisation and an import permit, so if you buy one over the internet or by mail order you will need the relevant authorisation, which needs to be obtained first from the NSW Police Firearms Registry and then from Australian Customs.

To assist members, Illawarra Astronomical Society has:

Applied for and received registration by the NSW police force as an 'approved astronomical society' -so that members do not have to make individual applications to the police for prohibited weapon permits.

Introduced membership identity cards - to provide enhanced evidence of membership of an 'approved astronomical society'.

Created a voluntary register of members who own laser pointers to assist all parties in the event of a problem. Members may fill out as little or as much detail as they want. It is not a requirement of the new legislation but we firmly believe it is reasonable and responsible for the Society to keep such a register and that it is in your best interests to register your laser pointer details with the Society.

NOTE:

The maximum penalties for individuals contravening any state or commonwealth laser pointer laws are extremely severe.

Registration of the Illawarra Astronomical Society by NSW Police exempts members from the legal requirement to apply for (and pay for) a NSW Prohibited Weapon Permit to own a laser pointer but:

· it does not apply to laser pointer use for any purpose other than astronomical use.

· it does not exempt members from having to provide a "reasonable excuse" for possession of a laser pointer in a public place.

· it does not relieve members from the procedures required to be carried out for importing a laser pointer.

· it does not apply outside NSW.

Subject to all of the above, members have a legal right to use laser pointers in pursuit of their astronomy hobby.

Updated:29/10/2009