NSW to ease regulations on paintball activities

Children aged from 12 years are to be allowed to to participate in paintball activities under reforms announced by the NSW government.

NSW Minister for Better Regulation Matt Kean has introduced legislation that will lower the playing age from 16 to 12 year, bringing NSW into line with other states such as Western Australia - where the age limit is also 12 - and South Australia, where it is 10.

The planned changes result from the NSW Department of Finance, Services and Innovation working with the paintball industry and safety representatives to modernise paintball regulations, and streamline permit requirements while maintaining robust public safety controls.

Minister Kean explained that the changes result from "a review of work health and safety data, hospital admissions, NSW Fair Trading complaints and criminal offences showed low levels of incidents."

With the laws governing paintball having last changed in 2006, when the legal age for someone to play was reduced from 18 to 16, the Paintball Bill 2018 will also remove the regulation of paintball markers (paintball guns) from the Firearms Act 1996 and shift it to NSW Fair Trading.

Minister Kean said the reforms would remove an “anomaly” where children aged 12 and over are legally allowed to shoot real guns under parental supervision but not fire capsules of paint at their friends, advising "a new digitised system will make it easier to apply for the required permits – saving paintball enthusiasts and paintball businesses time and money.

“These common sense regulatory changes will ensure appropriate permits, training, storage and restricted use requirements are maintained to ensure the highest levels of consumer protection and community safety.

“Use of paintball markers will still only be allowed at authorised venues; people wishing to purchase and own a paintball marker will still need permits; and paintball markers will still need to be registered by the supplier with the regulator.

“As well, children aged 12 and over will be able to participate with parental permission, removing an anomaly which allowed them to shoot guns under supervision but not play paintball.”

NSW Minister for Police Troy Grant said the current regulatory arrangements are not appropriate for an industry such as paintball, commenting "it does not make sense to regulate paintball in the same way as actual firearms that fire live ammunition.

“Paintball is a recreational activity that is more appropriately regulated by the department which looks after commercial activities and work, health and safety,” he said.

Welcoming the changes, Australian Paintball Industry Association President Michael Whybrew said current NSW legislation was “the laughing stock of the world”, stating that said lowering the age barrier to 12 was a good starting point but “really it should be lower”.

Whybrew said it was “ridiculous” paintball guns were classified under the Firearms Act which also covers machine guns and hand grenades, adding "these are non lethal — they shoot a little gelatine ball.

“All the changes they’re doing are very good and our industry definitely approves of it.”

The proposed legislation will also see a stiffening of penalties for improper operations with a paintball operator without a licence facing up to two years imprisonment and a $110,000 fine.

A Bill regarding the regulatory changes has been introduced into Parliament this week.

Click here for more information on the Australian Paintball Industry Association website.