3 Interpretation
(1) In this Act:
affected person:
(a) for Part 8A – see section 49L(2); or
(b) otherwise – see section 50(2).
air pistol means a pistol that propels, or is capable of propelling, a
projectile by means of compressed gas or air.
ammunition means:
(a) an article consisting of a cartridge case fitted with a primer and
a projectile other than an inert round; or
(b) an article consisting of a cartridge case fitted with a primer and
containing a propelling charge and a projectile; or
(c) a blank cartridge, air gun pellet, training cartridge or gas
cartridge; or
(d) a paintball pellet; or
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(e) an article prescribed by regulation.
ammunition retail permit means a permit authorising the holder,
and employees of the holder, to possess, purchase and sell only
ammunition of a category specified in the permit, as mentioned in
section 31(1)(fe).
approved means approved by the Commissioner.
approved paintball operator means the holder of a paintball
operator licence or permit.
approved paintball range means the premises specified in a
paintball operator licence or permit.
category H sports shooter means a person who:
(a) is the holder of a licence to possess and use prescribed
category H firearms; and
(b) is a member of an approved firearms club; and
(c) participates in category H sports shooting.
category H sports shooting means participation in prescribed
category H shooting disciplines at an approved firearms club.
certificate of registration means a certificate of registration issued
under section 36.
Commissioner means the Commissioner of Police.
corresponding, in relation to a licence, permit or certificate of
registration, means a licence or permit in force under a law of a
State or another Territory that, in the opinion of the Commissioner,
corresponds to a licence, permit or certificate of registration under
this Act.
Council means the Firearms Advisory Council established by
section 55.
criminal intelligence, see section 6 of the Serious Crime Control
Act 2009.
determined fee means a fee determined under section 6.
disqualifying offence means:
(a) an offence prescribed by the Regulations to be a disqualifying
offence; or
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(b) an offence against a law, or a repealed law, of the Territory or
another jurisdiction (including a jurisdiction outside Australia)
that substantially corresponds to an offence mentioned in
domestic violence order, see section 4 of the Domestic and
Family Violence Act 2007.
final domestic violence order means:
(a) a domestic violence order other than an interim domestic
violence order; or
(b) a registered external order.
firearm means a device or part of a device (whether or not
assembled, operable or temporarily or permanently inoperable) that
is designed or adapted to discharge shot, a bullet or other
projectile:
(a) by expanding gases produced in the device; or
(b) by igniting combustible material; or
(c) by compressed air or other compressed gases (whether
stored in the device or attached to the device in pressurised
containers).
firearm part means a part mentioned in subsection (1A).
firearm prohibition order, for Part 8A, see section 49B.
firearm related item, for Part 8A, see section 49C.
firearms club means a shooting union, association, club or other
group of persons, however described, who associate for purposes
connected with the use of firearms.
holder, in relation to a licence, permit or certificate of registration,
means the person to whom it is granted.
interim court DVO, see section 64 of the Domestic and Family
Violence Act 2007.
interim domestic violence order means:
(a) a domestic violence order made under Part 2.4 of the
Domestic and Family Violence Act 2007 that has not yet been
confirmed under that Part; or
(b) an interim court DVO; or
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(c) a domestic violence order of another jurisdiction that is of an
interim or provisional nature.
interim personal violence restraining order, see section 3 of the
Personal Violence Restraining Orders Act 2016.
international competitor means a person who resides outside
Australia and who is visiting Australia for the purpose of competing
in an approved shooting competition.
land includes land covered by water and the water covering the
land.
licence means a licence granted under Part 3.
machine-gun means:
(a) a firearm (including a pistol) that discharges or is capable of
discharging more than one cartridge on a single release of a
trigger mechanism; and
(b) a firearm mentioned in paragraph (a) from which, for the time
being, a cartridge cannot be discharged because of the
absence or defect of a part or an obstruction in the firearm, but
from which, if the part were replaced, renewed or repaired or
the obstruction removed, a cartridge could be discharged.
offence of violence means:
(a) an offence prescribed by the Regulations to be an offence of
violence; or
(b) an offence against a law, or a repealed law, of the Territory or
another jurisdiction (including a jurisdiction outside Australia)
that substantially corresponds to an offence mentioned in
paintball means a game in which players attempt to shoot at one
another with prescribed paintball firearms using prescribed paintball
pellets.
paintball employee means the holder of a paintball employee
paintball employee licence means a licence in force under Part 3,
Division 14, Subdivision 2, for employment by an approved paintball
operator.
paintball firearm means a firearm designed to discharge paintball
pellets.
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paintball operator means a person carrying on the business of
providing a paintball range, paintball firearms and pellets and other
things for playing paintball.
paintball operator licence means a licence in force under Part 3,
Division 14, Subdivision 1, for the business of paintball operator at
a paintball range.
paintball operator permit means a permit in force under Part 4 for
the business of paintball operator at a temporary paintball range.
paintball pellets means pellets that:
(a) consist primarily of a dye, paint or similar marking substance;
and
(b) are designed to be discharged from a firearm.
paintball player declaration, see section 60K(1)(a).
paintball range means premises for playing paintball.
permit means a permit granted under Part 4.
personal violence restraining order means:
(a) a personal violence restraining order made under the Personal
Violence Restraining Orders Act 2016; or
(b) a similar order made in a State or another Territory.
pistol means a firearm that is:
(a) capable of being used in, or adapted to be aimed and
discharged using, one hand only; and
(b) capable of being concealed on or about the person.
possess or use, in relation to a firearm or ammunition, includes to
carry, have under control, test discharge and store the firearm or
ammunition.
premises includes buildings and land.
prohibited firearm means a firearm or item specified in
Schedule 1.
prohibited person, for Part 11, Division 2B, see section 60B.
prohibited premises, for Part 8A, see section 49D.
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purchase means to do or cause or allow to be done any of the
following, whether or not for valuable consideration:
(a) purchase by wholesale, retail, auction or tender;
(b) obtain by barter or exchange;
(c) receive by transfer, exchange, assignment or settlement.
register means the register required to be kept under section 7.
registered means registered under this Act.
registered external order means an external order, as defined in
section 4 of the Domestic and Family Violence Act 2007, that is
registered under Part 3.2 of that Act.
representative for:
(a) a firearms dealer licence, firearms corporate licence, firearms
museum licence or firearms club licence – means the person
nominated under section 9(3A)(a), (4)(a), (5)(a) or (6)(a); or
(ab) an ammunition retail permit – means the person nominated
under section 32(4); or
(b) a paintball operator licence or permit – see section 9(9)(b)(i)
or 32(3)(b)(i);
and includes the person for whom a notice is given under
section 91A.
reviewable decision:
(a) for Part 8A – see section 49L(1); or
(b) otherwise – see section 50(1).
sale means to do or cause or allow to be done any of the following,
whether for profit, valuable consideration or otherwise:
(a) sell by wholesale, retail, auction or tender;
(b) dispose of by barter, transfer, exchange, assignment or
settlement;
(c) offer for sale, receive for sale, have in possession for sale or
expose or exhibit for sale;
(d) conduct negotiations for sale.
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shooting member, of an approved firearms club, means a full
member of the firearms club who has completed any period of
probation as a member and does not include a person who is a
social or associate member (however called) of the club.
shooting range means an area of land established or reserved
primarily for the purpose of discharging firearms.
silencer means:
(a) a device capable of being used to suppress the noise of the
discharge of a firearm; and
(b) a device mentioned in paragraph (a) that, for the time being,
does not suppress the noise of the discharge of a firearm
because of the absence or defect of a part of the device but
would, if the part were replaced, renewed or repaired,
suppress the noise of the discharge of a firearm.
specially accredited discipline means a category H sports
shooting discipline that is prescribed as a discipline for which a
category H firearm with a calibre greater than .38" but not greater
than .45" may be used.
starting pistol means a device that is used or designed to control
the start of an event at a sporting fixture that is not capable of
discharging shot, a bullet or other missile.
student of arms, see section 35C(2).
working day means a day that is not a Saturday, Sunday or public
holiday.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
(1A) For the definition of firearm in subsection (1), a part of a device
means:
(a) a rifle or shotgun action; or
(b) a pistol or revolver frame.
(2) A reference in this Act to:
(a) a category A firearm is to a firearm of a type specified in
Schedule 2; and
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(b) a category B firearm is to a firearm of a type specified in
Schedule 3; and
(c) a category C firearm is to a firearm of a type specified in
Schedule 4; and
(d) a category D firearm is to a firearm of a type specified in
Schedule 5; and
(e) a category H firearm is to a firearm of a type specified in
Schedule 6.
(3) For this Act, a person deals in firearms if the person buys, sells,
exchanges or hires out firearms in the course of his or her
business.
(3A) For this Act, a person is a close associate of an applicant for, or the
holder of, a firearms dealer licence or paintball operator licence or
permit if the person:
(a) holds or will hold any relevant financial interest, or is or will be
entitled to exercise any relevant power (whether in his or her
own right, on behalf of any other person or for the benefit of
any other person), in the business of the applicant or holder
and, by virtue of that interest or power, is or will be able to
exercise a significant influence over, or with respect to, the
conduct or control of that business; or
(b) holds or will hold any relevant position (whether in his or her
own right, on behalf of any other person or for the benefit of
any other person) in the business of the applicant or holder.
(3B) In subsection (3A):
relevant financial interest, in a business, means:
(a) any interest in or entitlement to the capital or assets of the
business, including any interest or entitlement where the
business is carried on under a trust; or
(b) any entitlement to receive any income derived from the
business, whether the entitlement arises at law or in equity or
otherwise.
relevant position, in a business, means a position whose holder
participates in or is entitled to participate in the management of the
business (whether in the capacity of a director, manager, secretary,
partner or in any other capacity).
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relevant power, in a business, means any power, whether
exercisable by voting or otherwise and whether exercisable alone
or in association with others:
(a) to participate in any managerial or executive decision about
the business; or
(b) to elect or appoint any person to any relevant position in the
business.
(4) For this Act, a firearm is sold when the possession of the firearm
passes from the person who sells the firearm (or if the firearm is
sold by the holder of a firearms dealer licence, from an employee of
the holder) to another person.