NSWIn ForceAct
Weapons Prohibition Act 1998
4Definitions
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#### 4 Definitions
4 Definitions
> > (1) In this Act—
> >
> > apprehended violence order means—
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> > > (a) a final apprehended violence order under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080), or
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> > > (b) a final order made under Part 15A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) before its repeal, or
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> > > (c) an order or a decision under an Act or law of a place other than New South Wales, being an order or a decision that is prescribed for the purposes of this definition by the regulations.
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> > approved means approved by the Commissioner from time to time.
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> > authorised employee of an authorised theatrical weapons armourer or authorised weapons dealer means a person who—
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> > > (a) is an employee of the armourer or dealer concerned, and
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> > > (b) is eligible to be issued with a permit, and
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> > > (c) is authorised in writing by the Commissioner.
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> > authorised officer means a person who is authorised by the Commissioner for the purposes of this Act.
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> > authorised theatrical weapons armourer means a theatrical weapons armourer who is the holder of a theatrical weapons armourer permit.
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> > authorised weapons dealer means a weapons dealer who is the holder of a weapons dealer permit.
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> > buy includes—
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> > > (a) purchase by wholesale, retail, auction or tender, and
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> > > (b) hire, and
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> > > (c) take possession under a hire-purchase agreement, and
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> > > (d) cause or permit anything referred to above.
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> > Commissioner means the Commissioner of Police.
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> > community correction order has the same meaning as in the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092).
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> > conditional release order has the same meaning as in the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092).
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> > exercise a function includes perform a duty.
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> > function includes a power, authority or duty.
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> > genuine reason means a genuine reason as referred to in section 11.
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> > holder of a permit means the person to whom it is issued.
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> > interim apprehended violence order means—
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> > > (a) an interim apprehended violence order within the meaning of the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080), or
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> > > (b) an order or decision under an Act or law of a place other than New South Wales, being an order or decision that is prescribed for the purposes of this definition by the regulations.
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> > manufacture a prohibited weapon includes repair or test the weapon in the course of carrying on a business.
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> > military-style weapon means a prohibited weapon of a kind referred to in clause 1A of Schedule 1.
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> > permit means a permit in force under this Act.
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> > possession of a prohibited weapon includes any case in which a person knowingly—
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> > > (a) has custody of the weapon, or
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> > > (b) has the weapon in the custody of another person, or
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> > > (c) has the weapon in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.
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> > prohibited weapon means anything described in Schedule 1.
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> > public museum means an institution that—
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> > > (a) has a written constitution that states the museum’s charter, goals and policies, and
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> > > (b) has a stated acquisition policy, and
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> > > (c) acquires, conserves and exhibits objects of scientific or historical interest for the purposes of study, education and public enjoyment, and
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> > > (d) is sufficiently financed to enable the conduct and development of the museum, and
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> > > (e) has adequate premises to fulfil its basic functions of collection, research, storage, conservation, education and display, and
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> > > (f) is regularly open to the public.
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> > sell includes—
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> > > (a) sell by wholesale, retail, auction or tender, and
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> > > (b) parting with something under a hire-purchase agreement, and
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> > > (c) barter or exchange, and
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> > > (d) supply for profit, and
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> > > (e) offer for sale, receive for sale, have in possession for sale or expose or exhibit for sale, and
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> > > (f) conduct negotiations for sale, and
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> > > (g) consign or deliver for sale, and
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> > > (h) cause or permit anything referred to above.
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> > serious domestic abuse prevention order means a serious domestic abuse prevention order under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080).
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> > theatrical weapons armourer means a person who, in the course of carrying on a business, manufactures, buys or sells prohibited weapons for use in connection with cinematographic, television or theatrical productions.
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> > use a prohibited weapon includes causing a reasonable belief that the weapon will be used.
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> > weapons dealer means a person who, in the course of carrying on a business, manufactures, buys or sells prohibited weapons otherwise than for use in cinematographic, television or theatrical productions.
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> > weapons prohibition order means an order in force under section 33.
>
> > (2) For the purposes of this Act—
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> > > (a) anything that would be a prohibited weapon if it did not have something missing from it, or a defect or obstruction in it, is taken to be a prohibited weapon, and
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> > > (a1) any collection of the component parts of a thing that if assembled would be a prohibited weapon (or would be a prohibited weapon if it did not have something missing from it or a defect or obstruction in it) is taken to be a prohibited weapon, and
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> > > (b) a person in or on (or in or on any part of) any premises, vehicle, vessel or aircraft in which there is a prohibited weapon is to be regarded as having possession of the weapon unless the person proves otherwise, and
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> > > (c) if parts of a prohibited weapon are in the possession of, or are being carried by, 2 or more persons, each of those persons is to be regarded as possessing the weapon.
>
> **s 4:** Am 2007 No 80, Sch 2.19 \[1\] \[2\]; 2008 No 119, Sch 2.5 \[1\] \[2\]; 2010 No 40, Sch 1 \[1\]; 2017 No 26, Sch 3 \[1\]; 2019 No 20, Sch 1.24\[1\]; 2024 No 59, Sch 2.6\[1\].