Australian Capital Territory Repealed Acts

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This legislation has been repealed.

WEAPONS ACT 1991 - SECT 3

3. The Acts specified in Schedule 1 are repealed.

Interpretation

4. (1) In this Act, unless the contrary intention appears—

“antique weapon” means a firearm manufactured before 1900 for which ammunition is not readily commercially available;
“approved club” means a company, or an association, society, institution or body incorporated under the Associations Incorporation Act 1953 , that is formed or carried on for the purpose of promoting or encouraging, whether directly or indirectly, the sport of shooting, whether or not its activities are carried on in whole or in part in the Territory, which is—

        (a)     affiliated with—

              (i)     The Australian Clay Target Association Inc;

              (ii)     The Field and Game Federation of Australia Incorporated;

              (iii)     The Amateur Pistol Shooting Union of Australia Incorporated;

              (iv)     The Sporting Shooters' Association of Australia Incorporated;

              (v)     The Australian Smallbore and Air Rifle Association Incorporated;

              (vi)     The National Rifle Association of Australia; or

              (vii)     Safari Club International (Australian—South Pacific Chapter) Incorporated; or

        (b)     declared by the Registrar by notice in the Gazette to be an approved club for the purposes of this Act;

“authorised instructor” means a person authorised by an approved club to give instruction in the use of dangerous weapons;
“authorised member” means a member of an approved club authorised in writing by the club to sell ammunition;
“chief police officer” means the police officer who is responsible for the day-to-day administration and control of police services in the Territory;
“corporate dangerous weapons licence” means a corporate dangerous weapons licence granted or renewed under this Act;
“corporate licensee” means the holder of a corporate dangerous weapons licence;
“corresponding order” means an order under a law of a State or another Territory having the same effect or substantially the same effect as—

        (a)     a retraining order or an interim restraining order under the Magistrates Court Act 1930 ; or

        (b)     a protection order or an interim protection order under the Domestic Violence Act 1986 ;

“dangerous weapon” means a weapon from which any shot, bullet or other missile can be discharged or propelled, but does not include—

        (a)     a prohibited weapon;

        (b)     a restricted weapon;

        (c)     an antique weapon;

        (d)     a long bow, recurve bow or compound bow;

        (e)     a device commonly known as a stapling gun; or

        (f)     an explosive-powered tool within the meaning of Part IXA of the Regulations under the Scaffolding and Lifts Act, 1912-1948 of the State of New South Wales in its application in the Territory;

“dangerous weapons licence” means a dangerous weapons licence granted or renewed under this Act;
“dealer”, in relation to dangerous weapons or restricted weapons, means a person who in the ordinary course of business—

        (a)     manufactures, repairs or modifies dangerous weapons or restricted weapons;

        (b)     purchases or sells dangerous weapons or restricted weapons; or

        (c)     has dangerous weapons or restricted weapons in his or her possession for sale, safekeeping, modification or repair;

and includes a person who is a member of an approved club who is a club armourer for that club;

“Dealer's Book” means a Dealer's Book kept under section 40;
“dealer's licence” means a licence granted or renewed under this Act;
“determined fee” means the fee determined by the Minister under section 101 for the purposes of the provision in which the expression occurs;
“endorsed”, in relation to a dangerous weapon or restricted weapon, means endorsed in accordance with section 65;
“foreign dangerous weapons law” means a law of a State or another Territory relating to the possession or use of dangerous weapons, restricted weapons or prohibited weapons;
“gun licence” has the same meaning as it had under the repealed Act;
“licence” means a licence granted under this Act;
“licensed dealer” means a dealer who holds a dealer's licence;
“licensee” means the holder of a licence;
“military type”, in relation to a self-loading centre fire rifle, means a rifle that has been issued or is used by an armed force of the Commonwealth or of a foreign country or which the Registrar is satisfied replicates such a weapon;
“occupier”, in relation to premises, means a person who is, or is reasonably believed to be, in charge of the premises;
“pistol” means any dangerous weapon the overall length of which is less than 70 centimetres, or if the weapon has no stock, the length of the barrel of which is less than 40 centimetres;
“pistol grip weapon” means a weapon, other than a pistol, which is fitted with a pistol grip or a stock designed to fold, swivel telescope or be readily detachable;
“possession”, in relation to a dangerous weapon, restricted weapon or prohibited weapon, includes—

        (a)     the control of the weapon in any place, whether exclusively or in common with another person; or

        (b)     an ability to claim or obtain control of the weapon;

“premises” means the whole or any part of any land, building or other structure, vehicle, vessel, aircraft or place;
“prohibited weapon” means—

        (a)     a pistol grip weapon (other than such a weapon in respect of which a dangerous weapons licence is in force); and

        (b)     a weapon, article or device specified in Schedule 3;

“public place” means any street, road, public park within the meaning of the Pubic Parks Act 1928 , reserve or other place which the public are entitled to use or which is open to, or used by, the public, whether on payment of money or otherwise;
“Register” means the Register of Weapons kept in accordance with section 12;
“registered”, in relation to a dangerous weapon or restricted weapon, means registered in accordance with section 59;
“Registrar” means the Registrar of Weapons appointed under section 6;
“repealed Act” means the Gun Licence Act 1937 as in force immediately before the commencement date;
“restricted weapons licence” means a restricted weapons licence granted or renewed under this Act;
“restricted weapon” means a weapon, article or device specified in Schedule 2;
“self-loading”, in relation to a dangerous weapon, means a dangerous weapon which is capable of discharging, ejecting and loading a cartridge as a result of one pressure of the trigger;
“sell” includes offer or expose for sale, let on hire, barter or exchange;
“shooting gallery” includes a shooting gallery that is, or if dismantled is, portable;
“spare barrel”, in relation to a dangerous weapon, means—

        (a)     a barrel of a calibre different from the calibre of the barrel fitted to that weapon;

        (b)     a tube or sleeve which, when fitted to the weapon, would permit the discharge of a shot, bullet or other missile of a smaller calibre than a calibre for which the weapon was designed; or

        (c)     in the case of a pistol—a barrel of the same calibre as that fitted to the weapon;

“spear gun” means any article or device that is—

        (a)     capable of propelling a spear or similar instrument or thing;

        (b)     operated by a trigger or similar device; and

        (c)     designed or intended for use in water;

“Tribunal” means the Australian Capital Territory Administrative Appeals Tribunal.

(2) A person shall be taken to have possession of a dangerous weapon, restricted weapon or prohibited weapon if—

        (a)     the weapon is on or in any premises occupied by the person; or

        (b)     any part of that weapon is in his or her possession in such circumstances that—

              (i)     a division of parts of the weapon with some other person or persons is for an agreed purpose; and

              (ii)     if those parts were fitted together, they would constitute the weapon.

(3) A reference in this Act to a dangerous weapon shall be read as including a reference to a spare barrel.

(4) A reference in this Act to a dangerous weapon, restricted weapon or prohibited weapon shall be read as including a reference to a weapon that—

        (a)     but for the absence of, or defect in, some part or parts, would constitute such a weapon; or

        (b)     is reasonably capable of being converted into such a weapon.

(5) Where a licence issued in the name or names of one or more of a number of partners is held for the purposes of the partnership, a reference in this Act to the holder of a licence shall be read as including a reference to any one of the partners who is concerned in, or takes part in, the management of the partnership's business, whether or not the partner's name appears on the licence.

Approved reasons

5. (1) For the purposes of this Act, a natural person is to be taken to have an approved reason for requiring a dangerous weapon if the person—

        (a)     is a member of an approved club;

        (b)     is a member of the A.C.T. Antique and Historical Arms Association Incorporated or is a person whom the Registrar is satisfied—

              (i)     is a collector of dangerous weapons as curiosities or ornaments;

              (ii)     keeps in his or her possession, as a memento, a dangerous weapon that is inoperable; or

              (iii)     keeps with a licensed dealer, as a memento, a dangerous weapon that is operable;

        (c)     carries on business in the Territory in the ordinary course of which, at any one time, money in excess of the prescribed amount is received by the person other than during normal banking hours;

        (d)     in the ordinary course of his or her business or employment carries in the Territory, at any one time, a sum of money in excess of the prescribed amount from the place of that business or employment to a bank, building society or credit union for deposit;

        (e)     carries on business in the Territory the payroll for which, at any one time, ordinarily exceeds the prescribed amount;

        (f)     is the owner or occupier of a rural property, or is a relative of that person, and the weapon will be used in connection with farming or grazing activities on the property;

        (g)     is employed by a person referred to in paragraph (f) and is required by the owner or occupier to possess a dangerous weapon for the purposes of that employment;

        (h)     is employed by a corporate licensee and is required by that employer to possess a dangerous weapon for the purposes of that employment;

              (i)     is the owner or occupier of a shooting gallery;

        (j)     is, or is employed by, a licensed dealer and is required by him or her to possess a dangerous weapon for the purposes of that employment;

        (k)     in the case of a self-loading centre fire rifle of a military type—

              (i)     is a member of an approved club; and

              (ii)     participates in competitions in the use of such a weapon held by or in association with that club;

        (m)     in the case of a dangerous weapon, other than a pistol grip weapon or a self-loading centre fire rifle of a military type—

              (i)     is a recreational shooter or hunter in the Territory and has the written consent of a lessee, occupier or other person referred to in paragraph 85 (1) (a); or

              (ii)     is a recreational shooter or hunter in a State or another Territory;

        (n)     in the case of a dangerous weapon that is a pistol grip weapon—

              (i)     is a member of an approved club; and

              (ii)     participates in competitions in the use of such a weapon conducted by or in association with that club;

        (p)     is entitled to immunity under the Diplomatic Privileges and Immunities Act 1967 of the Commonwealth, or to immunity under the Consular Privileges and Immunities Act 1972 of the Commonwealth or under regulations made for the purpose of section 9 of that Act, and has the written approval of the Chief of Protocol of the Commonwealth Department of Foreign Affairs and Trade to possess the weapon; or

        (q)     is a prescribed person or a person included in a prescribed class of persons.

(2) For the purposes of this Act, a body corporate or partnership is to be taken to have an approved reason for requiring a dangerous weapon if the body corporate or partnership—

        (a)     carries on business in the Territory in the ordinary course of which a person or persons employed by it is, or are, required to carry, at any one time, a sum of money which, or goods the value of which, is not less than the prescribed amount;

        (b)     carries on business in the Territory as a security organisation; or

        (c)     is an approved club.

(3) In paragraphs (1) (f), (g) and (i), a reference in subsection (1) to a dangerous weapon shall be taken not to include a reference to a pistol.

(4) Nothing in subsection (1) shall be taken to authorise the use of a pistol in the Territory for recreational shooting or hunting.

(5) In subsection (1)—

“relative” in relation to a person, means—

        (a)     a person related by blood, adoption or marriage to the first-mentioned person; or

        (b)     a person of the same or opposite sex to the first-mentioned person who lives with that person as his or her spouse on a bona fide domestic basis, although not legally married to him or her.

(6) For the purposes of subsections (1) and (2)—

“the prescribed amount” means—

        (a)     $30,000; or

        (b)     if another amount is prescribed—that amount.

(7) In subsection (2)—

“security organisation” means a corporation within the meaning of the Companies Act 1981 of the Commonwealth, or a partnership, which carries on a business of providing—

        (a)     protection for persons; or

        (b)     transport or protection for the money or property of persons other than the corporation or partnership, but does not include a bank.

Registrar of Weapons


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