Victorian Consolidated Legislation

Firearms Act 1996 - SECT 3

Definitions

3. Definitions



(1) In this Act-

acquire, in relation to any thing, includes buying or coming into possession
of the thing (whether the thing is in Victoria or elsewhere) but does not
include borrowing the thing;

airgun includes air rifle;

antique handgun means a handgun-

   (a)  that was manufactured before 1 January 1900; and

   (b)  that uses percussion as a means of ignition; and

   (c)  that does not take commercially available cartridge ammunition;
        antique handgun collectors licence means a licence issued under
        section 21B;





approved club means a club approved by the Chief Commissioner under section
10(3);

approved firearms collectors club means a person or body approved by the Chief
Commissioner under section 123H;

approved handgun target shooting club means a person or body approved by the
Chief Commissioner under section 123A;





approved handgun target shooting match means a competitive target shooting
match that is approved by the Chief Commissioner that is organised by an
approved handgun target shooting club and that takes place at an approved
shooting range;



approved shooting range means a shooting range approved by the Chief
Commissioner under section 179; armed guard activity means the activity,
performed by a person acting as a security guard, of protecting, watching or
guarding any property while being in possession of a firearm;

* * * * *





black powder handgun means a handgun that-

   (a)  uses black powder to propel a projectile; and

   (b)  is not capable of being loaded with or discharging breech-loaded
        metallic cartridges;

carry in relation to a firearm, includes the carriage of that firearm either
as a whole or in parts and either by one person or more than one person;

cartridge ammunition means ammunition having a bullet or other projectile and
a priming device fixed to or enclosed in a cartridge case which is composed
wholly or partly of material other than paper; cash-in-transit activity means
the activity, performed by a person acting as a security guard, of collecting,
transferring or delivering cash or other valuables; category 1 firearms
collectors licence means a licence issued under section 21;



category 2 firearms collectors licence means a licence issued under section
21A;





category A longarm means any of the following-

   (a)  an airgun;

   (b)  a rimfire rifle (other than a semi-automatic rimfire rifle);

   (c)  a shotgun (other than a pump action or semi-automatic shotgun);

   (d)  any combination of a shotgun and rimfire rifle;



category B longarm means any of the following-

   (a)  a muzzle loading firearm;

   (b)  a centre fire rifle (other than an automatic or a semi-automatic
        centre fire rifle);

   (c)  any combination of a shotgun and centre fire rifle;

   (d)  a black powder, ball firing cannon;

category C longarm means any of the following-

   (a)  a semi-automatic rimfire rifle with a magazine capacity of no more
        than 10 rounds;

   (b)  a semi-automatic shotgun with a magazine capacity of no more than 5
        rounds;

   (c)  a pump action shotgun with a magazine capacity of no more than 5
        rounds;

   (d)  a tranquilliser gun;

category D longarm means any of the following-

   (a)  a semi-automatic rimfire rifle with a magazine capacity of more than
        10 rounds;

   (b)  a semi-automatic shotgun with a magazine capacity of more than 5
        rounds;

   (c)  a pump action shotgun with a magazine capacity of more than 5 rounds;

   (d)  a semi-automatic centre fire rifle;

   (e)  any other firearm prescribed for the purposes of this category;

   (f)  any other firearm that is declared under section 3A(1) to be a
        category D longarm;

   (g)  any other firearm that is declared under section 3B(1)(a) to be a
        category D longarm; category E handgun means any of the following-

   (a)  a machine gun that is a handgun;

   (b)  any handgun prescribed for the purposes of this category;

   (c)  any other firearm that is declared under section 3A(1) to be a
        category E handgun;

category E longarm means any of the following-

   (a)  a machine gun that is a longarm;

   (b)  a tear gas gun or projector;

   (c)  a shotgun or rifle with a length of less than 75 centimetres measured
        parallel to the barrel;

   (d)  a mortar, bazooka, rocket propelled grenade or similar large calibre
        military firearm designed to fire an explosive or projectile or any
        other similar prescribed firearm;

   (da) a cannon which is not a black powder ball firing cannon;

   (e)  any other firearm prescribed for the purposes of this category;

   (f)  any other firearm that is declared under section 3A(1) to be a
        category E longarm;

   (g)  any other firearm that is declared under section 3B(1)(b) to be a
        category E longarm;

Chief Commissioner means the Chief Commissioner of Police appointed under the
Police Regulation Act 1958; close associate, in relation to the holder of a
dealers licence, means a person-

   (a)  who is able to exercise a significant influence over or with respect
        to the conduct of the business conducted under the dealers licence
        because that person-

   (i)  holds an interest in the capital or assets of that business or is
        entitled to receive any income derived from that business (whether the
        entitlement arises at law or in equity or otherwise); or

   (ii) holds any power (whether exercisable by voting or otherwise and
        whether exercisable alone or in association with others) to
        participate in any managerial or executive decision in that business
        or to appoint any person to a position of management in that business
        (whether in the capacity of director, manager or secretary or in any
        other capacity); or

   (b)  who participates in the management of the business conducted under the
        licence (whether in the capacity of director, manager or secretary or
        in any other capacity)- and, in relation to an applicant for a dealers
        licence, means any person who would, if a licence were issued to the
        applicant, be a person to whom paragraph (a) or (b) would apply;

Committee means the Firearms Appeals Committee established under Part 9;

dealers licence means a firearms dealers licence issued under section 60;

Department has the same meaning as in the Public Administration Act 2004;





Department Head has the same meaning as in the Public Administration Act 2004;





Director, Police Integrity means the Director, Police Integrity under
section 7 of the Police Integrity Act 2008;

dispose of, in relation to any thing, includes-

   (a)  selling the thing;

   (b)  offering to sell the thing;

   (c)  having the thing in possession for the purposes of sale, barter or
        exchange- (whether or not the thing is to remain in Victoria) but does
        not include lending the thing; domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  an adult person to whom the person is not married but with whom the
        person is in a relationship as a couple where one or each of them
        provides personal or financial commitment and support of a domestic
        nature for the material benefit of the other, irrespective of their
        genders and whether or not they are living under the same roof, but
        does not include a person who provides domestic support and personal
        care to the person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation);

drug has the same meaning as in the Road Safety Act 1986;

firearm means any device, whether or not assembled or in parts and whether or
not operable or complete or temporarily or permanently inoperable or
incomplete-

   (a)  which is designed or adapted to discharge shot or a bullet or other
        missile by the expansion of gases produced in the device by the
        ignition of strongly combustible materials or by compressed air or
        other gases, whether stored in the device in pressurised containers or
        produced in the device by mechanical means; or

   (b)  which has the appearance of such a device- and which is not-

   (c)  an industrial tool powered by cartridges containing gunpowder or
        compressed air or other gases which is designed and intended for use
        for fixing fasteners or plugs or for similar purposes; or

   (d)  a captive bolt humane killer; or

   (e)  a spear gun designed for underwater use; or

   (f)  a device designed for the discharge of signal flares; or

* * * * *

   (h)  a device commonly known as a kiln gun or ringblaster, designed
        specifically for knocking out or down solid material in kilns,
        furnaces or cement silos; or

   (i)  a device commonly known as a line thrower designed for establishing
        lines between structures or natural features and powered by compressed
        air to other compressed gases and used for rescue purposes, rescue
        training or rescue demonstration; or

   (j)  a device of a prescribed class;

firearms ammunition collectors licence means a firearms ammunition collectors
licence issued under section 28;

firearms collectors licence means a firearms collectors licence issued under
section 21, 21A or 21B;



firearms heirlooms licence means a firearms heirlooms licence issued under
section 25;

* * * * *

general category handgun means a handgun that is not a category E handgun;

general category handgun licence means a handgun licence issued under section
15;





handgun means a firearm that-

   (a)  is reasonably capable of being carried or concealed about the person;
        or

   (b)  is reasonably capable of being raised and fired by one hand; or

   (c)  does not exceed 65 centimetres in length measured parallel to the
        barrel;

handgun licence means a licence issued under section 15 or section 16A;

handgun security guard licence means a handgun licence issued under section
15(1)(a) for the occupation of security guard;

handgun target shoot means a handgun target shoot that complies with section
16(8);

handgun target shooting licence means a handgun licence issued under section
15(1)(b) for target shooting;



* * * * *





inter-State licence means a licence (however described) to possess, carry or
use a firearm issued in a prescribed State or a prescribed Territory which
corresponds with a licence issued under Part 2;

inter-State permit to acquire means a permit (however described) to acquire a
firearm issued in a prescribed State or a prescribed Territory which
corresponds with a permit to acquire; junior handgun target shooting licence
means a junior licence issued for the purposes of receiving instruction in the
use of handguns or engaging in sport or target shooting competitions;

junior licence means a licence issued under section 18; known information in
relation to a close associate, means any records about the close associate
kept by or on behalf of-

   (a)  the Chief Commissioner; or

   (b)  any person holding a position equivalent to that of the Chief
        Commissioner in the Commonwealth or in any other State or Territory of
        the Commonwealth or in any other country;

licensed firearms dealer means a person who is the holder of a dealers
licence;

licensed premises in relation to dealers licence, means the premises specified
in dealers licence;

longarm means any firearm other than a handgun;

longarm licence means a licence issued under section 9;

machine gun means a firearm which can fire more than one projectile with a
single pressure of the trigger or other like appliance; member of staff of the
Office of Police Integrity has the same meaning as it has in the
Police Integrity Act 2008;





member of the police force has the same meaning as member of the force in the
Police Regulation Act 1958; nominated officer means a person nominated under
section 123N;



nominated person means any person nominated in an application for a licence
under Part 2 or Part 3 or any person nominated in the place of that person
during the course of the licence, notice of whose nomination has been given to
the Chief Commissioner;

non-prohibited person means a person who is not a prohibited person;

officer-

   (a)  in relation to a body corporate which is a corporation within the
        meaning of the Corporations Act, has the same meaning as in section 9
        of that Act; and

   (b)  in relation to a body corporate which is not a corporation within the
        meaning of that Act, means any person (by whatever name called) who is
        concerned in or takes part in the management of the body corporate-
        but does not include an employee of the body corporate; paintball
        means a projectile that primarily consists of a dye or similar
        substance designed to mark a person or object;

paintball marker means a firearm that is designed to discharge a paintball;

paintball marker licence means a licence issued under section 9(6);

percussion means a means of ignition in a firearm in which metallic chemical
compounds or fulminates are used to ignite the main powder charge;

permit to acquire means a permit issued under section 103;

pest animal has the same meaning as in the
Catchment and Land Protection Act 1994;



* * * * *



possession in relation to a firearm, includes-

   (a)  actual physical possession of the firearm; or

   (b)  custody or control of the firearm; or

   (c)  having and exercising access to the firearm, either solely or in
        common with others;

prescribed State means a State which has been prescribed for the purposes of
the definition of inter-State permit to acquire;

prescribed Territory means a Territory which has been prescribed for the
purposes of the definition of inter-State permit to acquire;

private security business means a business that is carried on by the holder of
a private security business licence under Part 3 of the
Private Security Act 2004;

prohibited person means-

   (a)  a person who is serving a term of imprisonment for-

   (i)  an indictable offence; or

   (ii) an assault; or

   (iii) an offence under the
        Drugs, Poisons and Controlled Substances Act 1981; or

   (iiia) an offence under the Control of Weapons Act 1990- or, in relation to
        a person-

   (iv) not more than 15 years have expired since the person finished serving
        a term of imprisonment of 5 years or more for such an offence; or

   (v)  not more than 5 years have expired since the person finished serving a
        term of imprisonment of less than 5 years for such an offence; or

   (b)  a person who is serving a term of imprisonment in another State or a
        Territory for an offence of a corresponding nature to an offence
        listed in paragraph (a) or in relation to a person-

   (i)  not more than 15 years have expired since the person finished serving
        a term of imprisonment in another State or a Territory of 5 years or
        more for such an offence; or

   (ii) or not more than 5 years have expired since that person finished
        serving a term of imprisonment in another State or a Territory of less
        than 5 years for such an offence; or

   (ba) a person-

   (i)  who is serving a term of imprisonment for an offence under section 321
        or 321A of the Crimes Act 1958; or

   (ii) in relation to whom, not more than 10 years have expired since the
        person finished serving a term of imprisonment for an offence
        specified in subparagraph (i); or

   (bb) a person-

   (i)  who is serving a term of imprisonment in another State or a Territory
        of the Commonwealth for an offence of a corresponding nature to an
        offence specified in paragraph (ba)(i); or

   (ii) in relation to whom, not more than 10 years have expired since the
        person finished serving a term of imprisonment in another State or a
        Territory of the Commonwealth for an offence specified in paragraph
        (ba)(i); or

   (c)  a person who is subject to-

   (i)  a final order under the Family Violence Protection Act 2008 that does
        not include conditions cancelling or revoking a licence, permit or
        authority under this Act, or an order of a corresponding nature made
        in another State or a Territory; or

   (ia) a final order under the Family Violence Protection Act 2008 that does
        include conditions cancelling or revoking a licence, permit or
        authority under this Act, or an order of a corresponding nature made
        in another State or a Territory; or

   (ib) a final order under the Stalking Intervention Orders Act 2008 that
        does not cancel or suspend a licence, permit or authority under this
        Act, or an order of a corresponding nature made in another State or a
        Territory; or

   (ic) a final order under the Stalking Intervention Orders Act 2008 that
        does cancel or suspend a licence, permit or authority under this Act,
        or an order of a corresponding nature made in another State or a
        Territory; or

   (ii) a community based order which includes a condition referred to in
        section 38(1)(b) of the Sentencing Act 1991; or

   (iii) a supervision order under section 26 of the Crimes (Mental Impairment
        and Unfitness to be Tried) Act 1997- or, in relation to a person, not
        more than 5 years have expired since the person was subject to such an
        order; or

   (d)  a person, in relation to whom, not more than 12 months have expired
        since that person was found guilty by a court, whether in Victoria or
        in another State or a Territory, of-

   (i)  an offence against this Act, in relation to which it was open to the
        court to impose a term of imprisonment; or

   (ii) an offence against any other Act involving the possession or use of
        firearms and in relation to which it was open to the court to impose a
        term of imprisonment; or

   (iii) an indictable offence-
and who is not, by virtue of the operation of any other paragraph of this
definition, a prohibited person; or

   (e)  any person who is of a prescribed class of persons;

* * * * *

protective services officer means a protective services officer under Part VIA
of the Police Regulation Act 1958; provisional general category handgun
licence means a provisional licence issued under section 58A;

public place has the same meaning as it has in section 3 of the
Summary Offences Act 1966;

pump action shotgun means a shotgun which is, or has been at any time,
constructed with an action which includes a moveable forearm or fore-end which
is manually activated by a motion parallel to the barrel by the person using
the gun; registered means registered under Part 5;

registered medical practitioner means a medical practitioner registered under
the Health Professions Registration Act 2005;

registered nurse means a nurse registered under the
Health Professions Registration Act 2005;



registered psychologist means a psychologist registered under the
Health Professions Registration Act 2005;





responsible person means-

   (a)  in the case of a body corporate, any officer of the body corporate or
        the person nominated in an application for a licence by a body
        corporate under Part 2 or 3; or

   (b)  in the case of a Department-

   (i)  the person authorised by the Department Head to make an application
        for a licence under Part 2; or

   (ii) the person nominated in an application for a licence on behalf of a
        Department under Part 2; restricted ammunition, in relation to a
        handgun, means any ammunition for use in the handgun that-

   (a)  is not factory manufactured; or

   (b)  is not recommended by the manufacturer of the handgun as being
        appropriate for that handgun; or

   (c)  is a magnum load or a full metal case projectile;



semi-automatic when used to describe a rifle or shotgun, means a rifle or
shotgun which is constructed or has been, at any time, constructed so that-

   (a)  each bullet or missile is discharged by a separate application of
        pressure to the trigger; and

   (b)  the energy of the discharge is used as part of the reloading cycle of
        the rifle or shotgun (as the case may be);

shooting gallery means any room, gallery, saloon, land or premises used with
the permission of a Council (within the meaning of the
Local Government Act 1989) for the purpose of practising shooting with
airguns, other than paintball guns, whether on payment or otherwise;

silencer means any instrument or thing by means of which the sound caused by
the discharge of a firearm is rendered less audible, whether the instrument or
thing forms part of the firearm or is or can be affixed or attached to the
firearm; single shot antique handgun means an antique handgun that is a black
powder handgun that is capable of firing one shot only before requiring
reloading;

spouse of a person means a person to whom the person is married;



term of imprisonment includes-

   (a)  a term that is suspended wholly or partly; and

   (b)  any term of imprisonment that is served by way of intensive correction
        in the community; and

   (c)  any period during which a person has been released on parole under the
        Corrections Act 1986; and

   (d)  any period of detention in a youth justice centre; vehicle includes
        motor vehicle, aircraft and vessel.



(1A) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case;
        and

   (c)  a person is not a domestic partner of another person only because they
        are co-tenants.

(2) This Act does not apply to any device the appearance of which could not
reasonably be mistaken for that of an operable longarm or handgun and which is
not designed or adapted in the manner described in paragraph (a) of the
definition of firearm and which is not capable of being made to be so.

(3) For the purposes of this Act, in determining whether a particular offence
is a first offence, any other offence in respect of which a conviction was
recorded or a finding of guilt was made 10 years or more before the commission
of the particular offence, is to be disregarded.

(4) This Act does not apply to a firearm that was manufactured before 1900,
if-

   (a)  in the case of any such firearm that is a longarm-

   (i)  it does not take cartridge ammunition; or

   (ii) if it does take cartridge ammunition, the cartridge ammunition that it
        takes is not commercially available; or

   (b)  the firearm-

   (i)  is not a handgun of a type that uses percussion, or methods developed
        during or after the development of percussion, as a means of ignition;
        or

   (ii) is a single shot antique handgun.