New South Wales Consolidated Acts

FIREARMS ACT 1996 - SECT 4

4 Definitions

(cf 1989 Act s 3, 1990 Reg cl 3)

(1) In this Act--

"acquire" means accept or receive supply of.

"air gun" means a gun that--

(a) can propel, or is designed to propel, a projectile--

(i) by means of any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive, or

(ii) by means of a spring, and

(b) is operated or designed for operation by means of a trigger or similar device.

"ammunition" includes--

(a) any article consisting of a cartridge case fitted with a primer and a projectile, or

(b) any article consisting of a cartridge case fitted with a primer and containing a propelling charge and a projectile, or

(c) blank cartridges, airgun pellets, training cartridges or gas cartridges, or

(d) any other article prescribed by the regulations for the purposes of this definition.

"apprehended violence order" means--

(a) a final apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007 , or

(b) a final order made under Part 15A of the Crimes Act 1900 before its repeal, or

(c) 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.

"approved" means approved by the Commissioner from time to time.

"approved master licensee" means a holder of a master licence under the Security Industry Act 1997 who provides uniformed armed security services and is approved by the Commissioner for the purposes of this definition.

"barrel length" , in relation to a pistol, means--

(a) in the case of a revolver--the distance from the muzzle of the barrel to the breech end immediately in front of the cylinder, or

(b) in any other case--the distance from the muzzle of the barrel to the point of the breech face (including the chamber) with the top slide forward and the breech face or bolt in a closed position,

and in either case includes an alteration of such kind as is approved by the Commissioner and that has been permanently attached to the barrel of the pistol.

"black powder pistol" means a pistol that--

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

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

"blank fire firearm" means a device that is designed for firing blank cartridges only, such as a starting pistol.

"category H (business/employment) licence" means a category H licence that is issued for the purposes of business or employment.

"category H (sport/target shooting) licence" means a category H licence that is issued for the purposes of sport/target shooting.

"close associate" --see section 4B.

"club armourer" means a person--

(a) who is a member of a shooting club approved by the Commissioner in accordance with the regulations, and

(b) who, in the opinion of the Commissioner, is the club armourer for that club.

"Commissioner" means the Commissioner of Police.

"community correction order" has the same meaning as in the Crimes (Sentencing Procedure) Act 1999 .

"conditional release order" has the same meaning as in the Crimes (Sentencing Procedure) Act 1999 .

"exercise" a function includes perform a duty.

"explosive" has the same meaning as in the Explosives Act 2003 .

"firearm" means a gun, or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include a paintball marker within the meaning of the Paintball Act 2018 or anything declared by the regulations not to be a firearm.

"firearm part" means a barrel, breech, pistol slide, frame, receiver, cylinder, trigger mechanism, operating mechanism or magazine designed as, or reasonably capable of forming, part of a firearm.

"firearms dealer" means a person who, in the course of carrying on a business or in carrying out the person's duties as a club armourer--

(a) manufactures, acquires, supplies, tests, repairs or converts firearms or firearm parts, and

(b) possesses firearms or firearm parts for the purpose of doing anything referred to in paragraph (a),

and includes a theatrical armourer.

"firearms prohibition order" means an order in force under section 73.

"function" includes a power, authority or duty.

"genuine reason" means a genuine reason as referred to in the Table to section 12.

"imitation firearm" --see section 4D.

"interim apprehended violence order" means--

(a) an interim apprehended violence order within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 , or

(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.

"licence" means a licence in force under this Act.

"permit" means a permit in force under this Act.

"pistol" means a firearm that--

(a) is reasonably capable of being raised and fired by one hand, and

(b) does not exceed any dimension prescribed by the regulations.

"possession" of a firearm includes any case in which a person knowingly--

(a) has custody of the firearm, or

(b) has the firearm in the custody of another person, or

(c) has the firearm in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.

Note--: See also section 4A.

"post-1946 pistol" means a pistol manufactured after 1 January 1946.

"probationary pistol licence" means a category H (sport/target shooting) licence of the kind referred to in section 16A.

"prohibited firearm" means a firearm described in Schedule 1.

"prohibited pistol" --see section 4C.

"provisional pistol (business/employment) licence" means a category H (business/employment) licence of the kind referred to in section 16C.

"Register" means the Register of Firearms referred to in section 33.

"registered" means registered for the time being under this Act.

"supply" means transfer ownership of, whether by sale, gift, barter, exchange or otherwise, and includes the following--

(a) offer for supply, receive for supply, have in possession for supply or expose or exhibit for supply,

(b) conduct negotiations for supply,

(c) consign or deliver for supply,

(d) cause or allow supply.

"test" a firearm or firearm part includes carry out developmental work or research into the manufacture of a firearm or firearm part.

"theatrical armourer" means a person who carries on a business of providing firearms for the purposes of film, television or theatrical productions.

"use" a firearm means fire the firearm or hold it so as to cause a reasonable belief that it will be fired, whether or not it is capable of being fired.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) For the purposes of this Act--

(a) anything that would be a firearm if it did not have something missing from it, or a defect or obstruction in it, is taken to be a firearm, and

(b) any firearm that would be a prohibited firearm--

(i) if it did not have something missing from it, or a defect or obstruction in it, or

(ii) if it were not for the fact that something has been added to it,

is taken to be a prohibited firearm, and

(c) any collection of the component parts of a thing that if assembled would be a firearm or prohibited firearm (or would be a firearm or prohibited firearm if it did not have something missing from it, a defect or obstruction in it or something added to it) is taken to be a firearm or prohibited firearm (as appropriate).

(3) For the purposes of this Act--

(a) if firearm parts are possessed, or being carried, by 2 or more persons, each of them is taken to be possessing or carrying the firearm, and

(b) a person who takes possession of anything under a hire-purchase agreement is taken to have acquired it and the person who possessed it immediately before parting with possession is taken to have supplied it.

(4) Notes in the text of this Act (including bracketed matter in the headings to certain provisions) do not form part of the Act.