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WEAPONS ACT 1990 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"accredited event" means a handgun shooting competition prescribed under a
regulation to be an accredited event.
"acquire" , a weapon, see section 35 .
"ammunition" see the Explosives Act 1999 , schedule 2 .
"amnesty period" , for part 8 , division 2 , see section 174 .
"anniversary day" , for a licence, means the date in each year that is the
anniversary of the issue of the licence.
"antique firearm" means a thing, mentioned in paragraph (a) , (b) (i) , (c) or
(d) of the definition
"firearm" and manufactured before 1 January 1901, that is one of the
following—
(a) a muzzle loading firearm;
(b) a cap and ball firearm;
(c) a
firearm in relation to which an authorised officer decides under section 154
that ammunition is not commercially available.
"antique handgun" means an antique firearm, other than a pre–percussion
handgun, that is less than 75cm in length.
"approved club" ...
"approved form" see section 171 .
"approved historical society" means a body, whether incorporated or
unincorporated, of a kind prescribed under a regulation that is granted
approval by an authorised officer under a regulation as an approved historical
society.
"approved officer" ...
"approved pistol club" means an approved shooting club that has, as a purpose
endorsed on the shooting club’s shooting club permit, the conduct of sports
or target shooting using category H weapons.
"approved range" means— (a) a place approved under part 4 , division 5 ; or
(b) a place approved under a Commonwealth Act for use in the sport of target
shooting.
"approved safety training course (general)" means a course approved under
section 10AA (1) .
"approved safety training course (security guard)" means a course approved
under section 10AA (2) .
"approved shooting club" means a shooting club that holds a shooting club
permit.
"approved training course" means— (a) an approved safety training course
(general); or
(b) an approved safety training course (security guard).
"armourer" means a person who stores, manufactures, modifies or repairs
weapons in the course of the person’s business.
"associate" , of a licensed dealer or an applicant for a dealer’s licence,
means a person, other than a financial institution, who— (a) holds or will
hold a relevant financial interest in the business or proposed business of the
licensed dealer or applicant; or
(b) is or may be entitled to exercise a
relevant power, whether in the person’s own right or for someone else, in
the business or proposed business of the licensed dealer or applicant; or
(c)
holds or will hold a relevant position, whether in the person’s own right or
for someone else, in the business or proposed business of the licensed dealer
or applicant.
"authorised officer" see section 153 .
"black-powder pistol" has the meaning prescribed under a regulation.
"blank-fire firearm" means a firearm, or a replica of a firearm, that is
incapable of discharging a projectile.
"business" means the business carried on under the authority of a licence.
"category" , of weapon, means a category prescribed under the
Weapons Categories Regulation 1997 .
"category A" weapon see the Weapons Categories Regulation 1997 , section 2 .
"category B" weapon see the Weapons Categories Regulation 1997 , section 3 .
"category C" weapon see the Weapons Categories Regulation 1997 , section 4 .
"category D" weapon see the Weapons Categories Regulation 1997 , section 5 .
"category E" weapon see the Weapons Categories Regulation 1997 , section 6 .
"category H" weapon see the Weapons Categories Regulation 1997 , section 7 .
"category M" weapon see the Weapons Categories Regulation 1997 , section 7A .
"category M crossbow" means a crossbow that is a category M weapon under the
Weapons Categories Regulation 1997 , section 7A (n) .
"category R" weapon see the Weapons Categories Regulation 1997 , section 8 .
"class" , in relation to a category H weapon, means a class prescribed under a
regulation for the weapon.
"club organised shoot" means— (a) a practice shoot organised by an approved
pistol club; or
(b) a handgun shooting competition.
"collection register" see section 81 .
"collector" means a person who collects or holds out as being ready to
collect, whether on behalf of the collector or another person, a weapon or
weapons.
"commissioned officer" see the Police Service Administration Act 1990 ,
schedule 2 . Editor’s note— Police Service Administration Act 1990 ,
schedule 2 —
"commissioned officer" means a person who holds a position in the police
service as a commissioned officer.
"commissioner" means the commissioner of the police service under the
Police Service Administration Act 1990 .
"corrective services facility" see the Corrective Services Act 2006 , schedule
4 .
"court" means the Magistrates Court.
"criminal history" , of a person, means the convictions, other than spent
convictions, recorded against the person for offences, in Queensland or
elsewhere, whether before or after the commencement of this Act.
"criminal intelligence" , in relation to a person, means any information about
the person’s connection with or involvement in criminal activity.
"criminal organisation" ...
"dealer" means a person, other than an armourer or theatrical ordnance
supplier, who— (a) carries on the business, whether or not for reward or
benefit, of acquiring, selling or otherwise disposing of weapons in any way;
or
(b) for trade or business, displays a weapon for sale or possesses a
weapon for sale.
"deputy commissioner" means deputy commissioner of the police service under
the Police Service Administration Act 1990 .
"detachable magazine" , in relation to a weapon, means a receptacle for
holding ammunition, that can be detached from the weapon, from which
ammunition is loaded into the chamber of the weapon.
"domestic violence order" means a domestic violence order under the
Domestic and Family Violence Protection Act 2012 , and includes an interstate
domestic violence order.
"executive officer" see the Police Service Administration Act 1990 , schedule
2 . Editor’s note— Police Service Administration Act 1990 , schedule 2
—
"executive officer" means a person who holds a position in the police service
as an executive officer.
"explosive" see the Explosives Act 1999 , schedule 2 .
"firearm" means— (a) a gun or other thing ordinarily described as a firearm;
or
(b) a thing ordinarily described as a weapon that, if used in the way for
which it was designed or adapted, is capable of being aimed at a target and
causing death or injury by discharging— (i) a projectile; or
(ii) noxious,
corrosive or irritant liquid, powder, gas, chemical or other substance; or
(c) a thing that would be a firearm mentioned in paragraph (a) or (b) , if it
were not temporarily inoperable or incomplete; or
(d) a major component part
of a firearm;
but does not include— (e) an antique firearm, explosive tool,
captive bolt humane killer, spear gun, longbow or crossbow; or
(f) a replica
of a spear gun, longbow or crossbow; or
(g) a slingshot, shanghai or sword;
or
(h) a public monument.
Example— A replica of a gun capable of causing
death or injury by discharging a projectile is a firearm. However, a replica
of a gun not capable of causing death or injury by discharging a projectile is
not a firearm.
"firearms register" see section 49 .
"genuine reason" , for possession of a weapon, see section 11 .
"handgun shooting competition" means a shooting competition that includes
using a category H weapon at a place where the weapon may lawfully be used.
Note— Particular handgun shooting competitions may be prescribed under a
regulation to be accredited events. See the definition
"accredited event" .
"heirloom firearm" see section 6 .
"identified participant" ...
"identifying particular" , of a person, means a fingerprint, palm print or
footprint of the person.
"integral magazine" , in relation to a weapon, means a receptacle for holding
ammunition, that can not be easily removed from the weapon, from which
ammunition is loaded into the chamber of the weapon.
"interstate domestic violence order" means an interstate order or registered
foreign order under the Domestic and Family Violence Protection Act 2012 ,
part 6 , whether or not the order is a recognised interstate order under that
Act.
"landowner" means— (a) the owner or occupier of rural land; or
(b) a person
authorised by the owner or occupier to act on the owner’s or occupier’s
behalf in the general management or control of the land.
"laser pointer" means a hand-held battery-operated device, with a power output
of more than 1 milliwatt, that is designed to emit a laser beam and may be
used for aiming, pointing or targeting.
"licence" means a licence continued, issued or renewed under this Act and in
force at the material time, and includes a certificate under section 16 (2) .
"licensed armourer" means the person in whose name an armourer’s licence, in
force at the material time, has been issued.
"licensed collector" means the person in whose name a collector’s licence,
in force at the material time, has been issued.
"licensed dealer" means the person in whose name a dealer’s licence, in
force at the material time, has been issued.
"licensed theatrical ordnance supplier" means the person in whose name a
theatrical ordnance supplier’s licence, in force at a material time, has
been issued.
"licensee" means a person in whose name a licence, in force at the material
time, has been issued.
"magazine" , in relation to a weapon, means— (a) a detachable magazine; or
(b) an integral magazine.
"magazine capacity" , of a weapon, means the maximum number of rounds of
ammunition of a particular calibre that are designed to be held in— (a) if
the weapon has an integral magazine—the integral magazine; and
(b) if the
weapon has a detachable magazine—the detachable magazine.
"major component part" of a firearm includes a part such as the receiver,
body, barrel, breechbolt, frame or top slide without which the firearm would
be considered inoperative or incomplete.
"Minister" ...
"modern handgun" means a category H weapon manufactured on or after 1 January
1947.
"occupier" , of rural land, means the person entitled to possession of the
land.
"officer in charge of police" includes a police officer of whatever rank or
grade who is for the time being in charge of a police establishment.
"ordnance register" see section 117 .
"paint-pellet gun" means a weapon that discharges paint-pellet projectiles.
"paint-pellet sports" means games in which persons use paint-pellet guns to
discharge paint-pellet projectiles at other persons or things.
"participation condition" means a condition stated in section 133 (1) or (3) .
"participation record" see section 134 .
"part of a prohibited handgun" , for part 8 , division 2 , see section 174 .
"permanently inoperable" see section 7 .
"permit to acquire" means a permit to acquire a weapon under this Act and in
force at the material time.
"physically possess" , a weapon, means physically hold or have an immediate
ability to physically hold the weapon.
"place" includes any vehicle.
"police establishment" means a police establishment for the purposes of the
Police Service Administration Act 1990 .
"police officer" ...
"police protection notice" means a police protection notice under the
Domestic and Family Violence Protection Act 2012 , and includes an interstate
domestic violence order issued by a police officer.
"possession" includes in relation to any thing— (a) having the thing in
one’s custody; and
(b) having the thing under one’s control in any place,
whether or not another has custody of the thing; and
(c) having an ability to
obtain custody of the thing at will; and
(d) having a claim to custody of the
thing which the claimant has committed to the custody of another,
notwithstanding that the thing is temporarily not in the control of the person
having such claim.
"pre–percussion handgun" means— (a) an antique firearm less than 75cm in
length that is a muzzle loading firearm activated by a fuse, matchlock, wheel
lock, snaphaunce, flintlock or miquelet lock; or
(b) an antique firearm less
than 75cm in length approved as an antique pre-percussion firearm by an
authorised officer under section 154 .
"primary producer" means a person (not being a person engaged in primary
production as an employee on wages or piecework rates) primarily engaged in
the occupation of— (a) dairy farmer; or
(b) wheat, maize, or cereal grower;
or
(c) cane grower; or
(d) fruit grower; or
(e) grazier; or
(f) farmer,
whether engaged in general or mixed farming, cotton, potato, or vegetable
growing, or poultry or pig raising;
and includes a person prescribed by
regulation.
"prohibited handgun" , for part 8 , division 2 , see section 174 .
"prohibited person" means a person convicted in Queensland or elsewhere of 1
or more of the following— (a) murder or manslaughter;
(b) armed robbery;
(c) unlawful wounding;
(d) grievous bodily harm;
(e) an offence involving
drugs, weapons or violence prescribed under a regulation that is punishable by
imprisonment for 7 years or more.
"protection order" means a protection order under the
Domestic and Family Violence Protection Act 2012 , and includes an interstate
domestic violence order corresponding to a protection order.
"psychologist" means a person registered under the Health Practitioner
Regulation National Law to practise in the psychology profession, other than
as a student.
"public monument" see section 6C .
"public place" means any place that the public is entitled to use, is open to
the public, or used by the public, whether on payment or otherwise.
"purchase" means obtain under a sale.
"QCAT information notice" means a notice complying with the QCAT Act , section
157 (2) .
"QPS website" means the website used by the commissioner to provide public
access to information about matters relating to this Act. Editor’s note—
The QPS website is at www.police.qld.gov.au.
"range" ...
"range officer" of an approved range means a person who is a range officer of
the range within the meaning of section 108 (2) .
"range operator" of an approved range means the range operator of the range
within the meaning of section 108 (1) .
"range use register" see section 97 .
"reasonably believes" means believes on reasonable grounds.
"refuse" , an application, includes reject the application.
"registered owner" , of a firearm, means the owner of the firearm as entered
in the firearms register.
"reject" , an application, includes refuse an application.
"release conditions" see the Domestic and Family Violence Protection Act 2012
.
"relevant financial interest" , in relation to a business, means— (a) any
interest in the capital or assets of the business; or
(b) any entitlement to
receive any income derived from the business, whether the entitlement arises
at law, in equity or otherwise.
"relevant position" , in relation to the business or proposed business of a
licensed dealer or an applicant for a dealer’s licence, means a position
that entitles the holder of the position to participate in the management of
the business whether as director, manager, secretary or in any other capacity.
"relevant power" , in relation to the business or proposed business of a
licensed dealer or an applicant for a dealer’s licence, means a 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 of the business or proposed business; or
(b) to elect or appoint a
person to a relevant position in the business or proposed business.
"replacement licence" means a licence issued in replacement of an existing
licence under section 23 .
"replica" see section 6A .
"representative" , of a body, for sections 27A , 28A and 140 , means the
representative of a licensee that is a body, whether incorporated or
unincorporated, who is endorsed— (a) on the licensee’s licence as the
licensee’s representative; or
(b) on a permit to acquire issued to the
licensee as the licensee’s representative.
"respondent" means a person named in a domestic violence order as the
respondent.
"restricted item" see section 67 (8) .
"rural land" includes land other than land situated in any city or town or, in
the case of a shire, in any township in the shire.
"security guard" see section 6B .
"security guard’s register" see section 126A .
"security organisation" means an entity that provides security guards and the
services of security guards.
"security organisation register" see section 128 (1) (a) .
"sell" includes— (a) sell by wholesale, retail or auction; and
(b) supply
under a lease, exchange, hiring or other commercial arrangement; and
(c)
agree to sell; and
(d) cause or permit to be sold.
"shanghai" means a Y-shaped device that— (a) has something with elastic
properties fixed to it; and
(b) is capable of being used to propel a
projectile.
"shooting club" means a club or other organisation that conducts the sport of
target shooting, whether or not involving the use of a category M crossbow.
"shooting club permit" means a shooting club permit issued under section 87 .
"shooting gallery" includes a place used for paint-pellet sports.
"short firearm" means— (a) a category H weapon that is a firearm; or
(b) a
category C, D or R weapon that is a firearm under 75cm in length.
"slingshot" means a device designed for use with, or a component of which is,
a brace that fits or rests on a person’s forearm or another part of the
person’s body to support the person’s wrist against the tension of elastic
material used to propel a projectile. Example— a Saunders ‘Falcon’
Hunting Sling
"special condition" means a special condition under section 134 (1) .
"spent conviction" ...
"State" includes Territory.
"supply" includes— (a) give, distribute, sell, administer or transport; and
(b) offer to supply; and
(c) do an act preparatory to, or to further, or for
the purpose of, supply.
"sword" means a thing consisting of a long, straight or curved blade, fixed in
a hilt or handle, the blade of which is either— (a) pointed; or
(b)
sharp-edged on one or both sides.
Examples— • a rapier
• a
broadsword
"temporarily inoperable" see section 8 .
"temporary protection order" means a temporary protection order under the
Domestic and Family Violence Protection Act 2012 , and includes an interstate
domestic violence order corresponding to a temporary protection order.
"theatrical ordnance supplier" means a person who, wholly or partly, carries
on the business, whether or not for reward or benefit, of supplying on a
temporary basis weapons for use in theatrical, film or television productions
where the supplying involves no change in the ownership of the weapons.
"unlawful" means without lawful justification or excuse.
"unlawfully" ...
"unloaded" firearm, means the firearm contains no ammunition in its breech,
chamber, magazine or muzzle.
"vehicle" includes any aircraft or vessel.
"weapon" — (a) means— (i) a firearm; or
(ii) another thing prescribed
under a regulation to be a weapon or within a category of weapon; or
(iii) a
thing that would be a weapon mentioned in subparagraph (i) or (ii) , if it
were not temporarily inoperable or incomplete; and
(b) does not include a
public monument.
"weapons register" see section 71 (1) .
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