AustLII Tasmanian Consolidated Acts

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FIREARMS ACT 1996 - SECT 3

Interpretation

In this Act –
air pistol means a pistol that propels, or is capable of propelling, a projectile by means of compressed gas or air;
air rifle means a firearm that propels, or is capable of propelling, a projectile by means of compressed gas or air;
ammunition means –
(a) anything consisting of a cartridge case fitted with a primer and a projectile; or
(b) anything consisting of a cartridge case fitted with primer material and containing both a propelling charge and a projectile; or
(c) any blankfire cartridge, airgun pellet, training cartridge or gas cartridge; or
(d) any explosive component of ammunition; or
(da) paintball pellets as defined in section 99B ; or
(e) any other prescribed article;
approved means approved by the Commissioner;
approved firearms safety course means an accredited course relating to the safe possession and use of firearms as approved by the Commissioner;
barrel length means –
(a) in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder; and
(b) in any other case, the distance from the muzzle of the barrel to the point of the breach face (which includes the chamber);
Category A firearms licence means a licence referred to in section 14 ;
Category B firearms licence means a licence referred to in section 15 ;
Category C firearms licence means a licence referred to in section 16 ;
Category D firearms licence means a licence referred to in section 17 ;
Category H firearms licence means a licence referred to in section 18 ;
certificate of registration means the certificate of registration referred to in section 78 ;
Commissioner means the Commissioner of Police;
corresponding , in relation to a licence, means a licence in force under a law of another State or Territory that, in the opinion of the Commissioner, corresponds to a licence under this Act;
deal , in relation to a firearm, means to –
(a) manufacture, buy or sell firearms and firearm parts; or
(b) possess firearms and firearm parts for the purpose of sale, transfer, storage or testing; or
(c) possess firearm parts for the purpose of manufacturing firearms; or
(d) possess firearms and firearm parts for the purpose of repair in the ordinary course of business; or
(e) sell ammunition;
dealings record means a record kept under section 89 ;
employment , with a firearms dealer, includes engagement under a contract for services;
ex-military means originally designed or intended for, but never in or no longer in, military use;
family violence order means a family violence order within the meaning of the Family Violence Act 2004 ;
firearm means –
(a) a gun or other weapon that is capable of propelling anything wholly or partly by means of an explosive; and
(b) a blankfire firearm; and
(c) an air rifle; and
(d) an air pistol; and
(e) an imitation firearm, other than a toy; and
(f) any other prescribed thing; and
(g) any thing that would be a firearm under paragraph (a) , (b) , (c) or (d) if it did not have something missing from it or a defect or obstruction in it –
but does not include any device declared by the regulations not to be a firearm;
firearm heirlooms licence means the licence referred to in section 21 ;
firearm part means a barrel, breech, trigger mechanism, operating mechanism or magazine;
firearms dealer means a person who, in carrying on a business, deals in firearms;
firearms dealer employee licence means a licence referred to in section 19A ;
firearms dealer licence means a licence referred to in section 19 ;
firearms licence means any firearms licence referred to in Division 2 of Part 2 ;
firearms museum licence means a licence referred to in section 20 ;
firearms prohibition order means an order in force under Part 8 ;
genuine reason means a genuine reason as referred to in section 37 ;
heirloom firearm means a firearm inherited by a person from the grandparent, parent, brother, sister, uncle or aunt of that person;
imitation firearm means an article of any material or colour that –
(a) is a copy or reproduction of a firearm or has the appearance of a firearm; and
(b) could reasonably be mistaken for a firearm;
interim family violence order means an interim family violence order within the meaning of the Family Violence Act 2004 ;
interim restraint order means –
(a) an interim restraint order as defined in Part XA of the Justices Act 1959 ; and
(b) any other interim order or decision under an Act or law of a place other than Tasmania that is prescribed for the purposes of this definition;
licence means any licence in force under this Act;
licensed means licensed under this Act;
licensee means the holder of a licence;
manufacture means –
(a) any process of which the intended outcome is the creation of a firearm, ordnance or firearm part including, but not limited to, a barrel, slide, frame, receiver or bolt body; or
(b) in relation to a firearm that has been rendered incapable of being fired, making that firearm capable of being fired;
militaria firearms licence means a licence referred to in section 21A ;
minor means a person under the age of 18 years;
minor's permit means a permit in force under Division 2 of Part 3 ;
ordnance means –
(a) a bazooka, rocket launcher or prescribed weapon that, although not a firearm within the meaning of this Act, is designed to be capable of –
(i) being carried and used manually; and
(ii) firing a projectile by non-explosive means such as a propellant; and
(b) a shell, rocket or other projectile that –
(i) is designed to be fired by a weapon referred to in paragraph (a) ; and
(ii) has not been permanently rendered inert; and
(c) a tank, cannon or other similar military vehicle capable of discharging a missile or other projectile;
particular purpose means a purpose established under Division 6 of Part 2 as being a genuine reason for possessing or using a firearm;
permit means a permit in force under Division 1 of Part 3 ;
pistol means a firearm that –
(a) is reasonably capable of being raised and fired by one hand; and
(b) has an overall length not exceeding 65cm;
police family violence order means a police family violence order within the meaning of the Family Violence Act 2004 ;
police officer means a member of the Police Service established under section 4 of the Police Service Act 2003 ;
possession includes custody or control;
prohibited firearm means a firearm specified in Schedule 1 ;
prohibited pistol means a pistol prescribed as a prohibited pistol in the regulations;
register means the register of firearms referred to in section 83 ;
registered means registered under this Act;
registrant means a person in whose name a firearm is registered under Part 4 ;
restraint order means –
(a) a restraint order and an interstate restraint order as defined in Part XA of the Justices Act 1959 ; and
(b) any other order or decision under an Act or law of a place other than Tasmania that is prescribed for the purposes of this definition;
security agent has the same meaning as in the Security and Investigations Agents Act 2002 ;
security guard has the same meaning as in the Security and Investigations Agents Act 2002 ;
sell includes –
(a) dispose of for valuable consideration; and
(b) barter; and
(c) dispose of to an agent for sale on consignment; and
(d) offer or attempt to sell; and
(e) receive or have in possession for sale; and
(f) expose for sale; and
(g) send or deliver for sale; and
(h) cause or permit to be sold, as offered or exposed for sale; and
(i) dispose of by way of raffle, lottery or other game of chance;
use , in relation to a firearm, means –
(a) fire the firearm; or
(b) hold it so as to cause a reasonable belief that it will be fired, whether or not it is capable of being fired.



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