Australian Capital Territory Numbered Acts

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WEAPONS ACT 1991 (NO. 8 OF 1991) - SECT 4

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.


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