New South Wales Consolidated Acts

PAINTBALL ACT 2018 - SECT 3

3 Definitions

(1) In this Act--

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

"authorised officer" means a person appointed under Division 2 of Part 6 or a police officer.

"authorised paintball venue" means a paintball venue that is the subject of a paintball venue permit that is in force.

"authorised supplier" means the following--

(a) the holder of a paintball venue permit,

(b) the holder of a firearms dealer licence under the Firearms Act 1996 ,

(c) the holder of a weapons dealer permit under the Weapons Prohibition Act 1998 .

"close associate" --see section 4.

"Department" means the Department of Customer Service.

"equivalent authorisation" means a permit, licence, certificate, registration or other authorisation or qualification (however described) that is issued or conferred under the law of another Australian jurisdiction and that authorises the holder to do things similar to the things that a permit authorises a holder to do and includes anything that the regulations prescribe as an equivalent authorisation but does not include anything that the regulations prescribe as not being an equivalent authorisation.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"grant" a permit includes grant a renewal or restoration of a permit.

"paintball game area" has the meaning given by section 37.

"paintball marker" means a sporting device for use in the sport known as paintball that can propel, or is designed to propel, a paintball by means of any gas or mixture of gases, including air (but not including a gas or mixture of gases generated by an explosive) and is operated or designed for operation by means of a trigger or similar device, but does not include--

(a) a paintball marker that has been modified to propel something other than a paintball, or

(b) a paintball marker prescribed by the regulations.

Note--: A paintball marker may also be an imitation firearm within the meaning of the Firearms Act 1996 . The Firearms Act 1996 , section 4D requires the holding of a permit to authorise the possession or use of an imitation firearm. This may mean a person is required to hold a paintball marker permit under this Act and an imitation firearm permit.

"paintball venue" means a place at which the sport known as paintball is played or at which paintball markers are used.

"permit" means a paintball venue permit, a paintball marker permit or an international paintball competitor permit granted under Part 3.

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

(a) has custody of the paintball marker, or

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

(c) has the paintball marker in or on any premises whether or not belonging to or occupied by the person.

"premises" includes--

(a) a building or structure, or

(b) land or a place (whether enclosed or built on or not), or

(c) a mobile plant, vehicle, vessel or aircraft.

"Register" means the Register of paintball markers compiled and maintained under Part 7.

"relevant offence" means an offence against any of the following Acts or provisions of Acts or the regulations under those Acts or provisions--

(a) this Act,

(b) the Firearms Act 1996 ,

(c) the Crimes Act 1900 but only in respect of an offence involving a firearm or offensive weapon or instrument or an offence prescribed by the regulations,

(d) the Weapons Prohibition Act 1998 ,

(e) any other Act, or provision of an Act, prescribed by the regulations.

"Secretary" means--

(a) the Commissioner for Fair Trading, Department of Customer Service, or

(b) if there is no person employed as Commissioner for Fair Trading--the Secretary of the Department.

"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.

"Tribunal" means the Civil and Administrative Tribunal.

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

(2) Notes included in this Act do not form part of this Act.