Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act:
affected person :
(a) for Part 8A – see section 49L(2); or
(b) otherwise – see section 50(2).
"air pistol" means a pistol that propels, or is capable of propelling, a projectile by means of compressed gas or air.
"ammunition" means:
(a) an article consisting of a cartridge case fitted with a primer and a projectile other than an inert round; or
(b) an article consisting of a cartridge case fitted with a primer and containing a propelling charge and a projectile; or
(c) a blank cartridge, air gun pellet, training cartridge or gas cartridge; or
(d) a paintball pellet; or
(e) an article prescribed by regulation.
"ammunition retail permit" means a permit authorising the holder, and employees of the holder, to possess, purchase and sell only ammunition of a category specified in the permit, as mentioned in section 31(1)(fe).
"approved" means approved by the Commissioner.
"approved paintball operator" means the holder of a paintball operator licence or permit.
"approved paintball range" means the premises specified in a paintball operator licence or permit.
"category H sports shooter" means a person who:
(a) is the holder of a licence to possess and use prescribed category H firearms; and
(b) is a member of an approved firearms club; and
(c) participates in category H sports shooting.
"category H sports shooting" means participation in prescribed category H shooting disciplines at an approved firearms club.
"certificate of registration" means a certificate of registration issued under section 36.
"Commissioner" means the Commissioner of Police.
"corresponding", in relation to a licence, permit or certificate of registration, means a licence or permit in force under a law of a State or another Territory that, in the opinion of the Commissioner, corresponds to a licence, permit or certificate of registration under this Act.
"Council" means the Firearms Advisory Council established by section 55.
"criminal intelligence", see section 6 of the Serious Crime Control Act 2009 .
"determined fee" means a fee determined under section 6.
"disqualifying offence" means:
(a) an offence prescribed by the Regulations to be a disqualifying offence; or
(b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence mentioned in paragraph (a).
"domestic violence order", see section 4 of the Domestic and Family Violence Act 2007 .
"final domestic violence order" means:
(a) a domestic violence order other than an interim domestic violence order; or
(b) a registered external order.
"firearm" means a device or part of a device (whether or not assembled, operable or temporarily or permanently inoperable) that is designed or adapted to discharge shot, a bullet or other projectile:
(a) by expanding gases produced in the device; or
(b) by igniting combustible material; or
(c) by compressed air or other compressed gases (whether stored in the device or attached to the device in pressurised containers).
"firearm part" means a part mentioned in subsection (1A).
"firearm prohibition order", for Part 8A, see section 49B.
"firearm related item", for Part 8A, see section 49C.
"firearms club" means a shooting union, association, club or other group of persons, however described, who associate for purposes connected with the use of firearms.
"holder", in relation to a licence, permit or certificate of registration, means the person to whom it is granted.
"interim court DVO", see section 64 of the Domestic and Family Violence Act 2007 .
"interim domestic violence order" means:
(a) a domestic violence order made under Part 2.4 of the Domestic and Family Violence Act 2007 that has not yet been confirmed under that Part; or
(b) an interim court DVO; or
(c) a domestic violence order of another jurisdiction that is of an interim or provisional nature.
interim personal violence restraining order , see section 3 of the Personal Violence Restraining Orders Act 2016 .
"international competitor" means a person who resides outside Australia and who is visiting Australia for the purpose of competing in an approved shooting competition.
"land" includes land covered by water and the water covering the land.
"licence" means a licence granted under Part 3.
"machine-gun" means:
(a) a firearm (including a pistol) that discharges or is capable of discharging more than one cartridge on a single release of a trigger mechanism; and
(b) a firearm mentioned in paragraph (a) from which, for the time being, a cartridge cannot be discharged because of the absence or defect of a part or an obstruction in the firearm, but from which, if the part were replaced, renewed or repaired or the obstruction removed, a cartridge could be discharged.
"offence of violence" means:
(a) an offence prescribed by the Regulations to be an offence of violence; or
(b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence mentioned in paragraph (a).
"paintball" means a game in which players attempt to shoot at one another with prescribed paintball firearms using prescribed paintball pellets.
"paintball employee" means the holder of a paintball employee licence.
"paintball employee licence" means a licence in force under Part 3, Division 14, Subdivision 2, for employment by an approved paintball operator.
"paintball firearm" means a firearm designed to discharge paintball pellets.
"paintball operator" means a person carrying on the business of providing a paintball range, paintball firearms and pellets and other things for playing paintball.
"paintball operator licence" means a licence in force under Part 3, Division 14, Subdivision 1, for the business of paintball operator at a paintball range.
"paintball operator permit" means a permit in force under Part 4 for the business of paintball operator at a temporary paintball range.
"paintball pellets" means pellets that:
(a) consist primarily of a dye, paint or similar marking substance; and
(b) are designed to be discharged from a firearm.
"paintball player declaration", see section 60K(1)(a).
"paintball range" means premises for playing paintball.
"permit" means a permit granted under Part 4.
"personal violence restraining order" means:
(a) a personal violence restraining order made under the Personal Violence Restraining Orders Act 2016 ; or
(b) a similar order made in a State or another Territory.
"pistol" means a firearm that is:
(a) capable of being used in, or adapted to be aimed and discharged using, one hand only; and
(b) capable of being concealed on or about the person.
"possess or use", in relation to a firearm or ammunition, includes to carry, have under control, test discharge and store the firearm or ammunition.
"premises" includes buildings and land.
"prohibited firearm" means a firearm or item specified in Schedule 1.
"prohibited person", for Part 11, Division 2B, see section 60B.
"prohibited premises", for Part 8A, see section 49D.
"purchase" means to do or cause or allow to be done any of the following, whether or not for valuable consideration:
(a) purchase by wholesale, retail, auction or tender;
(b) obtain by barter or exchange;
(c) receive by transfer, exchange, assignment or settlement.
"register" means the register required to be kept under section 7.
"registered" means registered under this Act.
"registered external order" means an external order, as defined in section 4 of the Domestic and Family Violence Act 2007 , that is registered under Part 3.2 of that Act.
representative for:
(a) a firearms dealer licence, firearms corporate licence, firearms museum licence or firearms club licence – means the person nominated under section 9(3A)(a), (4)(a), (5)(a) or (6)(a); or
(ab) an ammunition retail permit – means the person nominated under section 32(4); or
(b) a paintball operator licence or permit – see section 9(9)(b)(i) or 32(3)(b)(i);
and includes the person for whom a notice is given under section 91A.
reviewable decision :
(a) for Part 8A – see section 49L(1); or
(b) otherwise – see section 50(1).
"sale" means to do or cause or allow to be done any of the following, whether for profit, valuable consideration or otherwise:
(a) sell by wholesale, retail, auction or tender;
(b) dispose of by barter, transfer, exchange, assignment or settlement;
(c) offer for sale, receive for sale, have in possession for sale or expose or exhibit for sale;
(d) conduct negotiations for sale.
"shooting member", of an approved firearms club, means a full member of the firearms club who has completed any period of probation as a member and does not include a person who is a social or associate member (however called) of the club.
"shooting range" means an area of land established or reserved primarily for the purpose of discharging firearms.
"silencer" means:
(a) a device capable of being used to suppress the noise of the discharge of a firearm; and
(b) a device mentioned in paragraph (a) that, for the time being, does not suppress the noise of the discharge of a firearm because of the absence or defect of a part of the device but would, if the part were replaced, renewed or repaired, suppress the noise of the discharge of a firearm.
"specially accredited discipline" means a category H sports shooting discipline that is prescribed as a discipline for which a category H firearm with a calibre greater than .38" but not greater than .45" may be used.
"starting pistol" means a device that is used or designed to control the start of an event at a sporting fixture that is not capable of discharging shot, a bullet or other missile.
"student of arms", see section 35C(2).
"working day" means a day that is not a Saturday, Sunday or public holiday.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
(1A) For the definition of "firearm" in subsection (1), a part of a device means:
(a) a rifle or shotgun action; or
(b) a pistol or revolver frame.
(2) A reference in this Act to:
(a) a category A firearm is to a firearm of a type specified in Schedule 2; and
(b) a category B firearm is to a firearm of a type specified in Schedule 3; and
(c) a category C firearm is to a firearm of a type specified in Schedule 4; and
(d) a category D firearm is to a firearm of a type specified in Schedule 5; and
(e) a category H firearm is to a firearm of a type specified in Schedule 6.
(3) For this Act, a person deals in firearms if the person buys, sells, exchanges or hires out firearms in the course of his or her business.
(3A) For this Act, a person is a close associate of an applicant for, or the holder of, a firearms dealer licence or paintball operator licence or permit if the person:
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right, on behalf of any other person or for the benefit of any other person), in the business of the applicant or holder and, by virtue of that interest or power, is or will be able to exercise a significant influence over, or with respect to, the conduct or control of that business; or
(b) holds or will hold any relevant position (whether in his or her own right, on behalf of any other person or for the benefit of any other person) in the business of the applicant or holder.
(3B) In subsection (3A):
"relevant financial interest", in a business, means:
(a) any interest in or entitlement to the capital or assets of the business, including any interest or entitlement where the business is carried on under a trust; or
(b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.
"relevant position", in a business, means a position whose holder participates in or is entitled to participate in the management of the business (whether in the capacity of a director, manager, secretary, partner or in any other capacity).
"relevant power", in a business, means any 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 about the business; or
(b) to elect or appoint any person to any relevant position in the business.
(4) For this Act, a firearm is sold when the possession of the firearm passes from the person who sells the firearm (or if the firearm is sold by the holder of a firearms dealer licence, from an employee of the holder) to another person.